News & Analysis as of

Beneficiaries Trust Amendments

Patton Sullivan Brodehl LLP

Failure to Pay Attention to Trustee Notice Can Be Fatal

Understanding the significance of trustee notice, as mandated by Probate Code Section 16061.7, is crucial in trust administration.  This notice is required upon the occurrence of certain events, most notably, when a trust...more

Warner Norcross + Judd

Can a Court Change the Beneficiaries of a Trust if Estate Planning Changes Were Intended but not Accomplished Before Death?

A person communicates a desire to make estate planning changes in the future but dies before the changes are made. Can a court modify or reform a trust to give effect to this intent? No. In re Brody Trust, Docket No 362214...more

Downey Brand LLP

He Who Has the Gold Does Not Always Rule–Court Reinforces Trustee’s Duty of Neutrality

Downey Brand LLP on

It has become more common for trustors to select someone who is not a beneficiary of the trust estate, often a close relative, to serve as trustee. While the “crown” of trusteeship imbues that trustee with tempting powers –...more

Downey Brand LLP

Trustees Beware: The Line Between Protected and Wasteful Litigation Is Thinner Than You Think

Downey Brand LLP on

This blog has devoted a lot of real estate to the use of anti-SLAPP motions in California trust and estate litigation. Though the courts’ treatment of such motions is varied and oftentimes unpredictable, Californians can...more

Downey Brand LLP

When Can California Trustees Use Trust Funds to Hire Lawyers?

Downey Brand LLP on

Many family member trustees are uncertain about whether and to what extent they can use trust assets to obtain legal representation. For example, when two parents choose their daughter, upon their incapacity or death, to...more

Holland & Hart LLP

Arbitration Clause Held Not Enforceable as to the Validity of the Trust Amendment

Holland & Hart LLP on

There has been considerable discussion regarding including arbitration clauses in estate planning documents over recent years. Some estate and trust attorneys are actively pushing for the inclusion of such clauses. Recently,...more

Downey Brand LLP

Don’t Rely on a Post-It® Note to Amend Your California Trust

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A key feature of a California revocable trust is that it can be amended. Revising a trust can, however, seem like an irksome chore so it’s common for creators of trusts (i.e., “settlors” or “trustors”) to shrug off an...more

Downey Brand LLP

When Defending Becomes Offensive: California Court Expands No Contest Clauses to Defense of Invalid Amendment

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No contest clauses are included in wills and trusts to discourage dissatisfied beneficiaries from challenging the document’s validity. Because enforcement of these clauses results in disinheritance, the California Probate...more

Downey Brand LLP

Play It Again: No Contest Clauses Must Be Referenced In Each California Trust Amendment

Downey Brand LLP on

No contest clauses are an ever-evolving area of the probate law in California. The Court of Appeal further refined the rules governing no contest clauses in a decision issued last week, Aviles v. Swearingen (2017) ___...more

BCLP

When The Power To Amend Doesn’t Actually Mean You Can Amend

BCLP on

Circumstances, laws, and taxes all change. And, when they do, many settlors don’t want their beneficiaries to have to go into court to get permission to roll with the changes. That’s why you often find a trust provision...more

McDermott Will & Emery

Amendments to Virtual Representation Statute Take Effect on January 1, 2015

McDermott Will & Emery on

There is increasing interest among trustees and beneficiaries to resolve disputes and modify trust documents without going to court. For many years, the primary mechanism to accomplish that in Illinois has been the Virtual...more

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