California Lawyers Association

Trusts and Estates Section

Updates and events from the Trusts and Estates Section

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
AB 1194 is a comprehensive bill that makes several notable changes to conservatorship and guardianship law. It is effective as of January 1, 2022. Read more
Where an elder is both beneficiary and personal representative, she has standing to bring an individual action for financial elder abuse regarding injury arising from an estate transaction impairing her individual interest in the estate. Read more
Counsel for proposed conservatee may waive client’s right to have the matter of establishment or reestablishment of LPS conservatorship decided by jury trial, absent circumstances suggesting counsel lacked actual authority, counsel disregarded proposed conservatee’s wishes, or proposed conservatee was actually unaware of right to a jury trial. Read more

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