Trusts and Estates Section

In this episode, our guest Michael DiBernardo will be diving into the exciting world of fiduciary income taxation. This episode is geared towards practitioners who don’t deal with trust income tax rules on a daily basis. Read more

Party may waive rights as surviving spouse by agreement if circumstances indicate the parties intended it to be a complete property settlement. Read more

Attorney Stefanie M. Bennett has devoted her practice to representation of minors in judicial proceedings. Read more

Currently pending before the California Supreme Court in Haggerty v. Thornton is the question of whether the language set forth in Probate Code 15402, “[u]nless the trust instrument provides otherwise”, means a trust may be amended by any available method of revocation unless the method of amendment set forth in the trust is “expressly exclusive”, or whether it means that if the trust specifies any method of amendment, that particular method must be followed. Read more

LPS conservatees are similarly situated to persons found not guilty by reason of insanity for purposes of the right against compelled testimony. Read more

Party that fails to read agreement and consult with their attorney prior to signing is not entitled to rescind agreement based on unilateral mistake of fact as to the contents. Read more

People v. Sanchez drastically changed the testimony and evidence that experts can give during trial. Read more

This Episode of “Trust Me” is Part 2 of a multi-episode series, which features an interview with Ryan Szczepanik and Ciarán O’Sullivan, the co-authors of the article: “When They Don’t Clap for Anti-SLAPP.” Read more

The common law doctrine of special interest standing to enforce charitable trusts does not extend to revocable trusts. Read more

Probate Code section 890, enacted in 2019 by AB 473, requires the Judicial Council to adjust the dollar amounts to qualify for the various small estate procedures under Division 8 of the Probate Code (Probate Code sections 13000 et seq.) based on changes to the CPI for “All Urban Consumers” published by the United States Bureau of Labor Statistics. Read more