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 cognitive decline. At the same time, mental function deficits are often overlooked in clinical settings and may inhibit a person’s ability to make decisio...
Jan 30, 2023•31 min•Season 3Ep. 1
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 supervised in California Probate Courts. Although there is some criticism of the restrictive nature of conservatorships, these proceedings are designed to prot...
Dec 26, 2022•29 min•Season 2Ep. 12
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 want to plan for a long term disability in addition to their passing. We will discuss the basics of long term care planning and public benefits and pr...
Nov 28, 2022•38 min•Season 2Ep. 11
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 case and dealing with concurrent litigation. We also briefly address some new legislation as well as other practice tips that may prove helpful in tac...
Oct 31, 2022•31 min•Season 2Ep. 10
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 and Haggerty v. Thornton take up the question. The courts interpret Probate Code Sections 15402 and 15401(a)(2) differently, and as a result reach inco...
Sep 26, 2022•36 min•Season 2Ep. 9
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 may be difficult to keep the home and other assets in the family. Verleana Green-Telusca , a lawyer in Oakland, describes how she became an estate pl...
Aug 29, 2022•29 min•Season 2Ep. 8
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 such plans. He will also examine the tax and financial differences between 529 plans and other gifting options. David Oh (Trust Counsel and Managing Dire...
Jul 25, 2022•27 min•Season 2Ep. 7
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 apply to in home caregivers in California. A caregiver who works a long shift cannot be paid a straight hourly wage “off the books.” Under the Domestic ...
Jun 27, 2022•31 min•Season 2Ep. 6
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. About Our Guest: Mike DiBernardo is a Certified Public Accountant specializing in tax and accounting solutions for small businesses. As a Certified T...
May 23, 2022•27 min•Season 2Ep. 5
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 Trusts and Estates Section of the California Lawyers Association (“TEXCOM”). In our first episode with Ryan and Ciarán, we covered the general use of SLA...
Apr 25, 2022•38 min•Season 2Ep. 4
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 Trusts and Estates Section of the California Lawyers Association (“TEXCOM”). In our first episode with Ryan and Ciarán, we have a conversation about the ...
Mar 30, 2022•25 min•Season 2Ep. 3
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 dive of California Rules of Court Rule 7.776, breaking down each of the eight factors courts are to consider when determining a trustee’s fee. We also di...
Feb 28, 2022•34 min•Season 2Ep. 2
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 her journey towards legislative reform. Ellen was a lead proponent of California Assembly Bill 328 , which Governor Brown signed in 2019. AB 328 modif...
Jan 24, 2022•25 min•Season 2Ep. 1
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 currently a Senior Attorney in the Passthroughs & Special Industries division of the IRS Associate Office of Chief Counsel, where she advises IRS exam...
Dec 20, 2021•35 min•Season 1Ep. 12
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 Franklin & Lodise. He is a seasoned attorney with nearly three decades of experience handling trust and estates and probate litigation, disputes and ...
Nov 29, 2021•31 min•Season 1Ep. 11
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 Estates Section of the California Lawyers Association. We discuss changes and threatened changes in estate tax law from 2010 forward, from the fiscal...
Oct 25, 2021•35 min•Season 1Ep. 10
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 petition to tell a story. We next discuss bench trials and how Judge Cowan approaches them, including how he considers testimony on mental capacity and ...
Oct 04, 2021•36 min•Season 1Ep. 9
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 petition in the Superior Court asking the judge to remove the trustee. When is enough, enough? What factors will a California probate judge consider wh...
Aug 30, 2021•29 min•Season 1Ep. 8
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 that counterfeit estate plans are rare, several states relaxed the formalities traditionally associated with wills in an effort to avoid technical def...
Jul 26, 2021•31 min•Season 1Ep. 7
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 specific distribution provisions and issues that may arise through the lens of a corporate trustee. About Our Guests: Daniel Lorenzen is a partner in the Ca...
Jun 28, 2021•30 min•Season 1Ep. 6
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 trustee, certain discretionary language and how a corporate trustee may feel about holding certain types of assets. In the second episode, we review ...
May 23, 2021•31 min•Season 1Ep. 5
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 of evidence issues, and common sources of electronically stored information, or (ESI). We learn what “native format” and “meta data” are, and when yo...
Apr 27, 2021•34 min•Season 1Ep. 4
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 edition even more of a practice guide with expanded sample discussions and new chapters on litigation and technology. For more information about the...
Mar 22, 2021•28 min•Season 1Ep. 3
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....
Feb 22, 2021•32 min•Season 1Ep. 2
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 entit...
Jan 25, 2021•27 min•Season 1Ep. 1
“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, let us hear from you. Trust Me Theme "Hip Jazz" Music: www.bensound.com Trust Me is Produced by Foley Marra Studios Edited by Cat Hammons and Todd Gaj...
Jan 07, 2021•1 min
