Trusts and Estates Section

Attend this presentation to connect with an estate planner and trust administrator, a Research Attorney at the Superior Court, and a malpractice attorney who are members of the California Lawyers Association Trusts and Estates Executive Committee or the California Lawyers Association Ethics Executive Committee. Ethical issues are tricky in that, while they are often obvious, other times they may be difficult to spot. By understanding the pitfalls, we can better see them and prevent a catastrophe that could impact our ability to represent clients without issue or jeopardize our license to practice law. Read more

Years after judgment was renewed, it was corrected nunc pro tunc to state the judgment debtor’s representative capacity. Read more

Amending revocable trusts is such a common occurrence for estate planners that the procedure for doing so may be given little thought. Read more

Surveys reveal an equity gap in estate planning. Although everyone should have an estate plan, Americans in communities of color are less likely to have plans in place. Read more

There is no blanket prohibition that categorically bars an heir from intervening as a matter of right in a lawsuit filed by a personal representative in a wrongful death suit. Read more

A California personal representative must reside in the United States, and having many contacts with the U.S., including maintaining bank accounts, doctors, and frequent visits, is not sufficient to qualify as a resident. Read more

Conservatorship 101 will review the different types of conservatorships, some basic alternatives to conservatorships, situations where a conservatorship is necessary, and walks through the procedures to have a client appointed as conservator. Read more

The Uniform Partition of Heirs Property Act was drafted to address perceived abuse in partition actions leading to a loss of equity in inherited property, especially among lower-income parties. According to the Uniform Law Commission, the Act has been enacted by twenty-one states, including California. Read more

Beneficiary was determined predeceased for filing a direct trust contest outside the 120-day period following trustee notification where her unexcused late filing constituted lack of probable cause. Read more

There’s a lot of talk about student loan debt and the rising cost of college education. One tax effective solution for clients who want to help their children or grandchildren with this rising cost is a 529 plan. Read more