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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…
 
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…
 
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