Trust Me

Feb 24 2025 51 ep. 31 mins 20
Trust Me Podcast artwork

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

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Combining Trusts to Reduce Complexity and Costs Can Be Harder Than You Think

Feb 24 2025 34 mins  
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

Roadblocks on the Road to Probate Trials

Jan 27 2025 37 mins  
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

Lessons for Estate Planning Lawyers Regarding Third Party Malpractice Claims

Dec 23 2024 35 mins  
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

Land Back to Indigenous Tribes and Tribal Organizations

Dec 02 2024 40 mins  
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

All in the Family: What Estate Planners Should Know About Family Law Basics

Oct 29 2024 31 mins  
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 Sh

“Double Damages” and Other Enhanced Remedies Under Probate Code Section 859

Sep 30 2024 38 mins  
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 o

Haggerty vs. Thornton: Revocations and Modifications

Sep 05 2024 37 mins  
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

Gift Tax Consequences of Changing Irrevocable Trusts

Jul 30 2024 36 mins  
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: Jenn

Risk Mitigation Strategies for the Successor Trustee

Jun 24 2024 37 mins  
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 conside

From Death to Distribution – A General Overview of Federal Tax Requirements

May 28 2024 40 mins  
When a client passes away, one of the most important items on our to-do list is to file certain tax returns. In this episode of Trust Me!, we will be discussing an overview of things to consider during the period of post-death administration, mainly focusing on filing the federal estate tax return (Form 706). About Our Guests: Lisa M. Piehl is the Program Manager for the Internal R