California Lawyers Association

Trusts and Estates Section

Updates and events from the Trusts and Estates Section

Alma Soongi Beck of Lakin Spears LLP will provide an overview of estate planning for LGBTQ People and unmarried couples, and its evolution over her 18+ years of practice in this area. The discussion will cover the evolving landscape of local, county, and state domestic partnership registration and recognition, property tax issues for people not married and not state-registered domestic partners, considerations for health care directives, and a practitioner’s perspective of planning in this area four years beyond the landmark U.S. Supreme Court decision in Obergefell v. Hodges. Read more
The full date-of-death value of a GRAT is includable in a decedent’s gross estate for federal estate tax purposes, unless the grantor divests herself of possession of, enjoyment of, or a right to income from the property, leaving no string tying her to the property. Read more
In fulfilling their fiduciary obligations, trustees, conservators and other fiduciaries are often thrust into situations where they are required to act as an employer. From managing caretakers, issuing paychecks, setting schedules, to hiring and firing trust employees, this is perilous territory because California employers are saddled with a host of regulations they are expected to understand and follow precisely. Read more
Summary: A trustee who is also the donee of a general power of appointment over the trust assets may exercise that power in his own favor without liability because as donee he holds the power in a nonfiduciary capacity. Read more
Greetings from the Executive Committee of the Trusts and Estates Section (TEXCOM). We hope that all Section members and their families have remained safe and healthy during the COVID-19 pandemic. Read more
Summary: Trustees representing themselves do not engage in the unauthorized practice of law in probate matters not involving third parties. Read more
April 13, 2020 The Honorable Alex PadillaSecretary of State1500 11th StreetSacramento, CA 95814 For a PDF copy, click here Re: COVID-19 - Remote Online Notarization by California Notaries Dear Secretary Padilla: We write on behalf of the Executive Committee of the Trusts and Estates Section (TEXCOM) of the California Lawyers Association to recommend that California Notaries be temporarily authorized to provide services remotely through videoconference during the current state of emergency. We urge expedited action on this issue. The Trusts… Read more
This is a form for a Request for Consideration of Amicus Curiae Support. Read more
Summary: The trial court is not required to employ an effectiveness test before awarding attorneys’ fees and costs to the Attorney General in a charitable trust enforcement action. Read more
In the 2014 decision of Lintz v. Lintz  the court applied Family Code section 721 to estate plans.  Section 721 imposes a duty of the highest good faith and fair dealing on spouses, and a statutory presumption of undue influence arises wherever one spouse obtains an advantage over the other.  Probate Code section 21385 was amended to remove the presumption created by the Lintz case.  Other legislation passed protects elders from aggressive Care Custodians. Read more

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