Listen Here Estate planners not only help clients plan for what happens at death. Nowadays, especially with the high divorce rates, trust and estate lawyers also need to be mindful of how certain planning will play out in the event of a divorce. In this episode of Trust Me!, we discuss what estate planners should know about the basics of family law. About Our Guest: Vanessa Soto Nellis is a Shareholder and Chair of the Family Law Practice Group of… Read more
1.5 Participatory MCLE Credits In this presentation, David Little with describe the purpose of a Heggstad petition, the evolution of the law, practical application of a Heggstad petition, and alternatives when a Heggstad is not appropriate. David will also provide real world examples of the uses of Heggstad petitions. REGISTER HERE Non-Member: $75Member: $55 Speaker: David D. Little David D. Little is a partner at Donahue Fitzgerald with over 20 yearsâ experience practicing law and is a Certified Specialist in… Read more
Listen Here What enhanced remedies are parties entitled to recover under Probate Code section 859? Is it double damages, triple damages, or something else? There has been a district split, and now even a division split, on whether parties can receive âdouble damagesâ under Section 859. Recent case law sheds light on this issue, and the guests on this episode were counsel of record in two of those recent cases, enabling them to share key insights and an overview of… Read more
Cite as D083713Filed August 21, 2024Fourth District, Div. Four By Golnaz YazdchiSheppard Mullin Richter & Hampton LLP https://www.sheppardmullin.com Headnote: Estate Litigation â Omitted Child Summary: To inherit a share of a parentâs estate as an omitted child, the child must show that the sole reason for omission was that the testator was unaware of the childâs birth. Williams fathered seven children, five of whom were born out of wedlock and two of whom were the result of a marriage. Williams… Read more
Listen Here Haggerty vs. Thornton is a case that made its way to the California Supreme Court with an eagerly anticipated decision. This case concerns an area of law that is of great interest to planners, administrators, and litigators: the method of amending trust and whether the method of revocation can be considered the same as the method of amendment.About Our Guests:Jennifer Campbell is a partner at Carlin and Peebles LLP in Southern California. She focuses her practice on estate planning… Read more
Cite as B329459Filed September 4, 2024Second District, Div. Six By Michelle Barnett BatistaAaron, Riechert, Carpol & Riffle, APCwww.arcr.com Headnote: Legal Malpractice â Duty of Care to Nonclients Summary: Estate planning attorney did not owe duty of care to clientâs heirs because clientâs intent to benefit heirs in the estate plan was not clear, certain, and undisputed. In 2011, Richard met with his attorney, John, regarding changes to his estate plan. Richard instructed John that he wanted to leave his entire… Read more
When does a trust beneficiaryâs cooperation with a trustee to modify, reform, or decant a trust become a taxable gift by that trust beneficiary? Read more
There are many things to consider when choosing a trustee or successor trustee for a trust. The trustee will face a number of challenges over the course of their service and will need to plan ahead to avoid the inevitable pitfalls. Read more
The penalty in Probate Code section 859 for damages double the value of the trust property is in addition to the remedy in Probate Code section 856 for return of the trust property, and the penalty may be awarded to the individual who brought the action. Â Read more
A corporationâs contractual obligation to redeem shares is not necessarily a liability that reduces a corporationâs value for purposes of the federal estate tax. Â Read more