| NEWS FROM THE
TRUSTS AND ESTATES SECTION |
Welcome to www.calbar.ca.gov/trusts, the home page of the the Trusts and Estates
Section! The Section changed its name in 2002 to the Trusts
and Estates Section, after 26 years as the Estate Planning, Trust
& Probate Section.
 The Trusts and Estates Section Presents
Estate Planning Through Administration -- The
Exam and You
Friday, June 26,
2009
Hotel Soffitel
223 Twin Dolphin Drive
Redwood City, CA
Earn 6.5 Hours MCLE Credit
You can now Register Online for this program.
For more infomation, see Estate Planning Through Administration -- the Exam nnd
You.
 Register now for
the largest gathering of California Lawyers and Legal
Professionals:
The 82nd State Bar of California
Annual Meeting
September 10-13, 2009
San Diego
- Earn up to 18.5 Hours of MCLE
- Strategic Solutions to Practicing Law
- Thought-Provoking Discussions with Lawyers and Judges
- Expand and Build Networks
The Annual Meeting willl feature 130+ legal education courses,
exhibit hall, and more! CLE programs at the Annual Meeting are
organized across four distinct content tracks, For full
information, see State Bar of California Annual Meeting.
The Trusts and Estates Section is presenting:
- Program 26 -- Medi-Cal Long Term Planning
Strategies
- Program 36 -- Litigation Issues in
Conservatorships
- Program 59 -- Recent Developments in
Trusts, Guardianship, Conservatorships and Probate
- Program 82 -- How Post-Mortem
Administration is Like a Probate
- Program 91 -- Estate Planning: Dealing
with Ethical and conflict of Interest Issues
- Program 119 -- Terror No More: The Death
of No-Contest Clauses in California?
- Program 127 -- Probate and Trust
Administrative Issues Created by a Recessionary Economy
Trusts and Estates
Section Online CLE Brochure
 The
Trusts Section recently completed a summary (by practice area) of
all of its Online CLE course offerings. Over
40 courses appear in this brochure. Members can get live,
participatory CLE credit for taking these courses and the courses
are being offered at a very low price. Click HERE to review the brochure.
Newly Revised Ethics
Guide Is Now Available!
 Now available: The newly
revised 2008 Edition of the "Guide to
the California Rules of Professional Conduct for Estate Planning,
Trust and Probate Counsel". Neither the California Rules of
Professional Responsibility nor the ABA Model Rules of Professional
Conduct provide adequate guidance to California practicing trusts
and estates lawyers. The Executive Committee of the Trusts &
Estates Section of the State Bar (TEXCOM) sought to fill this gap
in 1997 with the publication of the Guide to the California Rules
of Professional Conduct for Estate Planning Trust and Probate
Counsel. The first publication of the Guide was well received by
practitioners.
Much has occurred in the area of practice in the last decade.
TEXCOM is releasing a new edition of the Ethics Guide to reflect
these developments. The Ethics Guide is intended to provide general
guidance to California trusts and estates lawyers by identifying
reasonable approaches to common problems. The Guide is particularly
well suited to California practitioners, because it is sensitive to
the unique framework of California jurisprudence. The Ethics Guide
will be an essential addition to the library of every California
trust and estate lawyer.
To order, go to Order Online -- Click on "Order
Sections Products," then "Trusts and Estates Section". Or print out
the Mail Publications Order Form.
OTHER NEWS
New Requirements for
Being Licensed as a Fiduciary
In order to serve as a professional fiduciary in California, it
is now necessary to become licensed by the Department of Consumer
Affairs Professional Fiduciary Bureau. No one who meets the
definitions in Business and Professions Code Sections 6500-6592 of
“professional fiduciary” can serve in that capacity
after January 1, 2009, without being licensed. For more information
about the requirements, and links to all pertinent materials for
becoming licensed, see Professional Fiduciary Applicage Package.
Trusts and Estates Section
on the Radio: Radio station KALW regularly broadcasts "Your
Legal Rights," a show in which callers can ask questions of
attorneys with expertise in different areas of the law.
Listen now to "Individual Retirement
Accounts: Dos & Don'ts" - aired on September 24, 2008.
Additional broadcasts are also available online through
ilawyer.com. For a complete list and further information, see "Your Legal
Rights": Trusts and Estates.
 ABA Books at a Discount - Plus Special
Reduction for All Section Members
Members of the State Bar can now recieve a 15% discount on any ABA
book (or books) and all Section members
receive a 35% discount on any ABA book (or books).
This is a great benefit for all Section members as the savings on
even a single purchase could be equal to or even exceed the cost of
an annual Section membership. For instance, the savings on a
purchase of $200 would be equivalent to $70. Here’s how the
ABA discount program works:
- All Section members are eligible for a 35%
discount. The Section Member
Discount Code can be found on a special "member-only" page
accessible to all Section members. Once you have the discount code
simply visit the ABA web bookstore at www.abanet.org/ababookstore, select any book (or books)
for purchase and during checkout, enter the special 35% discount
code. To access the 35% discount code,
click HERE. You will need to log into your State Bar
Profile to access the link.
- Non-Section members can obtain a 15%
discount. Visit the ABA web bookstore at www.abanet.org/ababookstore, and select any book (or
books) for purchase. During checkout, enter the special 15%
discount code PAB6ECABPW1 at
checkout.
There is a wide range of books available at the ABA web
bookstore including practice related books and law practice
management books focusing on finance, technology, management and
marketing. Note: Discount does
not apply to ABA-CLE iPod products.
Advance Care Health Directive: The
Advance Care Health Directive
(Probate Code Section 4700-4701) is posted online on the State of
California's Official California
Legislative Information Web site. The form provided in
Section 4701 can be used to create an advance health care
directive. The other sections of this division govern the effect of
the form or any other writing used to create an advance health care
directive. An individual may complete or modify all or any part of
the form in Section 4701. See Advance Care Health Directive. For more
resources, see Educating Seniors Speaker Bureau at
For
the Public.
Toll Free Senior Information Line: 1 - 888 -
460-7364: The Trust and Estates Section has established an
information line to assist you in reporting the activities of
attorneys and non-attorneys involved in fraudulent activities
against seniors in California. The State Bar of California is
authorized to discipline attorneys who have participated in these
activities and to pursue complaints against non-attorneys for the
unauthorized practice of law. Because of our limited resources,
however, we encourage you to also file complaints with other
appropriate state agencies and law enforcement branches.
The number is: 1-888-460-7364.
Please assist the Section in publicizing the availability of this
service! For more resources, see Educating Seniors Speaker
Bureau at For the
Public.
Member Only Area: Our Members Only Area
has expanded to include a discussion board for Section members, and
a number of other benefits available through the State Bar Member
Profile. For more information, see Members Only
Area.
Ongoing Opportunities for CLE Credit from the Trusts & Estates
Section. The Section offers ongoing opportunities for
participatory and self-study CLE credit through online audio and
video programs and self-study tapes. For more information, see
Education.
Keep an eye on the ever-expanding postings in
our
Members Only Area
The Section offers brochures and a video geared
for the general public, and to help attorneys help their clients.
See
For the Public
Legislative
Tracking
The State Bar's Office of Governmental Affairs offers online
bill tracking page for members of the Sections of the State Bar (as
well as the Bar's Board of Governors and its standing advisory
committees). The page is accessible to all Section members
who have created a State Bar Profile. To access the page, log in to
your State Bar Profile and go to the Trusts and Estates Section
Members Only Area.
Save
Money with CEB
 Continuing Education
of the Bar, California (CEB) is extending some special discount
offers to our section. As a member of the Trusts and Estates
Section, you're eligible for:
- 10% off selected CEB print or online books
- A rebate on your section dues that can be applied to the cost
of a CEB Gold CLE Passport or a CLE program ticket
A complete list of the products eligible for a discount is
available on a CEB web page accessible through our Members Only Area. Information about the section
dues rebate program can be found on the CEB Web site.
Trusts and Estates Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
415-538-2206
415-538-2368 fax
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