| 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.
Webinar:
Advising Personal Representatives on
Handling a Declining Real Estate Market
Wednesday, February 17, 2010, 12 noon - 1
Pacific Time.
1 Hour Total Participatory MCLE Credits, 1 Hour Legal
Specialization in Estate Planning; Trust & Probate Law
 This
presentation will include a review of the techniques for resolving
a claim by a secured creditor against real property in a probate
administration. The speaker will discuss how a practitioner should
approach clients about real estate encumbrances in the probate
administration process as well as the due diligence needed to
determine the equity in properties and the personal
representative's duty as to preservation of property. In addition,
the program will include a review of the steps that a personal
representative should take for property where there is not
sufficient equity to preserve. Speaker: Tracy
Potts .
To register, see Advising Personal Representatives on Handling a
Declining Real Estate Market or go to www.calbar.org/online-cle and click on "Tele-Seminars
and Webinars".
Webinar:Demystifying QPRTs For Your Clients in These
Uncertain Times
Wednesday, March 17, 2010, 12
noon - 1 p.m. Pacific Time.
This
webinar will provide the practitioner with an overview of QPRTs.
The Obama Administration has indicated an interest in eliminating
fractional interest discounts for non-business interest and
eliminating QPRTs. The time to create a QPRT is now, since a QPRT
is a powerful planning device. Unlike other planning, the
regulations provide black letter rules. Nevertheless, QPRTs remain
an underutilized vehicle. Our speaker will explain the
“basics” on how QPRTs work, how to recognize candidates
that are appropriate candidates for QPRTs, and how to anticipate
and address client concerns. Speaker: David Gaw.
To register, see Demystifying QPRTs For Your Clients
in These Uncertain Times or go to www.calbar.org/online-cle and click on "Tele-Seminars
and Webinars".
Webinar: Administering Stale Trusts
Wednesday, June 23, 2010, 12:00 p.m. to 1:00
p.m. Pacific Time.
1.0 Total Participatory MCLE Credits, 1.0 of which may be
applied toward Legal Specialization in Estate Planning; Trust &
Probate Law (No Ethics)
This
webinar will explore the issues involved with joint living trusts
that are funded years after the first spouse’s death, or even
after the second spouse’s death. It will cover core issues
such as the possible non-recognition of the credit trust, 2036
issues, target dollar amounts for sub-trusts, determining whether
fiduciary income tax returns should be filed for years prior to
funding, methods of funding (prorata vs. non-prorata), possible
capital gains issues and much more. Speaker: David
Gaw.
To register, see Administering Stale
Trusts or go to www.calbar.org/online-cle and
click on "Tele-Seminars and Webinars".
 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 "Bank Accounts Held
in the Name of a Trust and Other Issues Involving Revocable Trusts
" - aired on June 24, 2009.
Listen now to "Property
Reassessment After Owner's Death " - aired on April 15, 2009.
Listen now to "Estate Planning
with a Focus on Special Needs Cases " - aired on February 25,
2009.
Listen now to "An Update on
Financial Abuse of the Elderly " - aired on December 17, 2008.
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.
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 Oppportunities for CLE
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.
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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