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32 episodes with trust law
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Guest BioNash is an independent researcher, teacher, and founder of CrowsFoot.info—a resource dedicated to helping individuals understand the principles of equity, jurisdiction, and private life. Drawing from deep historical context and modern application, Nash equips people with tools to lawfully navigate outside of state-controlled systems. Whether it's marriage, travel, taxation, or trust law, Nash brings clarity to the confusing overlap between public statutes and private rights. Episode SummaryMost people navigate life within the commercial system—paying taxes, signing contracts, applying for licenses—without realizing there's an older, lawful remedy available to them: equity. In this episode, Nash from CrowsFoot.info joins Peter King to demystify what equity jurisdiction really is—not as something in opposition to statutory law, but as a complementary remedy designed to protect the private rights of the individual.Together, they explore how trust law, biblical principles, and ancient equity offer a way to reclaim your position as a responsible, self-governing man or woman of honor. This is not about rejecting the system—it's about understanding it fully so you can navigate it with confidence and integrity.In This Episode, You'll Discover...What equity really means—and why it predates modern lawHow jurisdiction is established (and how to challenge it)The legal and spiritual cost of licenses and state permissionWhy the state becomes a third party in your marriage (and how to stop it)The difference between the “public” and “private” and how to live lawfully in the latterHow trust law, usufruct, and equitable maxims still affect your rights todayTools to begin separating yourself from commercial entanglements Connect with NashWebsite: Crowsfoot.info Call to ActionIf you've ever felt unequipped to operate lawfully and peacefully within the modern system, this episode will reframe everything. Equity isn't rebellion—it's restoration. Share this episode with someone curious about their rights, and visit Crow's Foot to begin the journey of standing in honor.
In this episode, Mario Nigro and special guest Tiara Letourneau of Rewrite Capital Advisors discuss employee ownership trusts (EOTs) – both their history in the U.S. and U.K. and the work that Tiara and others have put into a successful push for similar, but even more flexible and innovative, legislation in Canada. The new Canadian EOT model allows employees to become owners without financial contributions, with the trust buying the shares and employees benefiting from the profit and equity, while also affording exiting owners a significant capital gains exemption. While Canada's new EOT structure is a great exit option for a wide range of owners, Tiara is especially enthusiastic about its potential positive impact on small communities.
Duncan Mcleod of TechCentral explains the US federal judge ruling that Google had violated antitrust laws. Google has disputed the ruling. What now?See omnystudio.com/listener for privacy information.
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 Mar) office of Sheppard Mullin. Her practice is focused on US and international estate and income tax planning, trusts and estates administration, family and closely-held business planning and charitable planning and exempt organizations.Jenny is a fellow in the American College of Trust and Estate Counsel (ACTEC) and is certified as a specialist in estate planning, trust, and probate law by the State Bar of California Board of Legal Specialization. She served on the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM), and was involved in the passing of the California Uniform Trust Decanting Act effective January 1, 2019. She is ranked by Chambers in Private Wealth Law.Jenny can be reached at jbratt@sheppardmullin.com or on LinkedIn.About Our Host: Matt Owens is a partner in the San Diego (Del Mar) office of Sheppard Mullin. His practice is focused on trust, estate, and inheritance disputes.Matt is a certified specialist in estate planning, trust, and probate law by the State Bar of California Board of Legal Specialization. He is a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM), and served as Chair of the Executive Committee of the San Diego County Bar Association's Estate Planning, Trust, and Probate Law Section. He is ranked by Chambers in Private Wealth Disputes.Matt can be reached at mowens@sheppardmullin.com, on LinkedIn, or on X.Thank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek
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 trustee. About out Guests: Herbert A. Stroh, Esq. is a partner at McCormick and Barstow in San Luis Obispo, California, where he assists clients in trust and estate litigation, administration, planning, and conservatorships. He has also served as a mediator in trust and estate disputes. Josh Yager, Esq., CFP is the managing partner of Anodos Advisors, a fiduciary consulting firm in Santa Barbara, California, where he is a recognized content expert on the issues of fiduciary duties relating to the management and oversight of trust assets. About Our Host:Daniel C. Lorenzen is a partner in the Los Angeles office of Venable LLP, where he advises individuals, families, and closely held businesses that have contacts in California, the United States, and around the world. He advises clients on all of the traditional tools of wealth planning, with an eye for holistic planning to minimize federal, international, state, and local taxes.Thank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek
SummaryBrandon Joe Williams shares his journey of awakening, from red pill moments to creating his own nation. He discusses the challenges of accessing information, the impact of documentaries like Zeitgeist, and the need for a balanced approach to presenting information. He also talks about his experience with censorship and the creation of his own nation, the Amnesty Coalition. The conversation delves into the concept of operating outside the system, moving into the international spectrum, and the legal process of litigation. It also explores the lack of knowledge within financial institutions and the potential for individuals to defend themselves through litigation. The conversation delves into the complexities of litigation, emotional defenses, legal definitions, and the concept of freedom. It also explores the interplay of trust law, contract law, common law, and maritime law, as well as the propagation of misinformation and the pursuit of truth within the legal system.Chapters00:00 The Journey of Awakening: Red Pill Moments and Self-Discovery03:09 Navigating Information: The Impact of Documentaries and Access Challenges09:45 Censorship and Platform Restrictions: Impact on Dissemination of Information32:45 Operating Outside the System: Moving into the International Spectrum43:03 Defending Through Litigation: The Power of Legal Process57:24 Financial Institutions: Lack of Knowledge and Potential for Defense01:07:04 Navigating the Complexities of Litigation and Emotional Defenses01:13:23 The Interplay of Trust Law, Contract Law, Common Law, and Maritime Law01:27:23 The Propagation of Misinformation and the Pursuit of Truth in the Legal System01:36:22 Exploring the Concept of Freedom and the Trustee-Beneficiary Relationship01:41:18 Exploring the Principle of 'Innocent Until Proven Guilty'01:58:00 The Evolution of Money and Legal Systems02:15:45 The Influence of Maritime Law and Alternative Legal SystemsCONNECT WITH BRANDONhttps://www.theamnestycoalition.org/ONEstupidFuck.comWilliamsandwilliamslawfirm.com@one.stupid.fuck on IG
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 Revenue Service (IRS), Estate and Gift Tax Policy division. Lisa has been with the IRS Estate and Gift Tax division since 1994 in different roles, such as: Estate and Gift Tax Attorney, Supervisory Attorney, and Attorney Advisor. Lisa works out of the Woodland Hills, CA office. Robin L. Klomparens is a tax attorney and a Director at Fennemore Law. Renowned for her expertise in tax law, Robin excels in navigating complex tax code changes, providing her clients with up-to-date and effective legal counsel. She has contributed significantly to legal education as an adjunct professor at USF's LLM program, Golden Gate University's MS program, and currently at McGeorge School of Law. A prior member and current advisor to CLA's Tax Section Executive Committee and Estate and Gift Committee, and a member of ACTEC, she also contributes to various charitable boards. Her extensive lecturing and publications further establish her knowledge in tax law.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 StudiosEdited by Todd Gajdusek
Trust Law | The Legal Insider S03E06
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.comhttps://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.comThank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek
Hon. George F. Phelan of the Probate and Family Court breaks down trusts in this podcast, excerpted from MCLE's 10/11/23 live webcast: Inheritance, Trusts & Divorce. The full program is available as an on demand webcast or an MP3 here. Get 24/7 instant access to hundreds of related eLectures like this one—and more—with a subscription to the MCLE OnlinePass. Learn more at www.mcle.org/onlinepass and start your free trial today! Connect with us on socials!Instagram: mcle.newenglandX (Formerly Twitter): MCLENewEnglandLinkedIn: Massachusetts Continuing Legal Education, Inc. (MCLE│New England)Facebook: MCLE New EngalndThreads: mcle.newnengland
Andrew For America goes on a tirade about something Jimmy Dore recently said on his podcast. Jimmy made the ridiculous statement that, "capitalism has co-opted the government." Andrew disagrees completely, and he makes the case that that statement is completely incorrect. Andrew offers the contention that it is in fact "the government that has co-opted capitalism," and he offers many examples to help illustrate his point. Andrew also plays clips from Nobel Prize winning economist Milton Friedman to help cement his points. The song selection is the song, "The Breaks" by the band Chaser. Visit allegedlyrecords.com and check out all of the amazing punk rock artists! Visit soundcloud.com/andrewforamerica1984 to check out Andrew's music! Like and Follow The Politics & Punk Rock Podcast PLAYLIST on Spotify!!! Check it out here: https://open.spotify.com/playlist/1Y4rumioeqvHfaUgRnRxsy... politicsandpunkrockpodcast.com https://linktr.ee/andrewforamerica Watch and learn about these awesome offers for your survival needs from former Afghanistan war veteran, police officer, and citizen journalist, Mr. Teddy Daniels: Operation Blackout Survival Guide: https://internalblackout.com/?a=683&c=434&s1= Famine Fighter Survival Food Supply: https://foodforthesoul.co/?a=683&c=407&s1= Final Famine Survival Food Growing Book: https://finalfoodprepper.com/?a=683&c=433&s1= Devils Dollar Currency Survival Book: https://dbhtrkg.com/?a=683&c=468&s1= --- Send in a voice message: https://podcasters.spotify.com/pod/show/andrew-foramerica/message Support this podcast: https://podcasters.spotify.com/pod/show/andrew-foramerica/support
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.comDavid 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.comAbout 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 AssociationThank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek
Lisa M. Rico of Rico, Murphy, Diamond & Bean LLP in Natick breaks down property titles in trusts in this podcast, excerpted from MCLE's 10/16/23 live webcast: How to Put a Residential Property in Trust. The full program is available as an on demand webcast or an MP3 here. Get 24/7 instant access to hundreds of related eLectures like this one—and more—with a subscription to the MCLE OnlinePass. Learn more at www.mcle.org/onlinepass and start your free trial today! Connect with us on socials!Instagram: mcle.newenglandX (Formerly Twitter): MCLENewEnglandLinkedIn: Massachusetts Continuing Legal Education, Inc. (MCLE│New England)Facebook: MCLE New EngalndThreads: mcle.newnengland
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 AssociationThank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek
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.comAbout 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 StudiosEdited by Todd Gajdusek
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 StudiosEdited by Todd Gajdusek
Karen B. Johnson of Madge & Johnson in Westford breaks down petitions to terminate a trust in this podcast, excerpted from MCLE's 7/18/23 live webcast: How to Terminate a Trust. The full program is available as an on demand webcast or an MP3 here. Get 24/7 instant access to hundreds of related eLectures like this one—and more—with a subscription to the MCLE OnlinePass. Learn more at www.mcle.org/onlinepass and start your free trial today! Connect with us on socials!Instagram: mcle.newenglandX (Formerly Twitter): MCLENewEnglandLinkedIn: Massachusetts Continuing Legal Education, Inc. (MCLE│New England)Facebook: MCLE New EngalndThreads: mcle.newnengland
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 StudiosEdited by Todd Gajdusek
A trust is a mechanism that holds and protects specific property that is placed into it. A trust in Indiana is created when a person, called the “settlor, transfers property to another, called a trustee, in trust to be kept by the trustee for the benefit of the settlor's beneficiaries. Trusts allow for the private distribution of a person's assets or property. Indiana does not utilize the Uniform Probate Act, so that the process can be quite complicated. This video will answer some common questions regarding Trusts under Indiana Law. Read the full article here: www.oflaherty-law.com/learn-about-la…ana-trust-laws O'Flaherty Law now serves over 105 counties across Illinois, Iowa, and Indiana. If you have any questions regarding a case or would like to speak to one of our attorneys after watching a #LearnAboutLaw video, give us a call at (630) 324-6666 or send us an email at info@oflaherty-law.com to get in contact with someone from our team. Subscribe to our channel for daily videos dedicated to all things law and leave a comment with any questions about this topic. Find us online for more legal content and to stay connected with our team - Website: www.oflaherty-law.com/ - LinkedIn: www.linkedin.com/company/oflahertylaw - Instagram: www.instagram.com/oflahertylaw - Facebook: www.facebook.com/oflahertylawGroup/ **None of the content in this series is intended as paid legal advice.
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.comThank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek
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 StudiosEdited by Todd Gajdusek
Our guest, Tom Tyler, a psychologist, and professor at Yale Law School, highlights the paradox in the legal academy, where much of the law is dependent on beliefs about psychology, yet it is seldom based on actual psychological research. Tom mentions the significance of trust in the legal system and its central role in discussions within law schools and the field of law. They emphasize that trust is a crucial component of legitimacy and that the ability of the legal system to function effectively relies on the trust the public places in legal institutions. He explains that historically, the legal system relied on a sanction-based model, threatening punishment to ensure compliance. However, behavioral science research has shown that building trust between the public and legal authorities is a more effective approach to gaining compliance and cooperation. Trust allows for a more cooperative relationship between the population and law enforcement, leading to an increased willingness to cooperate, provide information, and engage with the community, which aids in crime control. The concept of procedural fairness plays a significant role in building trust in legal authorities. People want to be treated with dignity, respect, and have decisions and policies explained to them. Research suggests that procedural fairness is more important in determining trust in authorities than the actual outcomes of their decisions. Additionally, trust is not solely about neutrality and rule-based procedures, but also encompasses relational aspects, such as sincerity, benevolence, and taking into account the needs of the people being dealt with. Tom argues that trust in legal authorities leads to not only compliance but also contributes to building the viability and strength of communities. A trust-based system promotes engagement, social connections, and active participation in community governance and activities. This, in turn, can reduce the need for constant surveillance and policing, making the community more self-regulating and self-sustaining. He notes that implementing procedural justice in policing and courts has shown positive outcomes in various communities. Improving the internal climate of law enforcement, as well as how officers are treated by their superiors, can positively impact how they treat the public, ultimately leading to enhanced procedural fairness and trust in the community. Furthermore, Tom argues that procedural justice is a widely accepted and agreed-upon concept across different ethnic, cultural, and economic groups. It is seen as a universal feature that fosters trust in legal authorities. While primarily studied in advanced industrialized societies, the principles of procedural justice have been found to hold true in various contexts.
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.comAbout 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 StudiosEdited by Todd Gajdusek
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 StudiosEdited by Todd Gajdusek
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.comAbout 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 StudiosEdited by Todd Gajdusek
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 GuestJonathan 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-e657-4064-8198-26f28ad0bafaAbout Our HostKevin 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-jacksonThank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek
DeSantis launch was abysmal, DJT Truths on loyalty, trolling, South Dakota Pandora Papers and Trust Law, we want truth and fairness from the GOP, Communism/Globalism will fail, O'Keefe confronts Fetterman's assistant, DeSantis' Headlines fail, Dr David Martin at the International COVID summit “Covid-19 was an act of biological warfare perpetrated on the human race. It was a financial heist. Nature was hijacked. Science was hijacked.”, and more...
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.comAbout 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 StudiosEdited by Todd Gajdusek
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In this episode, Kevin Kaylakie speaks with Christopher Holtby, Co-Founder and Head of Learning & Business Development of Wealth Advisors Trust Company. Kevin and Christopher discuss: Removal and appointment of Trustees Trust Law and the Trust Task Force in South Dakota 4 Reasons to choose South Dakota Trust Jurisdiction How do Directed Trusts and Delegated … Continue reading Is Your Trustee Out of Touch? With Christopher Holtby (Ep. 33) →
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 StudiosEdited by Todd Gajdusek
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 StudiosEdited by Todd Gajdusek
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 StudiosEdited by Todd Gajdusek
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 GuestJoseph 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 HostKevin 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-jacksonTrust Me is produced by Foley Marra Studios Thank you for listening to Trust Me!
Shani Rea Collymore of Cody, Cody & McCarthy LLC in Quincy explains what to expect as a beneficiary of a trust in this podcast, excerpted from MCLE's 5/17/2022 live webcast: Understanding & Communicating Beneficiary Roles. The full program is available as an on demand webcast or an MP3 here. Get 24/7 instant access to hundreds of related eLectures like this one—and more—with a subscription to the MCLE OnlinePass. Learn more at www.mcle.org/onlinepass.
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 StudiosThank you for listening to Trust Me!
In this episode, J-Griff breaks down how the concept of "ownership" is actually a giant illusion, and how you can never actually own ANYTHING.The 1% take pride in never owning ANYTHING, so we may want to ask ourselves: WHY would they take this stance? What do they know that you may not...?
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 GuestsBen 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 HostRyka 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 byFoley Marra Studios (thefoleymarrastudios.com)Thank you for listening to Trust Me!
Amy Refeca is the Managing Partner at Atlanta Wills + Trust Law Group in Alpharetta, Georgia. Amy is admitted to practice law in Georgia and Florida. She is also accredited by the Department of Veteran's Affairs to assist veterans in obtaining entitled benefits. She has presented at continuing legal education events, volunteered with local bar associations to mentor high school students and is a member of several organizations encouraging and empowering women such as Georgia Association of Women Lawyers. Learn from her expertise and what trends are helping grow her firm on this episode of The Managing Partners Podcast! —- Array Digital provides bold marketing that helps managing partners grow their law firms. arraylaw.com Follow us on Instagram: @array.digital Follow us on Twitter: @thisisarray Call us for a FREE digital marketing review: 757-333-3021 SUBSCRIBE to The Managing Partners Podcast for conversations with the nation's top attorneys.
Kevin Daisey talks to Amy Refeca, the Managing Partner at Atlanta Wills + Trust Law Group in Alpharetta, Georgia. Amy is admitted to practice law in Georgia and Florida. She is also accredited by the Department of Veteran's Affairs to assist veterans in obtaining entitled benefits. She has presented at continuing legal education events, volunteered with local bar associations to mentor high school students and is a member of several organizations encouraging and empowering women such as Georgia Association of Women Lawyers. Learn from her expertise and what trends are helping grow her firm on this episode of The Managing Partners Podcast! —- Array Digital provides bold marketing that helps managing partners grow their law firms. arraylaw.com Follow us on Instagram: @array.digital Follow us on Twitter: @thisisarray Call us for a FREE digital marketing review: 757-333-3021 SUBSCRIBE to The Managing Partners Podcast for conversations with the nation's top attorneys.
Our estate planning attorneys discuss living trusts, revocable and irrevocable trusts, and any changes that have been made to Iowa living trust laws in 2022. After watching this video, you should have the knowledge to get started on creating a living trust for your property. Read the full article here: www.oflaherty-law.com/learn-about-law/more-changes-to-iowa-living-trusts O'Flaherty Law now serves over 105 counties across Illinois, Iowa, and Indiana. If you have any questions regarding a case or would like to speak to one of our attorneys after watching a #LearnAboutLaw video, give us a call at (630) 324-6666 or send us an email at info@oflaherty-law.com to get in contact with someone from our team. Subscribe to our channel for daily videos dedicated to all things law and leave a comment with any questions about this topic. Find us online for more legal content and to stay connected with our team - Website: https://www.oflaherty-law.com/ - LinkedIn: https://www.linkedin.com/company/oflahertylaw - Instagram: https://www.instagram.com/oflahertylaw - Facebook: https://www.facebook.com/oflahertylawGroup/ **None of the content in this series is intended as paid legal advice.
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 StudiosThank you for listening to Trust Me!
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 and other gifting options. David Oh (Trust Counsel and Managing Director for Fiduciary Trust International of California) is a senior trusts and estates advisor with broad experience in estate planning and trust administration. He advises clients on matters including tax planning, tax compliance, wealth transfer techniques, and charitable strategies. He earned a Master of Laws (LLM) in taxation at Boston University School of Law, Juris Doctor from University of the Pacific, and Bachelor of Arts in legal studies from University of California at Berkeley. He is a Certified Specialist in both Taxation Law as well as in Estate Planning, Trust and Probate Law by the State Bar of California. David sits on the boards of Continuing Education of the Bar and the Estate and Gift Tax committee of the California Lawyer's Association. David can be reached at: david.oh@ftci.com David also presented a webinar entitled 529 Plan Basics for Estate Planning, which can be found here: Education – California Lawyers Association (calawyers.org) 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. Trust Me is Produced by Foley Marra Studios.Thank you for listening to Trust Me!
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 be paid a straight hourly wage “off the books.” Under the Domestic Worker Bill of Rights, even when caregivers meet the definition of “personal attendant,” they are entitled to overtime if they work more than nine hours in a day or 40 hours per week.Bob explains how parenting his daughter led him into this practice area and why caregiving for elders often carries greater potential liability than caregiving for children. Indeed, elders who directly employ caregivers without following the rules may find themselves facing hefty wage and hour claims as well as federal and state tax liability. When the elder passes, the lingering liability can complicate the administration of the elder's estate and/or trust. About Our Guest:Attorney Bob King created and operates Legally Nanny®, an employment law firm located in Orange County that represents home care and nanny agencies as well as household employers. A graduate of University of Chicago Law School, Bob has served on the Boards of Directors of the Home Care Association of America and the International Nanny Association. He was also the General Counsel for the Association of Premier Nanny Agencies. 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 contested administrations of trusts and estates. 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.TRUST ME is produced by Foley Marra Studios.Thank you for listening to Trust Me!
In this episode Josh interviews Cory Doctorow, science fiction author, activist and journalist. Cory has written dozens of books including the bestselling Little Brother and the critically acclaimed How To Destroy Surveillance Capitalism. Josh and Cory have a wide-ranging conversation diving into everything from anti-trust law to secure hardware in computing to Cory's years-long activism fighting for transparency and accountability in tech. Cory also shares what it was like working at the Electronic Frontier Foundation during the thick of the battle to legalize encryption, a technology that many of us now take for granted.
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 first episode with Ryan and Ciarán, we covered the general use of SLAPP lawsuits and anti-SLAPP motions. In this episode, we discuss the application of anti-SLAPP motions in trust and estate disputes, policy considerations and potential legislation concerning anti-SLAPP motions in trust and estate cases, and practical tips for handling anti-SLAPP motions in the probate court. About our Guests:Ryan J. Szczepanik, J.D., is a California Certified Specialist in Estate Planning, Trust and Probate Law. He is a Member of TEXCOM.Ciarán O'Sullivan has litigated the entire range of trust and estate related disputes since 1998. He is a Member of TEXCOM, and is the current chairman of its Litigation sub-committee. He is a frequent writer and presenter on topics of interest to Trusts and Estates litigators, and has published articles in the Trusts and Estates Quarterly, the Daily Journal, and elsewhere on trial and appellate procedure. About our Host:Kevin Bryce Jackson represents fiduciaries and individuals throughout California in a wide range of trust and estate matters. He is the New Lawyers Section's liaison to TEXCOM.If you have questions, comments, and/or suggestions for future topics, please email Anna Soliman at asoliman@ftci.com Trust Me is Produced by Foley Marra Studios www.thefoleymarrastudios.comThank you for listening to Trust Me!
Florida's current property insurance industry is in crisis, and it's one that has been years in the making. Private insurers are exiting the State at alarming numbers and Citizens is once again becoming the only option for many community associations. Host Donna DiMaggio Berger and Andrea Northrup, Vice President and partner at Insurance Office of America, Florida's largest privately held insurance agency, discuss the current perils and pitfalls of real property insurance for condominiums and planned unit developments. Andrea is also a member of the Real Property Insurance Committee and the Condominium and Planned Unit Development Committee of the Real Property, Probate and Trust Law section of the Florida bar.Highlights include:Is Florida's legislature addressing the crisis?What factors should a board take into account when making a decision about property insurance?What options are left when an insurance carrier becomes insolvent?In terms of insurance, is Florida in a good position, with hurricane season right around the corner?How do supply chain issues and labor costs affect the appraisal requirements for necessary placements, such as windows?What insurance benefits are available when only part of a building is damaged?What updates or additions to the building are included in the appraisals? If the insurer is not notified, how does that play out when damage does occur?How do appraisals, maintenance records, mortgage value, and even minutes of board meetings factor into lending? What about the proximity to the ocean?Where do workers comp claims fit into a general liability policy? What's the difference between “suability” and “liability,” and who pays for the defense?What is additional insurance, and what value does it have?Helpful links:Becker Lawyers | Legal and Business StrategistsCALL | Powered by beckerlawyers.comFlorida Condo & HOA Law Blog | Powered by beckerlawyers.com Becker's Online Class Library Association Adjusting - Serving Community Associations throughout Florida
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 first episode with Ryan and Ciarán, we have a conversation about the general use of SLAPP lawsuits and anti-SLAPP motions. Later in the series, we discuss the application of anti-SLAPP motions in trust and estate disputes, policy considerations and potential legislation concerning anti-SLAPP motions in trust and estate cases, and practical tips for handling anti-SLAPP motions in the probate court. About our Guests:Ryan J. Szczepanik, J.D., is a California Certified Specialist in Estate Planning, Trust and Probate Law. He is a Member of TEXCOM.Ciarán O'Sullivan has litigated the entire range of trust and estate related disputes since 1998. He is a Member of TEXCOM, and is the current chairman of its Litigation sub-committee. He is a frequent writer and presenter on topics of interest to Trusts and Estates litigators, and has published articles in the Trusts and Estates Quarterly, the Daily Journal, and elsewhere on trial and appellate procedure. About our Host:Kevin Bryce Jackson represents fiduciaries and individuals throughout California in a wide range of trust and estate matters. He is the New Lawyers Section's liaison to TEXCOM.If you have questions, comments, and/or suggestions for future topics, please email Anna Soliman at asoliman@ftci.com Trust Me is Produced by Foley Marra Studios www.thefoleymarrastudios.comThank you for listening to Trust Me!
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 courts are to consider when determining a trustee's fee. We also discuss the importance of establishing a good governance policy at the outset of a trust administration, and what documentation is crucial in supporting a trustee fee request. About our Guest:Josh Yager is a recognized expert on the management and oversight of trust assets. He lectures and writes extensively on the policies, procedures and practices for the prudent administration of trusts. He has been invited to speak to various Bar associations, CPA chapters, estate planning councils, Professional Fiduciary Association forums and AICPA national events.Josh has testified on the subject of prudent trustee governance practices before the Texas Pension Review Board, the Alaska Retirement Management Board and has provided expert testimony within the California courts.About our Host:Host Herb Stroh is a member of McCormick Barstow LLP, practicing in the San Luis Obispo office. Mr. Stroh is a Certified Specialist in Estate Planning, Trust, and Probate by the State Bar of California Board of Legal Specialization, past Chair of TEXCOM, and represents the Committee on the CLA Board of Representatives. He has extensive experience in all aspects of trust, probate, conservatorship, and guardianship litigation. He also advises clients on estate planning, administration of trusts, probate estates, special needs trusts, and conservatorships.If you have questions, comments, and suggestions for future topics please email Herb at herb.stroh@McCormickBarstow.com Trust Me is Produced by Foley Marra Studioswww.thefoleymarrastudios.comThank you for listening to Trust Me!
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 Assembly Bill 328, which Governor Brown signed in 2019. AB 328 modified the Probate Code to make it more difficult for paid caregivers to take advantage of elders through marriage under suspicious circumstances.Ellen opens the conversation by reflecting on her years of service with TEXCOM, the Executive Committee of the Trusts and Estates Section of the California Lawyers Association. She encourages trusts and estates lawyers to apply to serve on TEXCOM. (Note: Applications are available on the CLA website and due by March 1.) About Our Guest:Ellen McKissock is a shareholder at the law firm of Hopkins & Carley based in San Jose. Ellen has been a litigator for almost forty years, with the second half of her career focused on trusts and estates litigation. She is the immediate past chair of TEXCOM and a Fellow of ACTEC, the American College of Trust and Estate Counsel. Ellen works on disputes in the areas of financial elder abuse, trust and will contests, complex accountings, and breaches of fiduciary duty. She is the author of several articles for Trusts and Estates Quarterly, including “Marrying Into Elder Abuse” and “A New Use for Confidential Marriage: Elder Abuse.”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. Many of his cases involve allegations of mental incapacity or undue influence. Jeff created and edited the blog Trust on Trial, which covers California trust and estate litigation. Like Ellen, Jeff is a member of TEXCOM. Thank you for listening to Trust Me!
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