Trusts and Estates Section

The Probate court has the power to appoint persons to protect a conservatee’s interests and the power to deny appointment of proposed conflicted counsel as conservatee’s independent counsel. Read more

Special administrator had discretion to pay statutory fee earned by administrator’s attorney to third-party judgment creditor in partial satisfaction of attorney’s judgment debt. Read more

Absent express authority under a power of attorney, an attorney-in-fact may not create a survivorship interest in the principal’s funds by depositing funds into a joint account, of which the attorney-in-fact is a joint owner. Read more

In this episode, our guests, Marguerite Lorenz, Master Trustee, and Todd Stephenson, estate liquidator, will be discussing the difficulties that are encountered in dealing with personal property after someone has died. Read more

Senate Bill 1338, passed in 2022, and effective January 1, 2023, known as the CARE Act, creates a court process for the creation of a Community Assistance, Recovery, and Empowerment (CARE) plan for an individual experiencing a severe mental illness with a diagnosis of schizophrenia or certain other psychotic disorders.  Read more

The narrow probate exception did not apply to strip the federal court of jurisdiction over an in personam breach of contract action brought after disallowance of a creditor's claim even though valuing the estate would be necessary to compute an award of damages.  Read more

Lisa M. Piehl, the Program Manager of the Estate and Gift Tax Policy Division of the Internal Revenue Service (IRS), will be addressing updates related to estate and gift tax matters within the IRS. Read more

Lisa M. Piehl, the Program Manager of the Estate and Gift Tax Policy Division of the Internal Revenue Service (IRS), will be addressing updates related to estate and gift tax matters within the IRS. Read more

Trust and estate lawyers have a keen interest in state legislation. The California Lawyers Association gives them a voice in Sacramento. Read more

The successor trustee was properly surcharged the amount of attorneys’ fees that he paid using trust assets to defend a contest as to the validity of the final amendment to the trust. Read more