California Lawyers Association

Trusts and Estates Section

Updates and events from the Trusts and Estates Section

Summary: LPS conservatees are similarly situated to persons found not guilty by reason of insanity and individuals subject to other involuntary civil commitments for purposes of the right against compelled testimony. Read more
Summary: Where a trust beneficiary held a contingent future interest in the trust’s residue, he was entitled to notice and an opportunity to be heard on a petition eliminating that interest. Read more
Summary: A proposed conservatee must appear at the conservatorship hearing unless certain exceptions are met. Read more
Panelists will address the applicable law and procedures for suspension and removal of Trustees. Read more
Earn 7.50 Hours of MCLE Credit and Legal Specialization at the 3rd annual Financial Elder Abuse Symposium. Read more
The California Lawyers Association (CLA) is pleased to announce that its position in its first ever amicus brief was confirmed by the California Supreme Court in the recent Barefoot v. Jennings opinion. The brief, filed by CLA's Trusts and Estate Section, addressed issues of standing in revocable trust cases as dictated by the Probate Code. Read more
The most significant change in the SECURE Act that estate planners must address with clients is replacement of the ability to stretch out mandatory withdrawals of an inherited IRA over the life of the beneficiary with a ten-year mandatory withdrawal period for all but “eligible designated beneficiaries.” Eligible designated beneficiaries consist of a surviving spouse, a minor child of the IRA owner until the minor reaches majority, a disabled or chronically ill beneficiary, and an individual who is not more than ten years younger than the IRA owner. Read more
Summary: A former beneficiary of a trust whose interest was eliminated by a subsequent amendment has standing to challenge the subsequent amendment in the Probate Court. Read more
Where the decedent kept a “permanent record” listing lifetime gifts to his children, the gifts were properly treated as advances on inheritance and deducted from at-death transfers under the trust. Read more
Summary: A decedent’s will can contain clear and convincing evidence to defeat the presumption of a right of survivorship to a joint tenancy account. Read more

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