Trusts and Estates

Season 1, Episode 1: Amendments & Power of Appointment

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Patrick A. Kohlmann and Vivian Thoreen pick out some highlights from the presentation at the 2020 Annual meeting entitled “Case Law and Other Changes in Trusts and Estates Practices”. In this episode we cover Pena vs. Day (2019) 39 Cal.App.5th 546, which involves a question of what constitutes an amendment to a trust, and Tubb v. Berkowitz (2020) 47 Cal.App.5th 548, a power of appointment case. We discuss the practical issues raised by these cases for litigators and planners.

Their webinar entitled “Case Law and Other Changes in Trusts and Estates Practices” can be found here.

Patrick is the managing partner at Temmerman, Cilley, & Kohlmann of San Jose and Danville, Ca. He specializes in the areas of estate and business planning, trust and decedent’s estate administration, property tax planning, probate, conservatorships, and related trust and estate litigation. 
Vivian Thoreen is the executive partner of Holland & Knight’s Los Angeles office and chairs the firm’s national Private Wealth Services Dispute Resolution Team. She is a litigator and experienced trial attorney focusing on complex trust, estate, conservatorship and guardianship matters.

Host Herb Stroh Mr. Stroh is a Certified Specialist in Estate Planning, Trust, and Probate by the State Bar of California Board of Legal Specialization. He has extensive experience in all aspects of trust, probate, conservatorship, and guardianship conflict resolution.  He also has experience in all aspects of estate planning and administration of trusts, probate estates, special needs trusts, and conservatorships.

 If you have questions, comments, and suggestions for future topics please email Herb at  

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