Trust Me

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 ...

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 n...

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 discu...

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 leg...

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 Sectio...

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-T...

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 a...

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 ...

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...

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 firs...

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 firs...

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 co...

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 Ass...

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 IR...

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 experienc...

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 threate...

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...

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 enou...

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 tra...