Trusts and Estates Section

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

Welcome to the 2022 Fourth Annual Financial Elder Abuse Symposium! This program will start at 8:30 AM on Friday, May 20, 2022. Read more

Cite as A162222Filed February 24, 2022, First District, Div. Three By Jaime B. HerrenHolland & Knight LLPwww.hklaw.com Headnote: Trust Amendment – Available Methods Summary: Because the trust described a method of amendment that was the exclusive means of amendment available to the settlors, the trust amendment was invalid for failure to comply with that exclusive method. Mary and Sal C. amended their revocable trust the day before Sal C. died.  The amendment was not notarized despite that the trust required any amendment, revocation… Read more

The speakers will examine the seminal authorities applicable in probate proceedings relative to the shifting of attorney’s fees, as well as different theories of recovery for attorney’s fees. Read more

Bryan Kirk and David Oh, Trust Counsels of Fiduciary Trust International of California, discuss 529 plans from a tax planning and estate planning point of view. They will review the basic rules of 529 plans and discuss what clients should consider when setting up such plans. Read more

The Standing Committee on Professional Responsibility and Conduct of the State Bar (COPRAC) has issued a detailed and lengthy opinion dealing with an attorney’s duties when representing an incapacitated client. Read more

Under prior law applicable to persons who died before January 1, 2017, property held by a decedent and transferred to heirs through a revocable trust was subject to reimbursement for Medi-Cal benefits. Read more

Trial court did not improperly induce LPS conservatee to waive jury trial by stating that she could have a court trial immediately or wait nine months for a jury trial, and the conservatee’s waiver was knowing and intelligent even though she was not specifically advised that she, through counsel, had the right to participate in jury selection. Read more