California Lawyers Association

Trusts and Estates Section

Updates and events from the Trusts and Estates Section

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
Where there is no extrinsic evidence regarding the testators’ intent, courts exercise their independent judgment in interpreting bequests.   Read more
Arbitration agreement was not valid and enforceable against successors-in-interest to a decedent who was without capacity to consent to arbitration when he executed the contract.  Read more
CalABLE Accounts offer different benefits to those that qualify than other planning tools such as special needs trusts. Read more
Dr. Linton Mohammed will cover the basics of forensic document examination including when to use a forensic document examiner and the techniques that he uses to catch fraudsters. Read more

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