Haggerty vs. Thornton is a case that made its way to the California Supreme Court with an eagerly anticipated decision. This case concerns an area of law that is of great interest to planners, administrators, and litigators: the method of amending trust and whether the method of revocation can be considered the same as the method of amendment. Abou…

When does a trust beneficiary’s cooperation with a trustee to modify, reform, or decant a trust become a taxable gift by that trust beneficiary? In late 2023, the IRS Office of Chief Counsel answered that question in CCA202352018. In this episode, our guest Jenny Hill Bratt discusses the CCA and its impact on trust and estate practitioners and thei…

There are many things to consider when choosing a trustee or successor trustee for a trust. The trustee will face a number of challenges over the course of their service and will need to plan ahead to avoid the inevitable pitfalls. In this episode of Trust Me!, we discuss a proactive plan for a trustee to successfully administer a trust, and an ove…

When a client passes away, one of the most important items on our to-do list is to file certain tax returns. In this episode of Trust Me!, we will be discussing an overview of things to consider during the period of post-death administration, mainly focusing on filing the federal estate tax return (Form 706). About Our Guests: Lisa M. Piehl is the …

In this episode of Trust Me!, Bette Epstein discusses the magic of the trust and estate mediation process to informally resolve disputes, which includes party engagement, active listening, patience and problem solving. About Our Guest: Bette Epstein is a mediator, arbitrator and referee with ADR Services, Inc. Ms. Epstein has been mediating trust a…

California just passed a directed trust statute! In this episode of Trust Me!, Michael Rosen-Prinz and David Khanjyan will go over the basic structure of a directed trust, along with the specifics of California’s new directed trust statute. About Our Guests: Michael Rosen-Prinz is a partner at Loeb & Loeb LLP (Los Angeles office). Michael maintains…

In this episode of Trust Me!, Kristin Yokomoto discusses ethical considerations in the estate planning world. She covers issues relating to engagement letters, conflicts, communication, capacity and more. About Our Guest: Kristin Yokomoto is a partner at Baker & Hostetler LLP in Costa Mesa, California and focuses on tax and estate planning for high…

Clients have grown to be more charitably inclined and want to incorporate charitable giving as part of their estate plan. In this episode, we discuss the basics of charitable planning, as we review the ABCs of those great acronyms: the CRUTs, CRATs, and CLATs. About Our Guest: Amy Takeuchi Wanlass is a Senior Wealth Advisor for Northern Trust based…

What must be, and what should be included, by the trustee of a trust in an accounting? And, who is entitled to receive what kind of information? In this episode, our guest Denise Riley discusses the details of what is required in an accounting. About Our Guest: Denise Riley is the Senior Fiduciary Officer of the West Region in the San Francisco off…

A revocable trust is an essential part of an estate plan in California. And when clients ask why they need a revocable trust, our answer is always: to avoid probate! We know that probate is time consuming and costly, but have you ever wondered how our system came to be? In this episode of Trust Me!, Anne Rudolph and Ralph Hughes discuss their recen…

Join estate-planning attorney Elizabeth Bawden and trust-and-estate litigator Matt Owens for a discussion about the Corporate Transparency Act. About Our Guest: Elizabeth Bawden is a partner in Withers Bergman’s Los Angeles office. Elizabeth focuses her efforts on estate planning, planned giving, and tax-exempt organizations. Elizabeth represents c…

Join Deputy District Attorney Scott Pirrello and Estate Planning Attorney Melissa Raneri Karlsten for a conversation about elder abuse, including internet and technology scams that everyone, no matter their age, is being bombarded with on a daily basis. Scott and Melissa discuss shipping notifications, product subscriptions, and why you should not …

Are irrevocable trusts truly irrevocable? One way to change the terms of an irrevocable trust is by decanting. In this episode, our guest Michael Rosen-Prinz will be discussing the particulars of California’s decanting statute. About Our Guest: Michael Rosen-Prinz is a partner at the Los Angeles office of Loeb & Loeb LLP. Michael maintains a broad …

Most attorneys are able to identify clients who clearly have mental capacity to make decisions and those who clearly lack such capacity. But what about the clients in the middle part of the spectrum? In this episode, geropsychologist Bonnie Olsen provides practical guidance on dealing with clients who may have mental function deficits. She explains…

The world is getting smaller and smaller. As estate planners, we need to be aware of cross-border issues when it comes to estate planning and taxation. In this episode, our guest Chris Nason will be discussing a basic and practical overview of international estate planning and tax planning issues. About Our Guest: Chris Nason is a partner at McDerm…

In January of 2009, the infamous and anonymous Satoshi Nakamoto launched the Bitcoin Network. Bitcoin is the first cryptocurrency, which is a digital asset that lives on a decentralized public ledger, also known as the blockchain. Over a decade later, crypto has solidified itself as a legitimate asset class and a major player in the financial space…

In this episode, our guests, Marguerite Lorenz, Master Trustee, and Todd Stephenson, estate liquidator, will be discussing the difficulties that are encountered in dealing with personal property after someone has died. This episode is geared towards estate planners who are looking to create a well-rounded plan to avoid unnecessary family strife aft…

Trust and estate lawyers have a keen interest in state legislation. The California Lawyers Association gives them a voice in Sacramento. When conservatorships became a hot topic in the Legislature, the Trusts and Estates Section of CLA was there to provide real-world input from experienced practitioners. The Section regularly sponsors bills to adva…

Private letter rulings (PLRs) are one of many tools that tax and wealth planning professionals can employ to benefit their clients, but many professionals are unaware of the benefits of PLRs or don’t know how to obtain PLRs. Our guest, S. Eva Wolf, will provide us with guidance on the PLR process as it relates to common estate, gift and generation-…

Join us for a conversation with neuropsychologist Jonathan Canick about the interplay between aging and an elder client’s capacity to execute estate planning documents. Aging itself has no direct effect on mental capacity, but ageist stereotypes and implicit biases abound. Indeed, many physicians mistakenly assume that advancing age results in cogn…

What is a conservatorship? Over the past few years, “conservatorship” has become a popular buzz word and the topic of many discussions in the media. With this new-found attention on conservatorships, California lawmakers have been busy, passing multiple bills and changing the landscape of how conservatorships are established, managed, and supervise…

In this episode, our guest Josie M. Porras Corporon, CELA, will be diving into the misunderstood world of elder law. This episode is geared towards practitioners who don’t know what an elder law attorney does and when they need to refer their clients to an elder law attorney; as well as to the general public as a guide for where to start when they …

Probate matters and general civil matters can sometimes be seen as operating in two separate worlds. However, in practice, these worlds often interact with one another. In this episode, we are covering probate and civil crossover issues. We discuss a lot of the basic concepts and considerations given when choosing to file either a probate or civil …

Amending revocable trusts is such a common occurrence for estate planners that the procedure for doing so may be given little thought. Most trust instruments include provisions establishing the procedures for amendment, but what if those procedures are not followed? Should the amendment be held invalid? Two appellate court decisions, King v Lynch a…

Surveys reveal an equity gap in estate planning. Although everyone should have an estate plan, Americans in communities of color are less likely to have plans in place. Without powers of attorney and health care directives, families may find it hard to manage the affairs of their incapacitated elders. And when elders die without a trust or will, it…

There’s a lot of talk about student loan debt and the rising cost of college education. One tax effective solution for clients who want to help their children or grandchildren with this rising cost is a 529 plan. In this episode, our guest David Oh will review the basic rules of 529 plans and discuss what clients should consider when setting up suc…

Many elders who need support with their activities of daily living want to remain in their homes as long as possible. How can caregivers be hired and paid in compliance with the law? What do California trust and estate lawyers need to know to advise their clients? Our guest Bob King provides an overview of the tricky employment and tax laws that ap…

In this episode, our guest Michael DiBernardo will be diving into the exciting world of fiduciary income taxation. This episode is geared towards practitioners who don’t deal with trust income tax rules on a daily basis. We will discuss a basic and practical overview of fiduciary income tax as it relates to estate planning and trust administration.…

This Episode of “Trust Me” is Part 2 of a multi-episode series, which features an interview with Ryan Szczepanik and Ciarán O’Sullivan, the co-authors of the article: “When They Don’t Clap for Anti-SLAPP.” The article appeared in the California Trusts and Estates Quarterly, Volume 28, Issue 1, published in 2022 by the Executive Committee of the Tru…

This Episode of “Trust Me” is Part 1 of a multi-episode series, which features an interview with Ryan Szczepanik and Ciarán O’Sullivan, the co-authors of the article: “When They Don’t Clap for Anti-SLAPP.” The article appeared in the California Trusts and Estates Quarterly, Volume 28, Issue 1, published in 2022 by the Executive Committee of the Tru…

This Episode of “Trust Me” features an interview with Josh Yager, co-author of the article “How Much is Too Much? Trustee Compensation and an Analysis of California Rules of Court, Rule 7.776.” The article appeared in the California Trusts and Estates Quarterly, Volume 27 issue 1, published by TEXCOM in 2021. Our conversation takes us on a deep div…

Vulnerable elders too often fall victim to predators who marry them for financial gain. But how should we balance the fundamental right to marry and enjoy companionship with protecting elders from financial abuse? Our guest Ellen McKissock shares her perspective on predatory marriage, including the case that got her thinking about this subject and …

Our guests for this episode are two former IRS Estate and Gift Tax Attorneys, Eva Wolf and Michael Perlmutter. Eva and Michael will discuss the general audit process for Estate and Gift Tax returns. They will also cover common mistakes made based on their extensive experience in auditing hundreds of these returns. About Our Guests: Eva Wolf is curr…

Our guest for this episode, Terrence M. Franklin, shares an incredible story of a Last Will and Testament from 1846 that played a very important role in his family history. He hopes that telling this story can help bend the arc of history towards justice. About Our Guest: Terrence M. Franklin is a partner at Los Angeles based firm Sacks Glazier Fra…

In this month’s episode of Trust Me! we interview Chelsea Suttmann and Melissa Karlsten, authors of a recent article entitled “Advanced Planning—A Decade in Review: What Have We Learned Over the Last Decade and Where Are we Headed?” The article appeared in Volume 27, Issue 1 of the California Trusts and Estates Quarterly published by the Trusts and…

In writing or performing, it is important to know your audience. In probate litigation, your audience is often the judicial officer presiding over the case. In this podcast, we sit down with Judge David J. Cowan to get his view on some key topics in handling contested probate proceedings. First, we explore the subject of pleadings and crafting a pe…

The trustee is in the driver’s seat in how a trust is administered, deciding when and how assets will be allocated. Parents who create trusts to benefit their children often pick one or more of them to serve as trustee. The beneficiaries become unhappy with what the trustee is doing or failing to do. A lawyer hired by the beneficiaries may file a p…

Inheritance forgery can take many forms, including phony estate planning documents that redirect assets to a scammer and fake deeds that spring the family home from the decedent’s estate. Forgery used to be a crime that could result in the death penalty. But in the mid-twentieth century, concern about forgery waned. Based in part on the perception …

Our returning guests for this episode are Bryan Kirk of Fiduciary Trust International and Daniel Lorenzen of Fox Rothschild, LLP. We discuss issues that arise when trust companies administer trusts from a drafting attorney’s point of view and a trust company’s point of view. This is the second of a two-part series. In this episode, we review specif…

Our guests for this episode are Bryan Kirk of Fiduciary Trust International and Daniel Lorenzen of Fox Rothschild, LLP. We discuss issues that arise when trust companies administer trusts from a drafting attorney’s point of view and a trust company’s point of view. This is a two-part series. In the first episode, we discuss the need for a corporate…

Our guests for this episode are Scott Frasier and Matt Owens, authors of an article to be published in the Trusts and Estates Quarterly called “Let’s Get Digital! ESI in Trust and Estate Litigation.” We discuss the ethical duties of attorneys in regard to E-discovery, preservation letters to clients and opposing counsel aimed at avoiding spoliation…

Guests for this episode of “Trust Me!” are Tom Shaver and Neil Wertlieb. Tom served as Editor to the Fourth Edition of the Guide to The California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel. Tom discusses the process of reviewing and updating the fourth edition of the Guide. He also explains the effort to make this…

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 c…

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) 4…

“Trust Me!” is produced by the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (“TEXCOM”). The Podcast Committee is composed of Herb Stroh, Ciran O’Sullivan, Ryka Farotte, and Jeff Galvin. Suggestions for topics or other feedback can be sent to Herb at herbstroh@gmail.com . We value your input so please, …