Trusts and Estates Section

In the wake of the statutory weakening of no contest clauses, settlors have little recourse to dissuade post-death contests. Read more

Probate matters and general civil matters can sometimes be seen as operating in two separate worlds.  However, in practice, these worlds often interact with one another.  Read more

Private letter rulings (PLRs) are one of many tools that tax and wealth planning professionals can employ to benefit their clients, but many professionals are unaware of the benefits of PLRs or don’t know how to obtain PLRs. Read more

Probate Code section 850, which authorizes the return of real or personal property,  may not be used to obtain documents and communications. Read more

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