Trusts and Estates Section

Summary: Substantial evidence supported the imposition of a limited conservatorship, even under the clarified standard of review for findings requiring clear and convincing evidence Read more

The Executive Committee of the Trusts and Estates Section of the California Lawyers Association is pleased to announce the publication of the Fourth Edition of its popular Guide to the California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel. Read more

This program will cover the scope of authority granted under powers of attorney; strategies for drafting provisions to meet your clients’ specific needs and to avoid litigation; proper management and administration by agents serving under powers of attorney; and litigation relating to breaches of duties by agents. Read more

Speaker will discuss a framework for addressing and solving property tax issues for clients engaged in estate planning, gifting, and property management. Participants will learn about the impact Proposition 19 will have on property tax rules for transfers of property and reassessment. Read more

This California Constitutional Amendment has three components. Read more

There is no statutory requirement that the court make an express finding of a conservatee’s decisional incapacity if substantial evidence exists to support the need for involuntary medication, and psychologists may opine on the need for medication. Read more

Despite a trend toward legalization of marijuana at the state level, the ownership of marijuana related businesses as trust or estate assets continues to pose unique challenges and legal risks in large part due to marijuana’s still-illegal status at the federal level and its heavily-regulated status in California. Read more

Summary: The causation element of an intentional interference with expected inheritance claim does not shift the burden of proving capacity to the plaintiff. Read more

California courts have case-linked personal jurisdiction over out-of-state trustees and beneficiaries who have purposefully availed themselves of forum benefits, where the controversy relates to the respondents’ contacts with the forum, and where the exercise of jurisdiction comports with fair play and substantial justice. Read more

Summary: A general disinheritance clause suffices to express a decedent’s intent to disinherit potential heirs living at the time of execution of a will or trust, even if unknown to the decedent. Read more