Trusts and Estates Section Home Page
News from the Section
2014 Summer Education Conference
Friday, May 30, 2014
Marina del Rey Marriott
4100 Admiralty Way
Marina del Rey, CA 90292
Earn 7 Hours of MCLE & Legal Specialization Credits
You can now REGISTER ONLINE for this program. Program package includes 7.0 hours of MCLE and legal specialization credits, program materials, continental breakfast and lunch.
Morning sessions on Attorneys Fees in Probates, Trusts and Conservationships (Parts 1 and 2)
- Afternoon sessions on Estate Planning for Specialized Assets
- A Primer on Tax and Other Issues Relevant to Art Collectors and Their Advisors
- Estate Planning for the Entertainment Industry: Copyrights, Royalties, Name and Likeness Rights, Memorabilia and Other Entertaining Intangibles
- Providing for Your Animal Companions in Your Estate Plan
- Gun Laws: A Guide to Laws Affecting the Transfer of Firearms in California from Decedents' Estates and Trusts
See the full program details at Summer Education Conference.
Updated Ethics Guide for 2014
Hot Off the Press: The Third Edition of the Guide to the California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel Is Now Available to Trusts and Estates Section Members at a Special Price
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 Third Edition of the Guide to the California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel is offered by the Executive Committee of the Trusts and Estates Section of the State Bar (TEXCOM) to provide both general and fact-specific guidance to California trusts and estates lawyers facing common and unusual ethical issues and problems, with an emphasis on application of California-specific rules. The Third Edition replaces the Second Edition, which was released in 2007, and has been updated to reflect the current state of the law, including by way of example changes in the Care Custodian area and evolving social media issues. The updated Guide is an essential addition to the library of every California trust and estate lawyer.
The retail price to members for the Guide is $85.00. However, the Trusts and Estates Section is offering the Guide to Section members at a reduced price of $40.00 if purchased before May 31, 2014.
You can order the Guide directly HERE. Or go to our Sections Bookstore and click on "Trusts and Estates Section".
New Legislation of Interest to Elder Law Practitioners
March 20, 2014: Senate and Assembly committees are in the process of reviewing nine bills intended to reinforce the rights of residents in residential care facilities. The package of bills, introduced earlier this year under the collective title of the RCFE Reform Act of 2014, is sponsored by California Advocates for Nursing Home Reform. The bills seek to provide better scrutiny of residential care facilities by the State Social Services Department, promote residents' rights through enactment of a bill of rights and of onsite resident and family councils, enforcement of rule violations and enhanced sanctions, better investigation of complaints, and enhanced training of staff members of facilities.
For more information, go to the CANHR website (www.CANHR.org) and click the Legislation tab.
The bills are: SB 894 and 895 (Corbett); SB 911 (Block); SB 1153; SB 1218 (Yee); AB 1554 (Skinner), AB 1571 and 1572 (Eggman), and AB 2171 (Wieckowski).
While the Section will not be taking positions on these bills, Section members who work with seniors may wish to become informed about the purpose and content of the bills and may wish to take positions on them independently.
Chair, Trusts and Estates Executive Committee
The Educating Seniors Project is Back in Action
The Trusts and Estates Section is pleased to announce that its Educating Seniors project is now back in full operation. This project has been sponsored by the Section since 1997 and focuses on training attorneys who specialize in the practice of trusts and estates law on matters relating to elder financial abuse. Trained attorneys are then provided with contact information for their local Senior Centers along with a portfolio of brochures and educational materials; following this, they are deployed in their local communities for the purpose of providing senior audiences with information designed to protect them from predatory schemes.
If you are a trusts and estates attorney who would like to be part of this important project, please contact us! And if you are the representative of a Senior Center (or other organization that serves the senior community in your area), we hope that you will contact us as well.
Educating Seniors Project Coordinator
State Bar of California
180 Howard Street
San Francisco, California 94105
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 "Long-Term Care Insurance Issues" - Aired on August 10, 2011.
Listen Now to "Medical Eligibility Update" - Aired on January 20, 2011.
Listen Now to "Social Security Issues" - Aired on January 5, 2011.
Listen Now to "Estate Planning Regarding Physicians Orders for Life-Sustaining Treatment at the End of Life" - Aired on August 25, 2010.
Listen Now to "Issues Facing Older Persons and the Legal System's Ability to Protect Them" - Aired on December 23, 2009.
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 "Home Foreclosures Before and After Death" - aired on June 9, 2010.
Listen Now to "Death and Marital Dissolution - What You Need to Know" - aired April 21, 2010.
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.
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. For more resources, see Educating Seniors Speaker Bureau at Educating Seniors.
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 Educating Seniors.
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 Trustees 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