Trusts and Estates Section

Effective January 1, 2023, new Probate Code section 15304, subdivision (c), clarifies that a trustee’s discretionary power to reimburse the settlor of a “grantor trust” for income taxes paid on behalf of the trust does not create a beneficial interest that would allow the settlor’s creditors to access trust assets to satisfy the settlor’s debts.   Read more

Assembly Bill No. 1745, which passed in June 2022, amends Section 16061.8 of the California Probate Code to specify that the 120-day limitation period, in which a person may bring an action to contest a trust (upon receiving notice under Section 16061.7), only applies when a revocable trust becomes irrevocable because of the death of a settlor of the trust.  Read more

Summary judgment was improper where the presumption of natural parentage was applied without the prerequisite factual finding of cohabitation of spouses.  Read more

Allegations that trustee breached fiduciary duties by using trust assets to fund meritless litigation did not arise out of protected activity. Read more

Earn 7.5 Hours of MCLE, which includes Legal Specialization in Estate Planning, Trusts and Probate Law. Read more

This webinar will provide information on the continuation, disposition, or termination of a law practice due to a death or disability. Read more

Join us for a conversation with neuropsychologist Jonathan Canick about the interplay between aging and an elder client’s capacity to execute estate planning documents.  Read more

Over the past few years, “conservatorship” has become a popular buzz word and the topic of many discussions in the media. Read more

In this episode, our guest Josie M. Porras Corporon, CELA, will be diving into the misunderstood world of elder law. Read more

In probate of the estate of an intestate California decedent, clear and convincing evidence of a non-biological parent-child relationship established the presumption of natural parentage forming the basis of the claim of heirship, even though the parent-child relationship was effectuated outside California. Read more