Trusts & Estates Law Blog

Category Archives: Estate and Trust Planning

Subscribe to Estate and Trust Planning RSS Feed

Focus on Fiduciaries: What Fiduciaries Need to Know About the Attorney-Client Privilege

Posted in Estate and Trust Planning, Fiduciary
Businesswoman on phoneLast month, my Weintraub colleagues and I had the pleasure of speaking at the Professional Fiduciary Association of California annual conference on the topic of the attorney-client privilege and its application to clients serving in a fiduciary capacity (trustee, executor, conservator, agent, etc.). Most people have a cursory understanding of what the attorney-client privilege does –… Continue Reading

A Case Lesson in “What Not To Do” When Billing as a Conservator

Posted in Case Alerts, Estate and Trust Planning, Fiduciary
Based on recent appellate cases, one of which is discussed below, the court’s scrutiny of conservators’ conduct and, specifically, private fiduciaries, is seemingly on the rise. Private fiduciaries acting as conservators should always remain focused on performing and charging only for those services that are consistent with the best interests of their conservatees. California case… Continue Reading

And You Are? Long Lost Relatives Need to Prove Up Their Entitlement to Inherit

Posted in Case Alerts, Estate and Trust Planning
Under California law, the laws of intestacy control who inherits when a person dies without having prepared a valid will or trust. These rules can be complicated particularly as remote or even unknown blood relatives may have a claim to assets of the decedent’s estate. However, these long lost relatives often must prove up their… Continue Reading

Gary D. Rothstein to join Weintraub Tobin

Posted in Estate and Trust Planning, Probate and Elder Abuse Litigation, Trust
Weintraub Tobin is pleased to announce that Gary D. Rothstein has joined our San Francisco office as Of Counsel. Gary comes to us Weintraub from a national law and consulting firm. Gary has extensive experience with all aspects of trust administration, probate matters and estate planning. With offices in San Francisco, Beverly Hills, Newport Beach and Sacramento,… Continue Reading

Trusts & Estates Case Alert: Another California Appellate District Adopts Anderson v. Hunt Reasoning in Assessing Capacity to Execute a Trust Instrument

Posted in Estate and Trust Planning, Probate and Elder Abuse Litigation
The California Court of Appeal for the Sixth Appellate District issued a ruling Tuesday in Lintz v. Lintz, 2014 Cal. App. LEXIS 27 (6th Dist. January 14, 2014) adopting the reasoning of the Second Appellate District regarding the standard for legal capacity to execute a trust instrument (as announced by the Second Appellate District in… Continue Reading

Avoiding Acceleration: How to Put the Brakes on Due-on-Sale Clauses when Funding Your Revocable Living Trust with Encumbered Real Property

Posted in Estate and Trust Planning
When it comes to setting up a revocable trust, most people are primarily concerned with avoiding the time and expense associated with the probate process. To avoid probate, it is crucial that legal title to any real property is transferred to the trustee of the trust. In discussing the importance of funding the trust with… Continue Reading

Supreme Court Rules DOMA Section 3 Unconstitutional

Posted in Estate and Trust Planning
Today the United States Supreme Court ruled that Section 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional.  The case, United States v. Windsor, 570 U.S. ____ (2013), involved the portion of DOMA that stated that the federal government will only recognize marriages between opposite-sex spouses for purposes of federal law.  There are… Continue Reading

Marriage Equality Returns to California

Posted in Estate and Trust Planning
The United States Supreme Court issued its opinion in Hollingsworth v. Perry, 570 U.S. ___ (2013), this morning, regarding the validity of Proposition 8.  The outcome is that same-sex marriage is once again legal in California.  The Supreme Court did not rule on a specific right to same-sex marriage, but rather it stated that neither… Continue Reading

NEW U.S. SUPREME COURT CASE HIGHLIGHTS IMPORTANCE OF UPDATING BENEFICIARY DESIGNATIONS UPON DIVORCE

Posted in Estate and Trust Planning
Retirement plans and life insurance and annuities often constitute a large portion of a client’s estate.   At death, these plans are distributed by beneficiary designation, not by the client’s Will or trust. Many clients are aware that under California law (unless a Will specifically provides otherwise) bequests made to the former spouse in a Will… Continue Reading

Estate Planning 101: Getting Started

Posted in Estate and Trust Planning
Getting started with estate planning can seem like a daunting task. The various documents and the vocabulary can be confusing if you’ve never seen them before. Here’s a guide to the basics of a foundational estate plan: Trust: A trust is an agreement that makes it easier to manage assets during your lifetime and after… Continue Reading