An essential aspect of estate planning is the Trustee, who will be tasked to carry out wishes. This is such an important role that potential Trustees are usually asked if they would be willing to take on the responsibility before being named in a Trust. Occasionally, however, Trustees are surprised to find that they have been named. Regardless of how
Latest from Trusts & Estates Law Blog
Governor Gavin Newsom Signs Sweeping Conservatorship Reform Bill
On September 30, 2021, Governor Gavin Newsom signed California AB 1194 amending numerous statutes pertaining to conservatorships. The following are highlights:
Internet Posting of Fees of Licensed Professional Fiduciary: On or before January 1, 2023, an individual licensed as a professional fiduciary (LPF) by the State of California, and who has an internet website, is required to post on their
Don’t Skimp on The Facts – Failure of Fiduciaries to Make Full Disclosure of Matters Set Forth in an Accounting May be Considered Fraud
In the recently published case of Hudson v. Foster, 2021 Cal.App. LEXIS 737, the Court of Appeal for the Second Appellate District, Division Five, determined that a former conservatee who discovered that certain transactions in his conservator’s previously approved accounting were falsely reported, was under no obligation to comb through records to verify the truth of the representations made by
Resources for National Make a Will Month (August)
August is national Make A Will Month, and a good time to make sure that your planning documents are in place. Just under half of U.S. adults say that they have created a will or plan for how they would like for their estate to be handled after their death. The Trusts and Estates attorneys at Weintraub Tobin have written
Bringing Down the Hammer – California Appellate Court Upholds $1,000 Per Day Sanction For Failure To Timely File Accounting
As trusts and estates litigation counsel, we often have matters where a fiduciary, either as a trustee, conservator, personal representative, or agent under a power of attorney, fails to provide financial information when properly requested, or to provide an accounting if one is required under law. The result is that the person seeking the accounting may be left with no
Is the Britney Spears Conservatorship “Toxic”?
Britney Spears says so. After thirteen years of conservatorship, on June 23, 2021, Britney appeared remotely at her conservatorship hearing and relayed her emotional plea to the judge to terminate her conservatorship without the need for any further evaluation.
The June 23, 2021, Hearing: ”I’m [Not] A Slave 4 U”
At the hearing on June 23, 2021, and after years
But I’m Too Young to Have a Will!
Planning for the end of one’s life, or potential incapacity, is probably something an individual in their 20’s, 30’s, or even 40’s does not want to contemplate. Even those in their later years might find it a difficult topic to discuss. However, there are several important reasons why one should strongly consider having a Will prepared, and perhaps other estate
Lest We Forget, Conservatees Have Personal Rights
Conservatorship proceedings are commenced for a variety of reasons, but the most common circumstance is when an elderly person requires assistance, either with their medical care, or their financial affairs, or both, and that individual does not have an alternative in place which would eliminate the need for a conservatorship.
The establishment of a conservatorship does not deprive a conservatee
Election Results – What Could They Mean to You? Tax Updates for a Biden Presidency
2020 has been a year to remember for so many reasons: a global pandemic, the race to a vaccine, and an election with record-breaking voter turnout.
President-elect Joe Biden and his running mate Vice President-elect Kamala Harris campaigned on a platform of detailed proposals, including changes to certain areas of tax law. Here are some reforms that we might see
The Split Roll Initiative on the November 2020 Ballot
In 1978 California voters approved Proposition 13, a landmark measure that set—and has kept—property taxes at a low rate. This November’s ballot includes a proposition known as the “split roll” initiative that would make significant changes to Proposition 13.
Currently, California treats commercial and residential properties almost identically when it comes to property taxes. A homeowner and a business owner