Trusts and Estates

Season 1, Episode 2: Double Damages & AB 327

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We continue our discussion of updates with Patrick A. Kohlmann and Vivian Thoreen presenters at the 2020 Annual meeting of as seminar entitled “Case Law and Other Changes in Trusts and Estates Practices”. In this concluding episode we discuss Levin v Winston-Levin (2019) 39 Cal.App.5th 1025 and Estate of Ashlock 45 Cal.App.5th 1066, both of which centered on Probate Code Section 859–the so called “double damages” statute. After a quick discussion on gametic material via the case of Robertson v. Saadat (2020 48 Cal.App.5th  630 we wind up with an examination AB 327. The bill enacts new PC 21385, which intends to overrule a part of the Lintz v Lintz case as to at-death transfers.

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