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Conversations brought to you by the Trusts and Estates Section of the California Lawyers Association..

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United States

Description:

Conversations brought to you by the Trusts and Estates Section of the California Lawyers Association..

Language:

English


Episodes
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The Magic of the Trust and Estate Mediation Process

4/29/2024
In this episode of Trust Me!, Bette Epstein discusses the magic of the trust and estate mediation process to informally resolve disputes, which includes party engagement, active listening, patience and problem solving. About Our Guest: Bette Epstein is a mediator, arbitrator and referee with ADR Services, Inc. Ms. Epstein has been mediating trust and estate disputes since 2000. Following a remarkable career as a trust and estate litigator, she turned her focus to alternative dispute resolution 24 years ago and has been helping parties settle their disputes since. Ms. Epstein is located in Northern California and mediates disputes virtually throughout California. bepstein@adrservices.com https://betteepstein.com/ About Our Host: Kristin Yokomoto is a partner at Baker & Hostetler LLP in Costa Mesa, California and focuses on tax and estate planning for high-net-worth individuals, trust administration and probate. She is a Fellow of the American College of Trust and Estate Counsel and the American Bar Association. Ms. Yokomoto is a member of the Executive Committee of the California Lawyer Association’s Trusts and Estates Section. kyokomoto@bakerlaw.com Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:33:27

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Let’s Get Direct about CA Directed Trusts!

3/25/2024
California just passed a directed trust statute! In this episode of Trust Me!, Michael Rosen-Prinz and David Khanjyan will go over the basic structure of a directed trust, along with the specifics of California’s new directed trust statute. About Our Guests: Michael Rosen-Prinz is a partner at Loeb & Loeb LLP (Los Angeles office). Michael maintains a broad trusts and estate practice, including wealth transfer planning, planning for family governance and business succession, cryptocurrency and QSBS planning, and estate, gift and generation-skipping transfer tax matters. Michael also has deep experience forming and operating single family offices and private trust companies; advising on governance, succession, tax, regulatory and operational issues. In addition, Michael devotes a substantial portion of his practice to cross-border planning for domestic and international families. In this area, he advises clients on foreign trusts, pre-immigration planning and expatriation, as well as inbound and outbound investments and compliance matters related to structuring investment vehicles in the U.S. and internationally. Michael is also a member of TEXCOM. Michael can be reached at: mrosenprinz@loeb.com David Khanjyan is an associate at Loeb & Loeb LLP (Los Angeles office). He advises clients on the domestic and international aspects of income, estate and gift tax planning. He works with U.S. and non-U.S. individuals, families, trustees and businesses with multijurisdictional issues to structure tax-efficient plans. David is a member of the Pro Bono Committee and helps orchestrate various pro bono projects throughout the firm. He also is a member of the Armenian Professional Society and was a graduate editor of the Tax Law Review at NYU School of Law. David can be reached at: dkhanjyan@loeb.com About Our Host: Host Anna Soliman is Trust Counsel and Managing Director for Fiduciary Trust International of California out of the Los Angeles Office. Prior to joining Fiduciary Trust International, Anna was an estate tax attorney for the Internal Revenue Service and also worked in private practice, specializing in estate planning and trust administration for ultrahigh net worth individuals. She is also a TEXCOM member and is involved with the Fiduciary Income Tax Section of the American Bar Association Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:31:22

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Protect Your Law License – Ethical Considerations Every Trust and Estate Lawyer Must Know

2/26/2024
In this episode of Trust Me!, Kristin Yokomoto discusses ethical considerations in the estate planning world. She covers issues relating to engagement letters, conflicts, communication, capacity and more. About Our Guest: Kristin Yokomoto is a partner at Baker & Hostetler LLP in Costa Mesa, California and focuses on tax and estate planning for high-net-worth individuals, trust administration and probate. She is a Fellow of the American College of Trust and Estate Counsel and the American Bar Association. Kristin is a member of the Executive Committee of the California Lawyer Association’s Trusts and Estates Section and the Orange County Bar Association Professionalism and Ethics Committee. She is a Certified Specialist in Estate Planning, Trust and Probate Law with the California Bar Association of Legal Specialization. Kristin recently published an article on the Trusts and Estates Mediation and the Role of the Mediator for the Trust and Estates Quarterly and is earning an LL.M. in Dispute Resolution. About Our Host: Host Anna Soliman is Trust Counsel and Managing Director for Fiduciary Trust International of California out of the Los Angeles Office. Prior to joining Fiduciary Trust International, Anna was an estate tax attorney for the Internal Revenue Service and also worked in private practice, specializing in estate planning and trust administration for ultrahigh net worth individuals. She is also a TEXCOM member and is a Vice-Chair of the Fiduciary Income Tax Section of the American Bar Association Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:38:52

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Charitable Planning 101: ABCs of CRUTs, CRATs, and CLATs

1/29/2024
Clients have grown to be more charitably inclined and want to incorporate charitable giving as part of their estate plan. In this episode, we discuss the basics of charitable planning, as we review the ABCs of those great acronyms: the CRUTs, CRATs, and CLATs. About Our Guest: Amy Takeuchi Wanlass is a Senior Wealth Advisor for Northern Trust based in their Pasadena office. Amy has over a decade of experience in delivering estate planning and tax advice, as well as financial planning services. Amy works with individuals and their families on complex wealth transfer strategies, estate and income tax planning, and charitable planning goals. Prior to joining Northern Trust, Amy was with Wells Fargo Bank, N.A., as a Senior Wealth Planner. Amy was also previously a practicing trusts and estates attorney at nationally recognized law firms including Venable LLP and Mitchell Silberberg and Knupp LLP. Amy can be reached at: akt3@ntrs.com About Our Host: Host Anna Soliman is Trust Counsel and Managing Director for Fiduciary Trust International of California out of the Los Angeles Office. Prior to joining Fiduciary Trust International, Anna was an estate tax attorney for the Internal Revenue Service and also worked in private practice, specializing in estate planning and trust administration for ultrahigh net worth individuals. She is also a member of the Trust and Estates Section of the California Lawyers Association and is a Vice-Chair of the Fiduciary Income Tax Section of the American Bar Association. Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:25:25

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What to Count on in an Accounting

12/21/2023
What must be, and what should be included, by the trustee of a trust in an accounting? And, who is entitled to receive what kind of information? In this episode, our guest Denise Riley discusses the details of what is required in an accounting. About Our Guest: Denise Riley is the Senior Fiduciary Officer of the West Region in the San Francisco office of Northern Trust. In addition to being the fiduciary practice leader, she is responsible for the development and implementation of fiduciary strategies to serve the needs of Northern’ s private clients. Denise has broad estate planning and fiduciary experience. Prior to her career at Northern Trust, she practiced law, specializing in tax, estate and charitable planning, estate and trust administration, and tax controversy, most recently at Orrick, Herrington and Sutcliffe. She also headed the Northern California fiduciary practice at U.S. Trust and served as the Chief Fiduciary Officer at Morgan Stanley Trust Company. She is a member of the State Bar of California and American Bar Association, where she has been active in several estate planning and taxation committees. She is past president of the San Francisco Area Women Tax Lawyers, and has written and spoken on a variety of tax and estate planning topics About Our Host: Erika Gasaway is a shareholder at Hopkins & Carley, a premier trust and estate planning, administration, and litigation firm in downtown San Jose and Redwood Shores, California. Erika represents clients in trust and estate disputes such as trust contests, will disputes, and enforcing trusts at all stages from pre-litigation counseling and negotiations all the way through trial or settlement. She is a member of the Trust and Estates Section of the California Lawyers Association and several other associations for estate panning and professional fiduciaries. She can be reached at egasaway@hopkinscarley.com or via Linked In. Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:29:51

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The Rise of the Revocable Trust in California

11/27/2023
A revocable trust is an essential part of an estate plan in California. And when clients ask why they need a revocable trust, our answer is always: to avoid probate! We know that probate is time consuming and costly, but have you ever wondered how our system came to be? In this episode of Trust Me!, Anne Rudolph and Ralph Hughes discuss their recent article published in the Trusts & Estates Quarterly -- The Rise of Revocable Trusts in California. About Our Guests: Ralph E. Hughes is a founding Shareholder of Hughes and Pizzuto, APC focusing on Probate and Trust Administration, Probate and Trust Litigation, and related mediation. Ralph received his law degree from the University of California, Berkeley in 1976. Shortly thereafter, he moved to San Diego. Since that time, he has been involved in all aspects of probate, estate planning, trust and probate administration, and related litigation. He is a member of the American College of Trust and Estate Counsel (ACTEC), and is a Certified Specialist in Estate Planning, Trust & Probate Law. Ralph is affiliated with West Coast Resolution Center and conducts mediations through that organization. He has participated in well over 100 mediations. Anne M. Rudolph is a Shareholder of Hughes and Pizzuto, APC focusing in Probate and Trust Administration, Probate and Trust Litigation, and Appeals. Anne is the Chair of the Firm’s Appellate Section. Anne received her law degree from the University of Oklahoma College of Law where she graduated in the top 5% of her class. She has been a Certified Specialist in Estate Planning, Trust & Probate Law since 2013. Anne has earned an AV Preeminent rating from Martindale-Hubbell for legal experience and knowledge as well as ethical standards. She has also been named a Top Rated Estate and Trust Litigation Attorney by San Diego Super Lawyers® since 2018, an honor that is reserved for the top 5% of attorneys in California. She is a frequent speaker on legal ethics issues that arise in the fields of trusts, estate planning, and probate. About Our Host: Host Anna Soliman is Trust Counsel and Managing Director for Fiduciary Trust International of California out of the Los Angeles Office. Prior to joining Fiduciary Trust International, Anna was an estate tax attorney for the Internal Revenue Service and also worked in private practice, specializing in estate planning and trust administration for ultrahigh net worth individuals. She is also a TEXCOM member and is involved with the Fiduciary Income Tax Section of the American Bar Association. Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:34:23

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Corporate Transparency Act

10/30/2023
Join estate-planning attorney Elizabeth Bawden and trust-and-estate litigator Matt Owens for a discussion about the Corporate Transparency Act. About Our Guest: Elizabeth Bawden is a partner in Withers Bergman’s Los Angeles office. Elizabeth focuses her efforts on estate planning, planned giving, and tax-exempt organizations. Elizabeth represents clients in matters related to family wealth transfers for large estates, sophisticated estate and gift tax saving techniques, charitable planned giving, and complex probate and trust administrations, including matters involving digital assets and cryptocurrencies. She also regularly represents tax-exempt organizations in formation, organizational and operational issues. Her practice also includes advising socially minded entrepreneurs and business owners on their options for dedicating their companies to philanthropic causes. Elizabeth is certified by the California Board of Legal Specialization as a legal specialist in Estate Planning, Trust and Probate Law and a fellow in the American College of Trust and Estate Counsel (ACTEC). She received the 2019 Distinguished Service Award from the Los Angeles Council of Charitable Gift Planners, where she has served as president and has been a member for 15 years. Elizabeth has been recognized in the Chambers High Net Worth Guide in the area of Private Wealth Law – Southern California since 2021. Elizabeth can be reached at elizabeth.bawden@withersworldwide.com About Our Host: Matt Owens is a partner in Sheppard Mullin’s San Diego (Del Mar) office. Matt focuses his practice on trust, estate, and inheritance litigation. He has prosecuted and defended a wide range of matters in probate court, including trust contests, elder-abuse actions, accountings, contested conservatorships, and claims involving breach of fiduciary duty. His clients include high-net-worth individuals and families, corporate trustees, and licensed professional fiduciaries. Matt is certified by the California Board of Legal Specialization as a legal specialist in Estate Planning, Trust and Probate Law, he is a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM), and he was recognized in the Chambers High Net Worth Guide 2023 for Private Wealth Disputes – California. Matt can be reached at mowens@sheppardmullin.com Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:26:24

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Scamming Is the Name of the Game, A Discussion of Scams and Elder Abuse

10/5/2023
Join Deputy District Attorney Scott Pirrello and Estate Planning Attorney Melissa Raneri Karlsten for a conversation about elder abuse, including internet and technology scams that everyone, no matter their age, is being bombarded with on a daily basis. Scott and Melissa discuss shipping notifications, product subscriptions, and why you should not click on links, or pick up the phone if you do not recognize the caller. In addition to finding out the scammers' old and new tricks, you will also learn ways to protect yourself and others from being a victim of financial scams. And, Scott and Melissa discuss how trusts and estates attorneys can help to protect their clients from financial scams. About Our Guest: Guest Scott Pirrello is a Deputy District Attorney at San Diego's District Attorney's Office where he is the head of Elder Abuse Prosecutions and is a member of the San Diego Elder Justice Task Force. Scott is a frequent speaker on elder abuse crimes and how the community can help better protect victims. Scott's work on an instrumental case in San Diego revealed a nationwide elder fraud network and he continues to work to bring information about these scams to the public in an effort to protect others. About Our Host: Host Melissa Raneri Karlsten is a trusts and estates attorney at the law firm of Aaron, Riechert, Carpol & Riffle, APC in Redwood City, California. She is also a member of the Trusts and Estates Section Executive Committee of the California Lawyers Association. Links: 60 Minutes: Cyber Scammers Target Parents, Grandparents for Digital Theft: https://www.youtube.com/watch?v=U2r1MJk85Zo FBI Internet Crime Complaint Center (IC3): https://www.ic3.gov/ County of San Diego, HHSA, Don't Get Hooked: https://www.sdcda.org/content/helping/dont-get-hooked.pdf Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:34:46

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Decanting in CA – Need to Change an Irrevocable Trust? No Need to Wine

8/28/2023
Are irrevocable trusts truly irrevocable? One way to change the terms of an irrevocable trust is by decanting. In this episode, our guest Michael Rosen-Prinz will be discussing the particulars of California’s decanting statute. About Our Guest: Michael Rosen-Prinz is a partner at the Los Angeles office of Loeb & Loeb LLP. Michael maintains a broad trusts and estate practice, including wealth transfer planning, planning for family governance and business succession, cryptocurrency and QSBS planning, and estate, gift and generation-skipping transfer tax matters. Michael also has deep experience forming and operating single family offices and private trust companies; advising on governance, succession, tax, regulatory and operational issues. In addition, Michael devotes a substantial portion of his practice to cross-border planning for domestic and international families. In this area, he advises clients on foreign trusts, pre-immigration planning and expatriation, as well as inbound and outbound investments and compliance matters related to structuring investment vehicles in the U.S. and internationally. Michael is also a member of the Trust and Estates Section of the California Lawyers Association. Michael can be reached at: mrosenprinz@loeb.com About Our Host: Host Anna Soliman is Trust Counsel and Managing Director for Fiduciary Trust International of California out of the Los Angeles Office. Prior to joining Fiduciary Trust International, Anna was an estate tax attorney for the Internal Revenue Service and also worked in private practice, specializing in estate planning and trust administration for ultrahigh net worth individuals. She is also a member of the Trust and Estates Section of the California Lawyers Association and is involved with the Fiduciary Income Tax Section of the American Bar Association. Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:36:09

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Working with Clients Who May Have Cognitive Impairment

8/7/2023
Most attorneys are able to identify clients who clearly have mental capacity to make decisions and those who clearly lack such capacity. But what about the clients in the middle part of the spectrum? In this episode, geropsychologist Bonnie Olsen provides practical guidance on dealing with clients who may have mental function deficits. She explains how capacity is situational, what attorneys can do to optimize client decision-making ability, and how to get beyond the label of a diagnosis. Dr. Olsen’s article entitled “What Attorneys Need to Know About a Client’s Cognitive Capacity” will appear in Volume 29, Issue 2, of California Trusts and Estates Quarterly, which is available to all members of the Trusts and Estates Section of the California Lawyers Association. About the Guest: Dr. Bonnie Olsen is clinical psychologist who often works with elderly patients. She is a Professor of Clinical Family Medicine at the Keck School of Medicine at the University of Southern California. In 2020-2021, she led a project funded by the U.S. Department of Justice to develop and test an evidence-informed tool for judges to adjudicate guardianship/conservatorship petitions. In addition, she has a consulting practice in which she evaluates a person’s mental capacity to make estate planning changes, either before or after they are made. About the Host: When this episode was recorded (August 3, 2023), Jeffrey Galvin was an attorney with Downey Brand LLP in Sacramento, where he litigated trust and estate disputes involving mental capacity and undue influence issues, and was a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association. Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:30:47

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International Estate Planning and Taxation 101

6/26/2023
The world is getting smaller and smaller. As estate planners, we need to be aware of cross-border issues when it comes to estate planning and taxation. In this episode, our guest Chris Nason will be discussing a basic and practical overview of international estate planning and tax planning issues. About Our Guest: Chris Nason is a partner at McDermott, Will & Emery based in their San Francisco office. Chris focuses his practice on private client matters. He is the managing editor of International Estate Planning, a multi-volume guide to US estate and income taxation of foreign nationals published annually by LexisNexis/Matthew Bender Elite. Chris teaches classes on Trusts and Estate Planning at Stanford Law School. While in law school, Chris served as an editor for the Yale Journal of International Law and was a fellow at the China Law Center and was also a co-president of the Law and Africa Society. Prior to law school, he attended Peking University as a CSC Scholar, where he studied Chinese language and law. Chris can be reached at: Cnason@mwe.com About Our Host: Host Anna Soliman is Trust Counsel and Chief Fiduciary Officer for Fiduciary Trust International of California out of the Los Angeles Office. Prior to joining Fiduciary Trust International, Anna was an estate tax attorney for the Internal Revenue Service and also worked in private practice, specializing in estate planning and trust administration for ultrahigh net worth individuals. She is also a TEXCOM member and is a Vice-Chair of the Fiduciary Income Tax Section of the American Bar Association. Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:27:25

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e-State Planning for Bitcoin and Other Crypto Assets

5/29/2023
In January of 2009, the infamous and anonymous Satoshi Nakamoto launched the Bitcoin Network. Bitcoin is the first cryptocurrency, which is a digital asset that lives on a decentralized public ledger, also known as the blockchain. Over a decade later, crypto has solidified itself as a legitimate asset class and a major player in the financial space. There are now thousands of different crypto assets—like Ethereum, Litecoin, and even Dogecoin—many of which hold significant value. This has made proper estate planning for crypto even more critical. Some still might ask though: What is crypto? What is blockchain? How do crypto owners properly plan for their crypto if they lose capacity or die? Our Guest, Jonathan Mintz, Esq., answers these questions and helps us navigate the intersection of crypto and estate planning! About Our Guest Jonathan Mintz, Esq. is a Founding Partner of Evergreen Legacy Planning LLP, a national law firm based in Evergreen, Colorado with offices in Newport Beach, California. Jonathan helps entrepreneurs and crypto-affluent individuals implement complex legal structures that maximize wealth protection and minimize taxes. He is also a Founder of The Bespoke Group, a multifamily office that offers custom-tailored services to crypto-affluent individuals, including providing access to crypto custodians in Switzerland and Liechtenstein. Jonathan is a frequent national speaker, and he has authored and co-authored articles appearing in some of our industry’s most prestigious publications including the Estate Planning Journal, the AICPA’s Tax Adviser, and the Journal of Financial Service Professionals. Personally, Jonathan and his wife are both avid cyclists who enjoy combining world travel and cycling. They’ve ridden mountains throughout the United States, Canada, France, Italy, and Switzerland. You can contact Jonathan at the information in the following link: https://evergreenlegacyplanning.com/ You can find Jonathan’s most recent webinar with the California Lawyers Association on the intersection of estate planning and crypto assets at the following link: https://cla.inreachce.com/Details/Information/188f9fe0-e657-4064-8198-26f28ad0bafa About Our Host Kevin Bryce Jackson, Esq. is an attorney in the Private Client and Tax Division at Withers Bergman LLP. Kevin’s practice focuses on Trusts and Estates, with an emphasis on Trusts and Estates Litigation. Kevin is currently a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM). You can contact Kevin at the information in the following link: https://www.withersworldwide.com/en-gb/people/kevin-bryce-jackson Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:30:06

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Pits and Pearls of Personal Property Issues after Death

4/24/2023
In this episode, our guests, Marguerite Lorenz, Master Trustee, and Todd Stephenson, estate liquidator, will be discussing the difficulties that are encountered in dealing with personal property after someone has died. This episode is geared towards estate planners who are looking to create a well-rounded plan to avoid unnecessary family strife after a client’s passing, as well as to the general public to get ideas on how to keep children from fighting after their passing. We will share stories of good and bad plans as well as provide ideas on how best to create a plan to keep families out of court and in harmony. About Our Guests: Marguerite Lorenz, Master Trustee, Managing Partner at Lorenz Private Trustees, and author of Ethics for Trustees 2.0, available on Amazon. Marguerite is in her 20th year as a professional trustee, executor and agent. Marguerite can be reached at 877-630-8448, www.MyTrustee.net. Todd Stephenson, owner and founder of Estate Sale Warehouse. Estate Sale Warehouse has been providing personal estate liquidation solutions since 1994 in San Diego and surrounding areas. Todd can be reached at (760) 433-6549, estatesalewarehouse.com About Our Host: Host Kimberly R. McGhee is a Certified Specialist in Estate Planning, Trust & Probate Law by the State Bar of California Board of Legal Specialization, Certified Elder Law Attorney by the National Elder Law Foundation, and V.A. Certified Accredited Attorney. She is a Member of the California Lawyers Association, Trusts and Estates Executive Committee (TEXCOM), former President of the Southern California National Academy of Elder Law Attorneys, Member of the Board of Directors for Palomar Health Medical Group, Member of the Board of Directors for Southern Caregiver Resource Center, contributing author and editor for CEB (Continuing Education of the Bar’s) Trusts & Estates practice guide and Vice-Chair of the North County Bar Association California Conference of Delegates. She also serves as a Court Appointed Attorney and Guardian Ad Litem in the Superior Court of San Diego County, California. Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:30:20

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Legislative Advocacy by the Trusts and Estates Section

3/27/2023
Trust and estate lawyers have a keen interest in state legislation. The California Lawyers Association gives them a voice in Sacramento. When conservatorships became a hot topic in the Legislature, the Trusts and Estates Section of CLA was there to provide real-world input from experienced practitioners. The Section regularly sponsors bills to advance the fairness and efficiency of California law. Get the inside scoop from Saul Bercovitch, who leads CLA’s advocacy efforts, and Mary deLeo, Chair of the Section’s Executive Committee. They discuss recent legislative initiatives, peer into a crystal ball regarding the future of electronic wills in California, and explain how lawyers can participate in the Section’s advocacy. About Our Guests: Saul Bercovitch is the Associate Executive Director for Governmental Affairs of the California Lawyers Association. He joined CLA in 2018, shortly after it was established. Saul previously worked for the State Bar of California, as Legislative Counsel and as an attorney in the Office of General Counsel. He also practiced civil litigation for over a decade. He can be reached at saul.bercovitch@calawyers.org. Mary deLeo is a Shareholder at Weintraub Tobin in Sacramento. Her practice focuses on trust and estate litigation, trust and estate administration, conservatorships, fiduciary representation, special needs trust administration, and planning for incapacity. Mary is the current Chair of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (Texcom). She can be reached at mdeleo@weintraub.com. About Our Host: Jeffrey Galvin is a partner at Downey Brand LLP in Sacramento. He litigates trust and estate disputes across Northern California. Jeff created and edits the blog Trust on Trial, which covers California trust and estate litigation. He is also a member of Texcom. He may be reached at jgalvin@downeybrand.com. Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:30:29

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Nuts and Bolts of Private Letter Rulings

2/27/2023
Private letter rulings (PLRs) are one of many tools that tax and wealth planning professionals can employ to benefit their clients, but many professionals are unaware of the benefits of PLRs or don’t know how to obtain PLRs. Our guest, S. Eva Wolf, will provide us with guidance on the PLR process as it relates to common estate, gift and generation-skipping transfer tax issues. About Our Guest: S. Eva Wolf’s 15-year legal career has followed an atypical path; she has twice moved between private practice and government practice. Towards the beginning of her legal career, she worked as an Attorney (Estate Tax) in the IRS Estate & Gift Tax division, then returned to private practice where she advanced from associate to partner at Mitchell Silberberg & Knupp LLP, one of the oldest and most respected law firms in Los Angeles. Prior to joining the IRS Office of Associate Chief Counsel (PSI) as a Senior Attorney (Tax) in April 2020, Eva was a partner at Withers Bergman LLP, an award winning, global law firm. An Arizona native, Eva earned a B.A. in Sociology and a minor in Philosophy from Arizona State University and a J.D. from the University of Arizona. Eva also earned a Tax LL.M. from Loyola Law School, where she now teaches Estate & Gift Tax. Eva also presented a webinar for CLA on the subject of this podcast episode, which can be found here: Nuts & Bolts of Private Letter Rulings (inreachce.com) About Our Host: Host Anna Soliman is Trust Counsel and Managing Director for Fiduciary Trust International of California out of the Los Angeles Office. Prior to joining Fiduciary Trust International, Anna was an estate tax attorney for the Internal Revenue Service and also worked in private practice, specializing in estate planning and trust administration for ultrahigh net worth individuals. She is also a TEXCOM member and is involved with the Fiduciary Income Tax Section of the American Bar Association. Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:31:00

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Focus on Function, Not Age, When Working with Clients

1/30/2023
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 decisions. How then, if at all, should estate planners consider the age of their clients when undertaking estate planning? About Our Guest: Dr. Jonathan Canick has practiced neuropsychology for over 30 years. He is a member of the departments of psychiatry and neuroscience at California Pacific Medical Center and an associate clinical professor at the University of California, San Francisco. He evaluates, consults, and testifies on matters related to mental capacity, undue influence, and elder financial abuse. He also provides education and training to health care, legal, and financial professionals. Dr. Canick may be reached at jc@drcanick.com. About Our Host: Jeffrey Galvin is a partner at Downey Brand LLP based in Sacramento. He litigates trust and estate disputes around Northern California, representing trustees and beneficiaries. His cases often involve mental capacity and undue influence issues. Jeff created and edits the blog Trust on Trial, which covers California trust and estate litigation. He is a member the Executive Committee of the Trusts and Estates Section of the California Lawyers Association. Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:31:11

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What is a Conservatorship?—Navigating the California Conservatorship Process

12/26/2022
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 protect California residents who cannot properly manage their own affairs. Our guest, Joseph Gruber, Jr., Esq., answers our initial question—what is a conservatorship—and so much more. About Our Guest Joseph Gruber, Jr., Esq., is an attorney with Aaron, Riechert, Carpol, and Riffle, APC. The Board of Legal Specialization of the California State Bar Association has certified Mr. Gruber as a specialist in Estate Planning, Trust, and Probate Law. Mr. Gruber frequently handles conservatorship matters and is often appointed by the superior courts of San Mateo County and Santa Clara County to serve as independent counsel for various conservatees. Mr. Gruber is also the chair of the Estate Planning, Trust, and Probate Section of the San Mateo County Bar Association. You can contact Mr. Gruber at the information in the following link: https://www.arcr.com/attorneys-staff/joseph-e-gruber-jr/ You can find Mr. Gruber’s recent webinar on conservatorship basics at the following link: https://calawyers.org/event/webinar-the-nuts-and-bolts-of-conservatorship-law/ About Our Host Kevin Bryce Jackson, Esq. is an attorney in the Private Client and Tax Division at Withers Bergman LLP. Mr. Jackson’s practice focuses on Trusts and Estates, with an emphasis on Trust and Estate Litigation. Mr. Jackson is currently a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM). You can contact Mr. Jackson at the information in the following link: https://www.withersworldwide.com/en-gb/people/kevin-bryce-jackson Trust Me is produced by Foley Marra Studios Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:28:58

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Elder Law Attorney – What is it and why do I need one?

11/28/2022
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 provide examples of when and how to best plan for a crisis. About Our Guest: Josie M. Porras Corporon, CELA is a Certified Elder Law Attorney by the National Elder Law Foundation, Certified Specialist, Estate Planning, Trust & Probate Law by the State Bar of California Board of Legal Specialization, Certified Dementia Care Practitioner by the National Council of Certified Dementia Practitioners. As a Certified Elder Law Attorney, she is well-versed in creating a plan to protect families in the event of crisis as well as helping families deal with the crisis with or without planning. Josie received her BA/BSW in Social Work from California State University, Chico, and her JD from the University of Iowa College of Law. Josie was a medical social worker prior to becoming an attorney and has incorporated those skills into her law practice. She is the appointed attorney representative on the State’s Advisory Committee on Alzheimer’s Disease and Related Dementias; is a member of the National Academy of Elder Law Attorneys, Past President of the Northern California Chapter; and is appointed to the Executive Board for Legal Services of Northern California. Locally, she sits on the Advocacy Committee for the Chico Chapter of the Northern California and Northern Nevada Chapter of the Alzheimer’s Association and is a Board Member at the Peg Taylor Center. Josie can be reached at (530) 892-2421. About Our Host: Host Kimberly R. McGhee is a Certified Specialist in Estate Planning, Trust & Probate Law by the State Bar of California Board of Legal Specialization, Certified Elder Law Attorney by the National Elder Law Foundation, and V.A. Certified Accredited Attorney. She is a Member of the California Lawyers Association, Trusts and Estates Executive Committee (TEXCOM), former President of the Southern California National Academy of Elder Law Attorneys, Member of the Board of Directors for Palomar Health Medical Group, Member of the Board of Directors for Southern Caregiver Resource Center, contributing author and editor for CEB (Continuing Education of the Bar’s) Trusts & Estates practice guide and Vice-Chair of the North County Bar Association California Conference of Delegates. She also serves as a Court Appointed Attorney and Guardian Ad Litem in the Superior Court of San Diego County, California. Trust Me is Produced by Foley Marra Studios Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:38:16

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Choosing to File in Probate or Civil

10/31/2022
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 tackling these issues. About Our Guests Ben Futernick is a research attorney in the Civil Division of the Los Angeles Superior Court. Ben has experience working on both the civil side and probate side, including the assignment of relating cases to one another. He recently coauthored two MCLE articles for the Daily Journal entitled “Introduction to Powers and Duties of Guardians Ad Litem” and “Minor's Compromises and Possible Changes to Guardian Ad Litem Statutes.” David Gibson is a probate attorney for the Los Angeles Superior Court. David previously worked as a research attorney in the probate department handling law and motion matters and, in private practice, advised and represented clients in family law proceedings. Erin Norcia is a partner at Temmerman, Cilley & Kohlmann, LLP. Erin’s practice focuses on trust, probate, and conservatorship litigation. She is a member of the California Lawyer Association Trusts and Estates Section’s Executive Committee. Erin is also a fellow of the American College of Trust and Estate Counsel (ACTEC) and is an Adjunct Professor of the Wills & Trusts Course at Santa Clara University School of Law. About Our Host Ryka Farotte is a research attorney at the Los Angeles County Superior Court. He is currently a member of the Executive Committee of the California Lawyer Association’s Trusts and Estates Section. Produced by Foley Marra Studios (thefoleymarrastudios.com) Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:31:04

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Trust Amendments After the Conflicting Decisions of King v. Lynch and Haggerty v. Thornton

9/26/2022
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 inconsistent conclusions. At issue is under what circumstances the so called “statutory method” of revocation of 15401(a)(2) may apply to trust amendments. Guest Jennifer Campbell is Senior Counsel, Trusts and Estates at Loeb & Loeb, and has recently authored an article for the Trusts and Estates Quarterly (Volume 28, Issue 2, Spring 2022) entitled “Courts Do Not Agree on the History and Meaning of California Probate Code Section 15402”. For over 30 years, Ms. Campbell has concentrated her practice in the trusts and estates area, focusing on the administration of trusts and estates and estate planning. Ms. Campbell routinely advises and assists individuals and corporate fiduciaries with a myriad of matters including constructing estate plans, fiduciary legal risk management, trust funding, trust distributions, preparing estate and gift tax returns, and negotiating and drafting settlement agreements. Guest Howard Kipnis is of Counsel at the firm of Artiano Shinoff and has over 38 years of experience representing corporate fiduciaries, financial institutions, broker-dealers and brokerage companies, as well as small businesses and individuals, in dispute resolution and litigation arising from banking, brokerage and probate and trust services. For 22 years Mr. Kipnis has received Martindale-Hubbell’s highest peer-reviewed rating for professional excellence (“A-V Preeminent”). and professional achievement (“Distinguished”). In the last four years he has also been honored as one of San Diego Magazine’s “Top Lawyers” in both Banking and Probate and Trust Litigation, and selected by “San Diego Super Lawyers” in those fields as well. Mr. Kipnis now serves on the Trust and Estates Executive Committee of the California Lawyers Association (TEXCOM), where he currently chairs or vice chairs several of TEXCOM’s Subcommittees, including Litigation and Educating Seniors. Jennifer and Howard are presenters on a California Lawyers Association webinar entitled “Will King Still be King After Haggerty: Is the Procedure for Revocation of a Trust Available for Modification?” https://calawyers.org/event/webinar-will-king-still-be-king-after-haggerty-is-the-procedure-for-revocation-of-a-trust-available-for-modification/ Herb Stroh is of Counsel at McCormick Barstow LLP, based in the San Luis Obispo office. Herb is a past Chair of the Trusts and Estates Section of the California Lawyers Association (TEXCOM), and serves as TEXCOM’s representative on the CLA Board. Trust Me is produced by Foley Marra Studios Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Todd Gajdusek

Duration:00:35:35