Trusts and Estates Section

Earn 7 Hours of MCLE credit; includes Competence Issues and Legal Specialization Friday, March 29, 2019 Loyola Law School Merrifield Hall 919 Albany Street Los Angeles, CA 90015 Register Online Here More Links: Brochure | Reg Form Read more

The Second Annual Financial Elder Abuse Symposium, Earn 7 Hours of MCLE credit; includes Competence Issues and Legal Specialization Read more

Summary: Under the Elder Abuse Act, any person age 65 or older has standing to petition for a restraining order against an individual alleged to have engaged in abusive conduct, as defined by statute, even if there is no special relationship between the alleged abuser and victim, such as a caretaking or custodial relationship. Read more

Summary: Despite the trust’s general provision authorizing retention of trust property, the specific provision requiring the co-trustees to distribute the trust assets after the settlors died and all beneficiaries reached age 30 controlled, although they had discretion over the method of distribution. Read more

Summary: Under the substantial benefit doctrine a probate court may award attorneys’ fees to a litigant whose efforts have resulted in a substantial benefit to other parties, whether such benefits are pecuniary or non-pecuniary. Read more

Register for the Feb. 26 and the Mar. 5 webinars and get 15% off. Click Here to Register Presented by the Taxation and Trusts and Estates Sections This program offers 1 MCLE credit. 1 legal specialization in Estate Planning; Trust & Probate Law. 1 legal specialization in Taxation Law.   This program will provide practitioners with an overview of the income taxation of domestic trusts, tips for minimizing taxes and avoiding traps for the unwary, and updates on recent tax reform, regulations… Read more

Presented by the Taxation and Trusts and Estates Sections Register for the Feb. 26 and the Mar. 5 webinars and get 15% off. Click Here to Register This program offers 1 MCLE credit; 1 legal specialization in Estate Planning; Trust & Probate Law. 1 legal specialization in Taxation Law. You must register in advance to participate. Estate planners who focus primarily on domestic planning often eschew international planning strategies and issues, but in a global society,  it is our growing importance to be… Read more

Walter C. Permann established a trust whereby he provided distributions to employees of his company, so long as each beneficiary remained “employed” by the company at Walter and his spouse’s death or else such gifts would lapse. The trust also included a gift to the drafting attorney, whom had obtained a certificate of independent review before Walter executed the trust. Read more

Josephine created a trust in 1997. When Josephine died in 2007, her niece, Rosie, succeeded her as trustee. Rosie was neither legally nor financially sophisticated, but had been close with Josephine and knew her wishes. Under the trust Josephine left a life estate in a residence to her long-time family friend, Paul, and the residue to Orange Catholic Foundation. The trust required Paul to pay “ordinary maintenance expenses” on the residence. Paul was elderly, had dementia, and was unable to afford the expenses. Read more

Marcie Weber was convicted of theft from an elder, Philippa Johnston, and was ordered to pay restitution to the victim’s estate. Following Johnston’s death, her conservator, Sarah Kerley, filed a restitution action and an 850 petition to recover civil damages for the wrongful taking from an elder. In the restitution action, the parties stipulated to a judgment of $700,000. In the 850 action the court, based on principles of res judicata, granted the petition and awarded double damages of $1.4 million. Read more