Trust Me

Host: Ben Schwefel

Speaker: Anthony Lai

This episode explores how community property interests are identified, asserted, and litigated in post-death trust and estate administrations. We break down the legal framework, common pressure points, and practical strategies for navigating disputes when ownership and control are anything but clear.

Speaker Bio:

Anthony Lai is a Senior Associate at Feinberg Mindel Brandt & Klein LLP in Pasad...

What happens when beneficiaries disagree about the family home or other inherited real estate? In this episode, guest, James Ulwelling and host, Ben Schwefel, will discuss partition actions, co-ownership conflicts, lis pendens (notice of pendency of action), and practical strategies for resolving real property disputes that arise in trust and estate administrations.

About our guest:

James Ulwelling practices in the areas of real esta...

In this episode, guests Jonathan Blattmachr and Martin Shenkman share their thoughts on key OBBBA provisions and the Act’s impact on estate and tax planning with host Kristin Yokomoto. Planning considerations include use of non-grantor trusts for charitable planning, basis-focused income tax planning, and more. They will also discuss the benefits of reviewing existing SLATs and other irrevocable trusts, as well as the importance of...

Listen to host Kristin Yokomoto discuss various aspects of the CLA Trusts and Estates Section Executive Committee (TEXCOM) with guests Matthew McMurtrey and Ryka Farotte.  Learn about how TEXCOM monitors all California bills, some of which become law that impact our trusts and estates practice. We discuss Matt’s 11-year term on TEXCOM and Ryka’s 6-year term, their leadership roles, and some of the contributions they have made to th...

Listen to TEXCOM Members Kim McGhee, Ben Schwefel, Jadene Tamura, and Kristin Yokomoto discuss the benefits of becoming a Certified Legal Specialist and the five TEXCOM modules making up the Exam and You preparation course.  The speakers will cover examination tips and briefly describe the examination topics, including professional responsibility, estate, gift, and tax planning through the use of revocable and irrevocable trusts, t...

In this episode of Trust Me! we will be discussing King Lear, the Shakespearean tragedy, and the fallout from an estate plan gone wrong.

Our Guest

Ralph Hughes is a founding shareholder of Hughes & Pizzuto, A P.C. where he practices in the areas of Estate Planning, Trust Law, Probate Litigation, Trust Litigation, Will Contests, Mediation in related fields.  Ralph has been a Certified Specialist in Estate Planning, Trust and Proba...

Listen to two TEXCOM members in this podcast where Kim McGhee, a legal specialist in Estate Planning, Trust & Probate Law by the California State Bar, certified Elder Law attorney and VA accredited attorney, discusses key incapacity issues with respect to estate planning, as hosted by Kimberly Strand. While people are living longer than ever before, incapacity later in life is also growing more prevalent, and elder abuse is on ...

May is Mental Health Awareness Month. In this episode of Trust Me!, our guest Bill Sias, who works for the Office of County Counsel in Los Angeles, will discuss the basics of LPS Proceedings.  He will review how an LPS conservatorship begins and the general processes that follow.  He will also discuss how an LPS conservatorship is different from other types of conservatorships. 

About Our Guest:William (“Bill”...

Show Notes:

Licensed Professional Fiduciaries play a key role in the trusts and estates ecosystem in California. In this episode, we discuss the role that professional trustees play in trust administration, and the skills and experience they bring to bear in order to secure the legacies and wishes of the clients they serve.  

 About Our Guest:

 Marguerite Lorenz is a California Licensed Professional Fiduciary and a Master Certified In...

New laws were enacted in 2024 that affect California trust and estate practitioners. Join our two speakers, attorneys Jadene M. W. Tamura and Mara M. Mahana, on this episode as they describe the highlights of the new laws and how they affect trusts and estates practice, estate and trust litigation, incapacity proceedings, and more.

About Our Podcast Speakers:

Jadene M. W. Tamura is a Shareholder and Co-Chair of the Tru...

Complicated clients need complicated planning.  And as years go by, those complications may have led to the creation of multiple trusts for the next generation.  Children and grandchildren who benefit from those multiple trusts often come to their attorneys and ask, “What can we do to simplify?”  The top-of-mind answer for many planners is to find a way to combine these trusts.  In this episode of Trust Me!, our guests, Andrew Katz...

Show Notes:

Breslin and Smith and Farrant, oh my! The road to speedy probate trials has become more challenging over the last few years due to recent case law. Practitioners who intend to steer their trust and estate litigation matters to trial must be prepared for the roadblocks they will face along the way. In this episode, two trust-and-estate litigators identify such roadblocks, as well as effective strategies for getting throug...

The aftermath of trust litigation brought by beneficiaries against trustees is too often a lawyer malpractice claim against the drafting lawyer.  Listen to Sean McKissick and Kristin Yokomoto discuss the 1958 balancing test applied to lawyer malpractice cases and the messages from the courts in recent cases.

 About Our Guest:  Sean McKissick

Sean McKissick is a partner at Downey Brand LLP in Sacramento, California, where he specializ...

Land Back is an Indigenous-led movement focused on returning land to Indigenous Tribes in a way that strengthens Indigenous sovereignty and communities. This episode features a discussion about how Land Back comes up in the context of estate planning and introduces key concepts for estate planners, financial advisors, and tax advisors to assist clients in taking such
action.

About Our Guests:
Alma Soongi Beck is an...

Estate planners not only help clients plan for what happens at death. Nowadays, especially with the high divorce rates, trust and estate lawyers also need to be mindful of how certain planning will play out in the event of a divorce.  In this episode of Trust Me!, we discuss what estate planners should know about the basics of family law.

About Our Guest:

Vanessa Soto Nellis is a Shareholder and Chair of the Family Law Practice Group...

What enhanced remedies are parties entitled to recover under Probate Code section 859? Is it double damages, triple damages, or something else? There has been a district split, and now even a division split, on whether parties can receive “double damages” under Section 859. Recent case law sheds light on this issue, and the guests on this episode were counsel of record in two of those recent cases, enabling them to share key insigh...

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.

About Our Guests:
Jennifer Campbell is a partner at Carlin and Peebles LLP i...

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 their clients.  

 About Our Guest:
Jenny Hill Bratt is a partner in the San Diego (Del...

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 overview of primary things to consider to mitigate the risk of adverse action against a...