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Highlights from 2024: Solidarity and Resistance3CR would like to acknowledge the Kulin Nation – true owners, caretakers and custodians of the land from which we broadcast. 3CR pays respect to Elders, past and present of the Kulin Nation. We recognise their unceded sovereignty.//Professor Mazin Qumsiyeh//Professor Mazin Qumsiyeh speaks about ecocide, resistance and the links between Palestine and so-called Australia. Professor Qumsiyeh is a Palestinian environmental scientist and author who has written several books including Sharing the Land of Canaan and Popular Resistance in Palestine. He is also the founder of the Palestine Museum of Natural History(PMNH), as well as the Palestine Institute for Biodiversity and Sustainability (PIBS), founded in partnership with his wife Jessie Chang in 2014. This is a conversation from May 2024.//Michelle Fahy//We revisit the work of Independant journalist Michelle Fahy, who spoke to Thursday breakfast host Priya Kunjan about Australia's place in the global supply chain of Lockheed Martin's F-35 combat aircraft, which the Israeli military has been using to wreak widespread destruction across Gaza. Michelle has been investigating militarism and the arms trade since 2009, and recently reported that Lockheed Martin has deleted website details about its operations in Australia. You can read and support Michelle's work by subscribing to her substack, Undue Influence.//Teachers for Palestine: Bill Abrahams//We hear an interview from Thursday breakfast host inez winters and Bill Abrahams who discuses the resource Teaching for Palestine: Challenging Anzac Day and australia's historical and ongoing repression of Palestinians, how offical remembrance obscures the realities of war and promotes imperialism and militarisation, and the role of teachers and school staff in dismantling the myths set up by offical remembrance.//Prison to deportation pipeline: Sanmati Verma//Legal Director at Human Rights Law Centre Sanmati Verma who joined Priya earlier in 2024 to break down the violence of mandatory visa cancellation and the different experiences of non-citizens incarcerated in so-called Australia.Sanmati Verma and Dr Claire Loughnan from the University of Melbourne explored these issues in a recent report on the Prison to Deportation Pipeline, which found that there has been a tenfold increase in visa cancellations on 'character' grounds since 2014, leading to a significant rise in people held in immigration detention for this reason. You can read the report at Human Rights Law Centre's website.//Yoorrook: Professor Maggie Walter//Yoorrook for Justice is a truth telling commission that documents past and present injustices experienced by First Peoples in Victoria. The commission has seen thousands of people speak truth in court and on Country. The final interview features Palawa woman and Yoorrook Commissioner and Professor Maggie Walter. Maggie Walter has authored six books and over 100 journal articles in the fields of Indigenous sociology and Indigenous Data Sovereignty. Today, Maggie speaks to us about the importance of data sovereignty for First Nations justice and gives insight into Closing the Gap data released last week, along with updates on Yoorrook for Justice during the last week of submissions in 2024.//
In this episode of Absolute Trust Talk, managing attorney Kirsten Howe welcomes associate attorneys Jessica Colbert and Ariana Flynn to discuss common issues in trust and estate litigation. Drawing from her experience as a litigator, Ariana highlights three major themes that often arise in family disputes over estates: undue influence, lack of capacity, and complex family dynamics. These challenges can lead to costly and emotional battles over a loved one's assets, making it crucial for individuals to understand the potential pitfalls. Tune in to hear valuable insights on how to navigate these difficult topics and prepare for the future. Plus, stay tuned for our next episode, where we'll continue this crucial conversation! Time-stamped Show Notes: 0:00 Introduction 1:30 Ariana starts us off by sharing the most common family litigation issues. 2:45 In this segment, we discuss the most common issue: Undue Influence—what is it and how does it happen? 5:58 Not all influence is considered undue influence. If you're as curious as we were to discover where that line is, tune in here! 6:35 Another common issue we see is a lack of capacity. Press play here to find out how this can be a major issue in estate planning. 7:30 Anyone can file a lawsuit at any time. Keep an eye out for our next episode where we'll explore the details of such a scenario.
There is a new HBO Max 4-part documentary called Breath of Fire on the cult of Guru Jagat and Harijiwan Singh Khalsa, her controller. The doc is very well done and was based on a Vanity Fair article, “The Second Coming of Guru Jagat” by Hayley Phelan. “Breath of Fire: The Unbelievable Story of Guru Jagat, the Elizabeth Holmes of Yoga” is Hillary Busis' follow up article about the docuseries. Many celebrities have been associated with Bhajan's cult of kundalini.We interviewed a former insider who appeared in the series, Peter Blachly, who wrote the book The Inner Circle: My Seventeen Years in the Cult of the American Sikhs. It is another look into a fabulously wealthy cult founded by a total fraud. The cult continues and there are disciples the world over still recruiting and harming people. Of interested is if you have ever used Yogi Tea or heard of Akal Security which Homeland Security gave a fortune to this cult for “security.” There is great value in learning about other cult leaders and how they bewitch people to work without pay, get sexually violated and continue to believe. Until they wake up and leave. Learn more about your ad choices. Visit megaphone.fm/adchoices
Acknowledgement of Country// Headlines// Language warning!We listen to Krautungalung Elder Bunjileenee Robbie Thorpe's speech at last Sunday's Free Palestine Rally on the 27th of October. Uncle Robbie, introduced by Nour Salman, updated the crowd on his legal battles against those complicit in genocide, both in Palestine and here in Australia. Our thanks to 3CR volunteer Tom for recording!Uncle Robbie has two upcoming court hearings in the Federal and Melbourne Magistrate's Courts, where he's continuing to fight the illegal occupation of Aboriginal land here and israel's genocide of Palestinians. On Monday 11 November 2024, join Uncle Robbie at 9:30AM at the Federal Court, 305 William Street, Melbourne, where Attorney General Mark Dreyfus will be added as a respondant to the question: is the fire at Camp Sovereignty protected by Australia's Constitution? On Tuesday 10 December 2024, join Uncle Robbie at 9:30AM at Room 4 of the Melbourne Magistrate's Court, 233 William Street, Melbourne, to pursue the genocide prosecution of Mark Regev, former adviser to israeli Prime Minister Benjamin Netanyahu. Stay up to date with these cases by following @blackpeoplesunion and @campsovereignty on Instagram.// We replay Michelle Fahy's presentation at the Independent and Peaceful Australia Network (IPAN) 2024 Conference, which was held earlier this month in Perth. In this speech, Michelle talks about the importance of a strong and fearless National Anti Corruption Commission for a peaceful democracy. The theme of IPAN's 2024 conference was Sleepwalking into War?, and you can find out more and watch the keynotes here. You can read and support Michelle's excellent independent investigative reporting on links between the weapons industry and the Australian government by subscribing to her substack, Undue Influence.// Jacquie Kelly and Nicole McKay from the community environmental justice group Friends of Nyah Vinifera Park join us to discuss the legal challenge that they're mounting with support from Environmental Justice Australia against the Victorian Government's planned environmental engineering works on the Murray River floodplain in northwest Victoria. Justified under the Murray Darling Basin Plan, the Victorian Government is seeking to embark on a multi-million dollar project creating levee banks and installing large pumps, weirs and water regulators at several locations along the Murray River to divert water onto floodplains and provide a reduced amount of water for these floodplain ecosystems. You can find out more about the legal challenge here, and support Friends of Nyah Vinifera Park's campaign fundraising here.// Palestinian filmmaker Reema joins us to talk about an upcoming film fundraiser on Tuesday November 12th for RISE Refugees, Survivors and Ex-Detainees and Gaza Mutual Aid Solidarity. The event will showcase two documentaries made this year about Palestinian and Yemeni resistance: From Inside the Mind of Sinwar and We Shall Prevail, and starts at 6PM on the 12th at Kathleen Syme Library in Carlton. Stickers and zines will be available for free and t-shirts will be sold by donation. The venue is fully accessible and masks will be provided. Find out more here.// Songs// Find My Way Back - Samuel Gaskin and Kee'ahn// The Bridge - Yirrmal// Eternity - Mi-kaisha//
Deconstructing Cults and Undue Influence with Steven Hassan Steven Hassan, PhD, is a licensed mental health professional, a recognized expert on cults and undue influence, and possesses professional experience both in the US and abroad. Over the course of his 47-year career, Dr. Hassan has assisted numerous individuals and families in their recovery from undue … Continue reading "Deconstructing Cults and Undue Influence with Steven Hassan"
When Kamala Harris was Attorney General for California she supported legislation to protect elderly people from undue influence. In this installment of The Influence Continuum, I sat down with Lisa Nerenberg, MSW, MPH, who has dedicated her career to ensuring dignity and justice for this vulnerable and growing population. Lisa is the founding executive director of The California Elder Justice Coalition. She now serves as the organization's Director of Special Projects. She co-founded the San Francisco Consortium for Elder Abuse Prevention and the National Network for State Elder Justice Coalitions. Showcasing her passion and expertise, Lisa has authored two influential books: Elder Justice, Ageism, and Elder Abuse (2019) and Elder Abuse Prevention (2008). I believe that undue influence has reached a “tipping point” where most Americans agree that people can be harmed by psychological means. Join us for this fascinating discussion. https://drive.google.com/file/d/14-e5PZQ2T6tPU-KAIEOvFqaA_nEPrEfE/view?usp=drive_link Learn more about your ad choices. Visit megaphone.fm/adchoices
In this episode of Influence Continuum, I spoke with my good friend and long-time colleague Joseph Szimhart. He is a cult and intervention expert and has an over 25-year history of working as a case worker in mental health. Want to understand the history of cult belief systems, including QAnon? Ascended Masters? Angles? Channelers? Mystics? Did you know Michael Flynn did a “decree”, just like the ones Joe did when he was involved with Church Universal and Triumphant. Joe is my go-to-man for anything “new age” or “new thought.” He is a lay scholar and has read countless books and helps me on cases as a content expert! His current work also includes a YouTube channel focusing on “Cults and the Occulture” as its central theme. I believe you will be gald you have listened to this podcast. Learn more about Steven Hassan and Freedom of Mind Resource Center. Visit freedomofmind.com Learn more about your ad choices. Visit megaphone.fm/adchoices
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
Acknowledgement of Country//Headlines//Independent journalist Michelle Fahy joins us to unpack Australia's place in the global supply chain of Lockheed Martin's F-35 combat aircraft, which the Israeli military has been using to wreak widespread destruction across Gaza for at least the past 8 months. Michelle has been investigating militarism and the arms trade since 2009, and recently reported that Lockheed Martin has deleted website details about its operations in Australia. You can read and support Michelle's work by subscribing to her substack, Undue Influence.// Sunday the 16th of June marked the 36th free palestine rally in Naarm. The previous march, on Sunday the 9th, saw police deploy violent force using OC spray against more than 30 protesters, as well as attempting to ban the sound system truck in an effort to silence the Free Palestine movement. At Naarm's most recent rally on Sunday 16th, Victoria Police again attempted to deny access of the sound truck to its rightful location outside the Victorian State Library. Tasnim Sammak joined us to unpack the events of the past two rallies. Tasnim is a speaker, organiser and monash PHD candidate engaged in counter-storytelling as decolonial methodology, as well as a member of the Free Palestine rally organising team.// Architect Chris Barnett and George Avraam from the Melbourne School of Design at the University of Melbourne spoke with Vivien Langford on this week's Climate Action Show about possibilities for public housing retrofit sensitive to concerns about embodied carbon and sustainable design needs. We play a segment of their conversation which touches on some of the architectural thinking showcased during last month's Public Housing Towers Reimagined exhibition at the Australian Institute of Architects. Listen back to the full episode of this week's Climate Action Show by heading to 3cr.org.au/climateaction, and tune in live every Monday from 5-6PM.//Yousef Alreemawi, (veteran Palestinian activist, founder of Averroes Centre of Arab Culture, The Aspire Project, Palestine Remembered on 3CR, & musician with the Tarab Ensemble) speaking at the Public Forum "76 Years of Nakba & The False Idol of Zionism" hosted by Green Left & Socialist Alliance at the Resistance Centre in Melbourne CBD, held on Tuesday 28th May.//
Jonathon Sawyer is urgently speaking out against involvement of the New Apostolic Reformation (NAR) in education for a very clear reason. He stated, “More people need to know that those who are discriminated against [sometimes] become those who discriminate.” In psychology, we call this the victim, victimizer paradigm. It is the idea that without healthy self-reflection, people exteriorize or project their own inner “demons” onto others. This cycle of religiously motivated harm is a concern for both individuals and society: “One of the concerns that I have...is that we're seeing more and more taxpayer-supported religious schools in the United States, particularly at the K through 12 levels,” said Jonathon—“…[and] adolescents, young people, and children are especially susceptible to some of the most...harmful aspects of radical religion.” He is the author of the important journal article titled (Un)hidden from self: on LGBTQ students and the conspiratorial demonology of the New Apostolic Reformation. A really important conversation! Learn more about your ad choices. Visit megaphone.fm/adchoices
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Law professors discuss the evolving landscape of undue influence in estate law, analyzing economic dynamics, legislative changes, and empirical findings. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
In this episode, Scott Modell, Ph.D. and Staci Whitney, LMSW, are joined by retired Assistant District Attorney for the City and County of San Francisco, Candace J. Heisler, J.D. More recently Candace's work has been a consultant and trainer regarding elder abuse, domestic violence, and abuse in later life. She also worked with MCG to develop our suite of SAFE trainings for interviewing older adults who are alleged victims of crime and maltreatment. Drawing from her experience and expertise, Candace explains what Undue Influence is and how it may impact the people that we work with. Candace J. Heisler, J.D., served as an Assistant District Attorney for the City and County of San Francisco for over 25 years. During this time, she headed the Domestic Violence Unit, which handled both domestic violence and elder abuse cases, as well as the Charging, Misdemeanor, and Preliminary Hearing Units. She was an Adjunct Professor at Hastings College of the Law for more than 20 years. She now teaches a graduate course at Virginia Tech on ethics and aging. Ms. Heisler has written for and trained a variety of professionals about elder abuse, domestic violence, and the criminal justice system, including work sponsored by the American Bar Association, Futures Without Violence, the National Clearinghouse on Abuse in Later Life, the Office for Victims of Crime, the Office on Violence Against Women, and the Judicial Council of California. She frequently presents at the annual National Adult Protective Services Association and other state Adult Protective Services (APS) conferences on related topics. Ms. Heisler has authored several curricula on interviewing alleged perpetrators, addressing undue influence, and working with the criminal justice system for APS Professionals.
This is a free preview of a paid episode. To hear more, visit rethinkingwellness.substack.comIn this bonus episode, author Jessica Elefante returns to discuss how to use your powers of influence for good, the importance of setting limits and boundaries, how people with small businesses (including authors, journalists, and clinicians with private practices) can sell our products/services without using undue influence, and more.Jessica Elefante is a writer and bullshit artist who has spent the last few decades examining what it means to be human in our modern world.She is the author of Raising Hell, Living Well: Freedom from Influence in a World Where Everyone Wants Something from You (Ballantine, 2023) which she coined a How-Come (not a How-To). Jessica's writing works to open people's eyes on the topics of technology, capitalism, influence, and motherhood and has appeared in The Guardian, Literary Hub, Huffington Post, Bustle, Simplify Magazine, the Dispatch, Whalebone Magazine and more. As the founder of acclaimed Folk Rebellion and a critic of today's culture, Elefante's award-winning works shine a light on the untenability of our times and have been featured by Vogue, Inc., Los Angeles Times, The Observer, Writer's Digest, Vice, Paper Mag, Wired, and elsewhere. Her short documentary “What Day Is It?” was awarded semi-finalist of Flickers RIIFF and an Official Selection of Beverly Hills Film Festival and New York Shorts Film Festival, for its portrayal of a mother's perspective on the ever-shifting emotional and mental states of lockdown. In her previous life as a brand strategist, she was recognized on Brand Innovators “40 under 40” list for winning her clients industry recognition including Webby, Edison, and AdAge awards. Jess has proudly been a guest lecturer at Columbia Business School and New York University sharing her expertise in entrepreneurship and branding. She's influenced by the social, cultural, and technological circumstances of her life, but mostly, of her desire to lead a colorful one. Raised in upstate New York, she now lives in Brooklyn with her family. She is no longer bullshitting. Find her online at jessicaelefante.com.This episode is for paid subscribers. Listen to a free preview here, and sign up for a paid subscription to hear the full episode!Christy's second book, The Wellness Trap, is available wherever books are sold! Order it online or ask for it in your favorite local bookstore. If you're looking to make peace with food and break free from diet and wellness culture, come check out Christy's Intuitive Eating Fundamentals online course.
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
1. Mistake. Unilateral and Mutual Mistake. A mistake can significantly impact the validity of a contract. It refers to a belief that is not in accord with existing facts. Mistakes can be categorized into two types: Unilateral Mistake: This occurs when one party is mistaken about a material fact regarding the contract. Generally, a unilateral mistake does not render a contract voidable unless the other party knew or should have known of the mistake or if the mistake was due to a mathematical error made inadvertently and without gross negligence. Raffles v Wichelhaus (1864), known as the "Peerless" case, is a classic example of a mutual mistake where both parties had a different understanding of the contract's subject matter. Mutual Mistake. Mutual Mistake: This happens when both parties have a mistaken belief about a basic assumption on which the contract is based. If the mistake significantly impacts the agreed-upon exchange, the contract may be voidable by the adversely affected party. Sherwood v Walker (1887): In this case, a mutual mistake about the fertility of a cow led to the contract being voidable. 2. Misrepresentation and Nondisclosure. Misrepresentation occurs when a false statement of past or present fact is made, causing the other party to enter into the contract. Fraudulent Misrepresentation: This involves intentional deceit for personal gain. The elements include a false statement of material fact, knowledge or belief that the statement is false, an intention to induce the other party to act, justifiable reliance by the deceived party, and damages resulting from the deception. Negligent Misrepresentation: This occurs when the party making the statement should have known it was false. Innocent Misrepresentation: This involves a false statement made without knowledge of its falsity but with due care. It allows for rescission of the contract but not damages. Nondisclosure can sometimes equate to misrepresentation, especially in cases where disclosure is necessary to correct a previous assertion, where one party knows the other party is under a mistaken belief, or in a relationship of trust and confidence. 3. Duress and Undue Influence. Duress involves coercion by physical or economic threat, rendering the agreement voidable. Elements of Duress: The elements include a threat to harm or exert improper pressure, a lack of reasonable alternative for the threatened party, and the threat actually induces the contract. Remedies: The primary remedy for duress is rescission of the contract. Undue Influence occurs when one party takes advantage of a position of power over another person, unduly persuading them to enter into a contract. Elements of Undue Influence: This includes a relationship between the parties either of trust or where one party is dominant, and the dominant party uses this position to unfairly persuade the other party. Remedies: Like duress, the main remedy is rescission. 4. Unconscionability. A contract is unconscionable when it is so one-sided that it is oppressive or unfairly prejudicial to one party. Procedural Unconscionability: This involves unfairness in the bargaining process, such as a lack of negotiation opportunity, hidden terms, or a significant imbalance in the parties' bargaining power. Substantive Unconscionability: This refers to the terms of the contract itself being excessively unfair or one-sided. Williams v Walker-Thomas Furniture Co. (1965): This case illustrates substantive unconscionability, where a contract included a highly unfavorable term that was enforced in a manner that was considered unconscionable. In contracts law, defenses play a critical role in ensuring that agreements are entered into freely and fairly. Understanding these defenses, their elements, and their remedies is crucial for any aspiring attorney. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support
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
Thank you so much for listening to the Bob Harden Show, celebrating over 12 years broadcasting on the internet! On Tuesday's show, we visit with State Senate President Kathleen Passidomo about the Christian Ziegler affair, a distraction to the Florida Republican Party. President of Less Government Seton Motley and I the arts and free markets. Linda Harden and I discuss Tucker Carlson's presentation at AmericaFest in Phoenix, and we discuss the undue influence of Congress by special interests. Boo Mortenson and I discuss the lack of military power in NATO and Europe. Please join us tomorrow when we visit with Chairman Emeritus of the Cato Institute Bob Levy and Professor Andrew Joppa. Please access this or past shows at your convenience on my web site, social media platforms or podcast platforms.
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
Chapter 5: Mutual Assent and Defenses to Contract Formation. Meeting of the Minds. The principle of mutual assent is at the core of contract formation, emphasizing that both parties must have a clear understanding and agreement on the terms of the contract. Law students should explore the concept of a "meeting of the minds": a) Objective Theory of Contracts: Courts use an objective standard to determine whether a meeting of the minds has occurred, focusing on the parties' outward expressions and actions rather than their subjective intentions. b) Offer and Acceptance: Mutual assent requires the offer and acceptance to correspond in terms and be communicated effectively. c) Silence as Acceptance: Generally, silence does not constitute acceptance, but there are exceptions based on prior dealings or industry practices. Mistake, Misrepresentation, and Fraud. Law students should delve into situations where mutual assent might be lacking due to mistake, misrepresentation, or fraud: a) Mutual Mistake: When both parties are mistaken about a material fact, the contract may be voidable if the mistake goes to the core of the agreement. b) Unilateral Mistake: If only one party is mistaken, the contract is typically enforceable unless the other party knew or should have known about the mistake. c) Misrepresentation: A false statement of material fact can lead to a contract being voidable by the innocent party. d) Fraud: Intentional misrepresentation of material fact with the intent to deceive can render a contract voidable by the innocent party. Duress and Undue Influence. Understanding the defenses of duress and undue influence is crucial for law students to recognize situations where a party's free will might be compromised: a) Duress: Contracts entered into under duress (coercion or threat) are voidable by the coerced party. b) Undue Influence: Contracts resulting from undue influence, where one party takes unfair advantage of the other's vulnerability, may be voidable by the influenced party. Landmark Case: Williams v. Walker-Thomas Furniture Co. (1965) The case of Williams v. Walker-Thomas Furniture Co. highlights the importance of mutual assent and the defense of unconscionability. In this case, the court held that a contract was unenforceable due to unconscionability, as one party took advantage of the other's lack of bargaining power and understanding of the contract terms. Conclusion. Understanding mutual assent and the defenses to contract formation is vital for law students to navigate the complexities of contract law. By recognizing situations where parties might lack a true meeting of the minds, where misrepresentation or fraud might occur, and where defenses like duress and undue influence may apply, students can better analyze and evaluate the validity of contracts and related disputes. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support
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
Mark Laxer - Rama Trauma TrumpMark Laxer has been on a journey. A man who was sucked into the seductive world of a cult, eventually leaving it and finding, in time, the thinking of the cult had become one of the pillars of opinion in mainstream society.He tells Ed Opperman about what he learned from the cult, what he had noticed since he left, and how society is the poorer for the lack of compassion and critical thinking.Rama Trauma Trump is the true story of a seventeen-year-old who joins a spiritual group that starts out cool but gradually, over years, turns abusive. The young man leaves the group, tries to come to terms with the past, and years later is surprised to find that the larger culture looks an awful lot like the cult he had left. Ultimately, Rama Trauma Trump is the story of friendship and loyalty which transcends the mind-bending power of charismatic leaders.Rama Trauma Trump is a collaboration between two Vermonters, artist Marcie Vallette and Mark Laxer. They are sharing Rama Trauma Trump as a free digital download because they believe bad things happen when good people do nothing. They feel the nation is in danger. “Please download and share the book,” they ask. “And above all, please vote.”Review from website“Rama Trauma Trump is a remarkable and unique view of the inner world of an authoritarian group that reflects upon the similarities between a narcissistic pseudo-religious leader and President Trump. The information is vital, the wit is sharp and the illustrations are simply brilliant. I'm far too busy to read anything, but I picked it up immediately and couldn't put it down. Brilliant, beautiful and unique.” –Jon Atack, author of Let's Sell These People a Piece of Blue Sky: Hubbard, Dianetics and Scientology and Opening Minds: The Secret World of Manipulation, Undue Influence and Brainwashing.Books (FREE) : Rama Trauma Trump Movie : Mark Laxer Website : Mark Laxer Twitter : Mark Laxer Instagram : Mark Laxer Facebook : Mark LaxerThis show is part of the Spreaker Prime Network, if you are interested in advertising on this podcast, contact us at https://www.spreaker.com/show/1198501/advertisement
Nearly 40% of the money raised by the WHO Foundation in its first two years came from anonymous sources, worrying some that donors may be trying to influence the World Health Organization and its role in shaping global health policy with their gifts. The foundation, launched in 2020 to help raise private sector funds for the WHO, said it received $66 million in direct gifts through 2022, with $26 million coming from donors who chose not to be publicly named. Anil Soni, WHO Foundation CEO, told The Associated Press the foundation's board, which includes a representative from the WHO, knows the donors' identities and that the foundation will not accept a gift if there is a conflict of interest. “They want to be anonymous because they're otherwise solicited or even targeted because they're seen to be a source of wealth,” Soni said in an interview. “And I respect that.” Some global health practitioners worry anonymous donations make it harder to spot potential conflicts of interest. They say companies may donate to the foundation to influence the WHO's global health policies and reports that often have wide-ranging ramifications. For example, food and beverage companies took note when two branches of the WHO found that the sweetener aspartame — used in diet soda and countless foods — may be a “possible” cause of cancer. “For the integrity of the WHO, I think it's really important that there's some greater transparency around this,” said Sophie Harman, professor of international politics at Queen Mary University of London, of the anonymous donations, which include a single anonymous gift of $20 million to the foundation's operating expenses. Private and philanthropic funding has long supported other large global health organizations like Gavi, the Vaccine Alliance, and the Global Fund to Fight AIDS, Tuberculosis and Malaria, but Harman said the WHO has stood out as the publicly funded body that also sets standards across all areas of health. The bulk of the WHO's funding comes from governments. But in 2020, with the onslaught of the pandemic and then-President Donald Trump's move to withdraw from the WHO, many hoped the WHO Foundation might generate new financing from wealthy individuals, the private sector and public fundraising campaigns. This article was provided by The Associated Press.
So let's check in. How are you doing? Are you buckled up? Do you have your note taking materials? We are deep into cult discussion and we need to make sure you are keeping up. This week, we talk undue influence; influence by which a person is induced to act otherwise than by their own free will or without adequate attention to the consequences. David Bednar- Mormon Moral Agency. https://www.youtube.com/watch?v=mmErOV9oQZ8 Book of Mormon: 1 Nephi 4:13; 2 Nephi 2:27 New Testament: Matthew 5:29 Steven Hassan: The BITE model. https://freedomofmind.com/cult-mind-control/bite-model/ Recovering Agency by Luna Lindsey Corbden. https://www.amazon.com/Recovering-Agency-Luna-Lindsey-audiobook/dp/B01M9JSIRU/ref=sr_1_1?crid=3TF4WZFLCD00I&keywords=recovering+agency&qid=1685207345&sprefix=recovering+acency%2Caps%2C103&sr=8-1 Combating cult mind control by Steven Hassan https://www.amazon.com/Combating-Cult-Mind-Control-audiobook/dp/B07GZQMCT8/ref=sr_1_1?crid=CCL01LULLENA&keywords=combating+cult+mind+control+steven+hassan&qid=1685210084&sprefix=combating+cu%2Caps%2C116&sr=8-1
Mark Laxer - Rama Trauma TrumpMark Laxer has been on a journey. A man who was sucked into the seductive world of a cult, eventually leaving it and finding, in time, the thinking of the cult had become one of the pillars of opinion in mainstream society.He tells Ed Opperman about what he learned from the cult, what he had noticed since he left, and how society is the poorer for the lack of compassion and critical thinking.Rama Trauma Trump is the true story of a seventeen-year-old who joins a spiritual group that starts out cool but gradually, over years, turns abusive. The young man leaves the group, tries to come to terms with the past, and years later is surprised to find that the larger culture looks an awful lot like the cult he had left. Ultimately, Rama Trauma Trump is the story of friendship and loyalty which transcends the mind-bending power of charismatic leaders.Rama Trauma Trump is a collaboration between two Vermonters, artist Marcie Vallette and Mark Laxer. They are sharing Rama Trauma Trump as a free digital download because they believe bad things happen when good people do nothing. They feel the nation is in danger. “Please download and share the book,” they ask. “And above all, please vote.”Review from website“Rama Trauma Trump is a remarkable and unique view of the inner world of an authoritarian group that reflects upon the similarities between a narcissistic pseudo-religious leader and President Trump. The information is vital, the wit is sharp and the illustrations are simply brilliant. I'm far too busy to read anything, but I picked it up immediately and couldn't put it down. Brilliant, beautiful and unique.” –Jon Atack, author of Let's Sell These People a Piece of Blue Sky: Hubbard, Dianetics and Scientology and Opening Minds: The Secret World of Manipulation, Undue Influence and Brainwashing.Books (FREE) : Rama Trauma Trump Movie : Mark Laxer Website : Mark Laxer Twitter : Mark Laxer Instagram : Mark Laxer Facebook : Mark LaxerThis show is part of the Spreaker Prime Network, if you are interested in advertising on this podcast, contact us at https://www.spreaker.com/show/1198501/advertisement
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
Andrew and Damon welcome Hurrdat Sports' Mike Sautter on the show for his weekly segment and they guys discuss more potential recruiting news and the upcoming state tournament slates. Tune into Coffee & Cream from 7-10 am AM 590 ESPN Omaha each week day. You can also catch the final hour of the show in Lincoln on 101.5fm and 1280am. Save money on your subscription to Hail Varsity: https://hailvarsity.com/save/ Hail Varsity Radio is brought to you by http://GoCurrency.com Follow Andrew on social: Twitter: http://twitter.com/andrewrogerscc Instagram: http://instagram.com/arog_sports Follow Damon on twitter: http://twitter.com/damonbenning Follow Hurrdat Sports on social: Twitter: http://twitter.com/hurrdatsports Instagram: http://instagram.com/hurrdatsports Tiktok: http://tiktok.com/hurrdatsports Facebook: https://www.facebook.com/HurrdatSports About Coffee & Cream: Wake up with Andrew Rogers and Damon Benning on Hail Varsity Radio. Every morning from 7-10 a.m. on AM Radio Omaha on AM 590 ESPNCoffee and Cream stirs up the best news in Nebraska sports. Whether you're in the car, at the office, or on the sofa enjoying your favorite cup of joe, make sure you're listening to Coffee and Cream on Hail Varsity Radio. Hurrdat Sports is a digital production platform dedicated to the new wave of sports media. From podcasting to video interviews along with live events and entertainment, we're here to change how you consume sports. Find us online at Hurrdatsports.com Learn more about your ad choices. Visit megaphone.fm/adchoices
Elder abuse is becoming more prominent in today's world, which is a concern for all of us. In this episode, Nathan and Michael discuss a new way that parents and grandparents can be protected from elder abuse and undue influence. Listen to this episode to learn more!
Legal malpractice in estate planning. Lawsuits against estate planning attorneys have increased in recent years. Legal malpractice in trusts and estates is now considered to have the highest risk of exposure, representing 12% of all legal malpractice claims. Due to changes in privity laws, many states allow third-party beneficiaries to bring a lawsuit against an attorney who executed a will that is later deemed to be a product of undue influence. Experienced estate attorneys tend to be vigilant of "red flags" indicative of undue influence during the drafting and execution of a will. Because a will is the most important document most individuals sign in their lives, and it affects property rights for all time, the process should be taken seriously. Many attorneys incorrectly assume that estate planning is a simple area of law. Some less-informed attorneys believe estate planning to be a simple, fast, and easy way to make a quick buck, this could not be farther from the truth. An attorney involved in estate planning should exercise diligence and thoroughly document their work in the event they find themselves exposed to a malpractice suit. Ignoring indications of UI by the estate planning attorney can put them in a precarious position of needing to explain why they redirected a testator's estate while their client was unduly influenced. Presumption. Because of the secrecy and tactics leveraged by an influencer, direct evidence of wrongdoing is often impossible for the contestant of a will to produce. Access to the individual is typically controlled by the influencer so that friends and family are unable to observe the perpetrator engaging in manipulation, thus a challenger is often unable to provide direct evidence. In an effort to address this substantial power distinction, many states allow for the burden of proof to be shifted to the alleged influencer if certain requirements are satisfied. Jurisdictions vary as to the requirements, but in general, the burden is shifted when the combination of a confidential or fiduciary relationship with the donor and suspicious circumstances are found. Such circumstances include: Old age and weakened physical or mental condition of the testator. Lack of consideration of the bequest. Unnatural or unjust disposition of the property. Participation of the beneficiary in procuring the gift. Domination or control over the donor by the beneficiary. Secrecy, concealment, or failure to disclose the gift. Once shifted, the proponent of the contested will is tasked with rebutting the presumption. The alleged influencer is required to prove that the testator made the will of their own volition, and was not under any influence at the time it was executed. History. Undue influence originated from English common-law in a doctrine from 1617. Chancellor Bacon found that a woman who "worked on the simplicity and weakness" of an elderly man was guilty of undue influence. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support
Undue influence (UI) is a psychological process by which a person's free will and judgment is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a person gains control over their victims' decision making through manipulation tactics and unfair pressure, typically for financial gain. Historically, UI has been poorly understood, even in some legal circles. Undue influence is typically perpetrated by a person who is trusted by the victim and is dependent on them for emotional and physical needs. Caregivers are often found to have unduly influenced their patients, however, anyone in a position of trust and authority over the victim (for example, fiduciary) may be guilty. This includes the victims' attorney, accountant, nursing home attendant, or even children. UI is a process, not a single event. A manipulator may spend weeks, months, or even years before successfully unduly-influencing their victim. Anyone is susceptible to UI, but the elderly are particularly vulnerable. Perpetrators of UI operate in shadow, enacting their manipulation behind closed doors where there are no witnesses. A person being unduly influenced may become withdrawn, depressive and passive. Physical signs of abuse may include unexplained bruising, scratches, and or broken bones. Other signs may include missing or broken dentures, prescription eyeglasses, hearing aids or other assistive devices. A distinction is made between the nature of capacity and undue influence. In assessing capacity, the practitioner evaluates an individual's ability to competently perform tasks (for example, execute a will or give medical consent). These assessments give insight to the functioning of the cognitive capabilities at that moment in time. Conversely, screening for undue influence is focused on the process of events which occur over an extended period. To determine whether another person is leveraging unfair tactics on the victim, an assessment specific to undue influence is required. Undue influence occurs in various circumstances including, but not limited to domestic violence, hostage situations, cults, prisoners of war, and dictatorships. The common theme among these situations is the aspect of psychological manipulation. Traumatic bonding may occur between the victim and influencer, as a result, the victim may even defend the perpetrator. The effectiveness of cult tactics (for example, Love bombing) on young and healthy individuals illustrates that anyone, regardless of mental status, is a potential victim of UI under certain circumstances. Elderly Americans are living longer, and with this increased life expectancy, the prevalence of cognitive disorders associated with advanced age has also increased. A significant concentration of wealth is controlled by this aging demographic making them a potential target for exploitation. Modern families are becoming more complex and dispersed. Given these factors, the number of will contests involving undue influence is expected to increase. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support
Mind control, undue influence, brainwashing - that all sounds like some Hollywood fiction fantasy. But cult expert Dr. Steven Hassan says these are real and anybody could fall into the culty traps. He shares his personal story from the 70's when he found himself dropping out of college, emptying his bank account and being trained to kill. His trap, he says, is that he thought he was too smart to fall for cult stuff. In fact, “cults” are everywhere - some harmful and some aren't so much, but they all share elements. If you ever thought that yoga “guru”, invasive company, tight social club or even romantic partner has an awful lot of influence...maybe you're right. In fact, Hassan says we are living in an age of influence and most of it is digital. If you have questions or guest suggestions, Ali would love to hear from you. Call or text her at (323) 364-6356. Or email go-ask-ali-podcast-at-gmail.com. (No dashes) Links of Interest: Hassan Website: Freedom of Mind Resource Center Hassan Podcast: The Influence Continuum Hassan Books The “Cult” at Sarah Lawrence College (The Cut, 1/23) Who George Soros? “The Family” Book and Documentary The Rod of Iron Ministries (The Tennessean) (Rolling Stone) (SPLC) Chinese Communist Brainwashing Techniques (WNYC, Archival Audio)See omnystudio.com/listener for privacy information.
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
Support the showIf you would like to discuss legal topics in person, join Law Schoolers Pro at https://lawschoolers.com/law-schoolers-pro/Disclaimers:1. Nearly all of our episodes are unedited. We want to give you raw footage which means that there will be bumps, dings, and some pops.2. The information contained in these episodes are for educational purposes only, not to be used as legal advice.3. If the information is used as legal advice, Law Schoolers is not liable for any legal outcomes.
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!
Candice is back with a reboot of the ‘cult'ure series. The episode opens with a big announcement and an intimate peek behind the scenes. She speaks about grind 'cult'ure, the work of Tricia Hersey, and why regular breaks from creating content are so damn important. Fawning is once again defined and explored in greater detail, including a share about a recent wake-up call - a ‘fan girl' moment when Candice nearly lost her sh*t AND a valuable opportunity. Capital ‘C' cults are explored as well as the super-subtle ways we are all indoctrinated to perpetuate systemic oppression. Undue influence is defined and illustrated through one of Candice's most treasured childhood possessions, and we begin our deep-dive exploration of the f'ed-upedness of wellness ‘cult'ure... with all its good intentions. The episode wraps with a list of questions to strong consider when entering or exiting a group, and a very critical and timely PSA for those who are still active in ‘the Org.' Referenced in this Episode:Rest Is Resistance: A Manifesto, by Tricia HerseyAmerican Detox: the Myth of Wellness and How We Can Truly Heal, by Kerri KellyEditorial Note: The stories and opinions shared in this episode are based on personal experience and are not intended to malign any individual, group, or organization.Follow The Deeper Pulse on IG @thedeeperpulse + @candiceschutter for more regular updates.
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!
Have you ever been caught doing or saying something "stupid" and been called out for it publicly? Super uncomfortable right? However, asking the question of "why" we are acting the way we are, can be not only revealing, but in the end healing. Proverbs says, "Faithful are the wounds of a friend, But the kisses of an enemy are deceitful." (Proverbs 27:6) We need people in our close community that will call us out with love. Those who love us and seek to maintain legitimate, loving, and God centered relationships. (John 13:34-35) As we read the New Testament, remember that Jesus loved, His disciples, the lost, and even the religious leaders. Although they seem to have not seen it that way when He pointed out their wanton hypocrisy. Well gang, it is never an easy choice to do what is right. The difficulty can be complicated when choosing to do what is just and God honoring when we know it will cost us deeply. Be it status, power, money or relationships, we all seem to have something we can hold onto too tightly. Therefore, whatever that may be, has power and undue influence over us and our choices. There are those who are so blinded by their lust, greed, and wanted desire they will do the vilest things the fallen nature can conceive of to keep what they mistakenly think they can possess forever. We would do well to remember this world is not our home. We are, as Peter puts it, simply strangers in a strange land. (1 Peter 2:11-12) We are simply passing through on our way to glory! When we give too much weight to the things of this world, the lust of the flesh, lust of the eyes, and the pride of life, we give them more influence than they ever deserve alone. (1 John 2:15-17) Because, all those things are perishing along with the world. This was the mistake of many in Jesus' day and the religious leaders where among some of the worst offenders as they used their influence to take advantage of the vulnerable in the Jewish community. Job said, “Naked I came from my mother's womb, and naked shall I return there. The LORD gave, and the LORD has taken away; Blessed be the name of the LORD.” (Job 1:21) Hold on to Jesus alone, who is the Savior of our souls! Colossians 2:14-15 2 Peter 2:15 Jude 11 ----- Call us: 208.524.4747 prayer@watersprings.net Online Giving: https://watersprings.net/give.php Serve at Watersprings: https://watersprings.churchcenter.com/people/forms/8221 CCLI Streaming License: 20080252 Size E CCLI Copyright License: 1406906 Size F DISCLAIMER: Closed captioning and/or transcription is being provided solely for the convenience of our viewers. Watersprings Church does not review for accuracy any information that appears in a closed caption or transcript. Watersprings Church makes no representations or warranties, and expressly disclaims any responsibility or liability with respect to, any errors or omissions in, or the accuracy, reliability, timeliness or completeness of, any information that appears in a closed caption or transcript.
Do you have a loved one who is easily confused or who is dependent on a caregiver? Is your loved one making changes to bank accounts or making changes that are out of character? What is undue influence and how do you spot it? Partners and Certified Elder Attorneys Tim Takacs and Barbara McGinnis discuss undue influence in this episode.
Often, when an older adult modifies their estate plan, they are doing it of sound mind because of a change in their wishes. However, there are instances when an older adult makes the change because they are being pressured by someone who is taking advantage of their vulnerability and trust. Unfortunately, this happens more often than not. In the legal world, this is referred to as “undue influence,” which is considered a form of elder abuse. In a new episode of Absolute Trust Talk, host Kirsten Howe is joined by RMO LLP's founding partner, Scott Rahn. Scott's firm is a national probate litigation firm focused on representing beneficiaries, heirs, executors, and trustees in estate and probate litigation matters, and families and fiduciaries in contested conservatorships and guardianships. Scott is a frequent contributor to news media such as the BBC and has been named to the Chambers and Partners “2021 High Net Worth Guide” and the “Best Lawyers in America” list by Best Lawyers. He has also been recognized as a “Top Litigator” by the Los Angeles Business Journal and a “Visionary” by the Los Angeles Times. Together, Scott and Kirsten discuss the impacts of changing one's estate plan later in life and what litigation looks like for a case that includes elder abuse. Some points they will touch on include: How to recognize elder abuse What kinds of tools, strategies, and information are used in elder abuse-related cases What happens if elder abuse is caught too late How to keep a client's estate plan intact after they pass away And more! This is a very important episode that all family members should listen to. As mentioned above, elder abuse happens every day, and many times, right in front of us. If an elder has an estate in place, it's in place for a reason, and this episode will help you and your family protect their plan and wishes.
Thank you so much for listening to the Bob Harden Show. On Tuesday's show, we visit with our State Senator, Kathleen Passidomo, about the accomplishments on last week's special legislative session, and we discuss another special session planned for May to address skyrocketing property insurance rates in Florida. The Founder and President of Less Government Seton Motley and I discuss California's undue influence on national policy. Linda Harden and I discuss high expectations for free speech due to Elon Musk's purchase of Twitter. We also have a terrific and entertaining visit about climate change with our weekly guest, Boo Mortenson. Please join us tomorrow when we visit with Bob Levy from the Cato Institute and Professor Andrew Joppa. Please join us live at 7 a.m. on bobharden.com, or access the show anytime on podcast platforms
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!
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!
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!
Our guest for this episode, Terrence M. Franklin, shares an incredible story of a Last Will and Testament from 1846 that played a very important role in his family history. He hopes that telling this story can help bend the arc of history towards justice. About Our Guest:Terrence M. Franklin is a partner at Los Angeles based firm Sacks Glazier Franklin & Lodise. He is a seasoned attorney with nearly three decades of experience handling trust and estates and probate litigation, disputes and appeals. Terry is also a member of ACTEC (the American College of Trust and Estate Counsel) and was the immediate past Chair of the Diversity, Equity and Inclusion Committee. He's also served as Chair of the Diversity Committee of the Real Property Probate and Trust Law Section of the American Bar Association. He can be reached at: tfranklin@trustlitigation.laAbout 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!
In writing or performing, it is important to know your audience. In probate litigation, your audience is often the judicial officer presiding over the case. In this podcast, we sit down with Judge David J. Cowan to get his view on some key topics in handling contested probate proceedings.First, we explore the subject of pleadings and crafting a petition to tell a story. We next discuss bench trials and how Judge Cowan approaches them, including how he considers testimony on mental capacity and susceptibility to undue influence. Lastly, we discuss a bit narrower of a topic, relating civil cases to probate cases, which Judge Cowan currently oversees.This podcast should provide some insight on how a judicial officer may look at your case.About Our GuestJudge David J. Cowan is Supervising Judge of the Civil Division of the Los Angeles County Superior Court. He previously served as Supervising Judge of the Probate and Mental Health Division of the Superior Court. Judge Cowan is also a member of the Probate and Mental Health Advisory Committee to the Judicial Council of California as well as former vice-chair of the Probate Law Committee of the California Judges Association.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.Thank you for listening to Trust Me!
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