Trusts and Estates Section Executive Committee Agenda

April 25-27, 2014 Dana Point, California

Daily Schedule

April 25, 2014

  • Long Range Planning Committee Meeting
    10:30 a.m. - 12:00 p.m.
  • TEXCOM Lunch
    12:00 p.m. - 1:00 p.m.
  • Meeting
    1:00 p.m. - 5:00 p.m.
  • BBQ - TEXCOM Don Green Day
    6:00 p.m.

April 26, 2014

  • Breakfast
    8:30 - 9:00 a.m.
  • Meeting
    9:00 - 12:30 p.m.
  • Box Lunch - Afternoon for TEXCOM Meditation Activities
    12:30 p.m.
  • Dinner 7:00 p.m.

April 27, 2014

  • Breakfast
    8:30 - 9:00 a.m.
  • Meeting
    9:00 a.m. to 12:00 p.m.
  • Retreat Adjourns

Friday, April 25, 2014, Meeting Agenda

I. Welcome, Report of the Vice Chair, Section Administrator and Nominating Committee (10 min. total)

  1. Welcome/Introductions Schenone
  2. Approval of Minutes of March 1, 2014 Schenone
  3. Report of the Vice Chair Crickard
    1. Finance Report
  4. Retreat 2015 Crickard
  5. Report of the Section Administrator Buelter
  6. Council of State Bar Sections - Crickard

II Nominating Committee (N/R)

III Membership Benefits (5 min)

  1. Update - Ethics Guide Corey

IV Long-Range Planning (5 min.) Crickard

V. Social Media Subcommittee (15 m) Crickard

VI Legislation (15 minutes) Lera

  1. Review of Active ALP Projects:
    1. California Exemption to Termination of Title Insurance on Transfers to Revocable Trusts
      (T&E 2012-06)
      Would provide that coverage under a policy of title insurance issued after enactment of the new statute will continue from the named insured to a transferee when title to property is transferred by the insured to the trustee of a revocable trust of which the insured is a beneficiary with the power to revoke.

      AB 2196 - Reviewed in Trust Admin
    2. Will Lodging Fee
      (T&E 2014 - 04 )
      Permits a custodian of an original Will to deliver the original Will to either the executor or a beneficiary under the Will for lodging.

      AB 2166 - Reviewed in Trust Admin
    3. Trustee Petition to Collect Property Without Probate Administration
      (T&E 2015-1)
      Permits the trustee of a decedent's revocable trust that is designated as the remainder beneficiary in the decedent's will to collect specifically identified assets of such remainder upon petition to the probate court, if the limited circumstances provided in the statute will apply to the decedent's will and trust.
  2. Important guidelines for bill tracking
    1. Please use the approved format for legislative proposals.
    2. Please use the approved comment form for legislation comments.
    3. Always send your comments or position papers to Saul and Mark with copies to Chair Schenone, Vice Chair Crickard, and Chair and Vice Chair of the Legislation Committee and not directly to a member of the legislative staff or author.
    4. Online Bill Tracking legislative information: or (Go to this website for texts of any bills that have not been uploaded to the agenda packet); CapitalTrack sites (See Legislation Committee Workroom Folder and Legislative Matric)
    5. Coordinate contact with legislative staff and testimony with the legislative staff and Saul and Mark.
  3. New Legislation from March 1 not reviewed by Subcommittees Lera

VII Estate Planning (50 minutes) Richards

  1. Uniform Power of Appointment Act (45 min.) Kwon
  2. Update of Estate Planning Materials Richards
  3. Estate Planning Webinars Richards
  4. Decanting Statutes (N/R) Ito
  5. Planned Quarterly Article from Subcommittee Member Richards

VIII Incapacity (30 minutes) Burns/Lera

  1. Uniform Adult Guardianship and Protective Proceeding Jurisdiction Act / SB 940 Wilkerson
  2. AB 414 Burns
  3. Probate Code section 2356.5 Burns
  4. Planned Quarterly Article from Subcommittee Member Richards

IX Income / Transfer Tax (10 min.) Prouty

  1. AB 2415 - Tax Agents

X Litigation (35 min.) Carchidi/Stroh

  1. Wiki Bill - AB 1520 (5 min) Carchidi
  2. Determination of Character of Property Passing to Surviving Spouse (15 min.) Thoreen
  3. Availability of Lodged Wills under §8200(c) (5 min) Lamping
  4. Planned Quarterly Article from Subcommittee Member Carchidi/Stroh
  5. Creditor Rights in Spendthrift Trusts (NR) Carchidi
  6. Discovery in Trust Litigation (NR) Stroh
  7. New Cases of Interest (10 min.) Horwitz

XI Trust and Estate Administration (50 min,) Kohlmann

  1. Hasso Revisited - Probate Code §16350 Crickard
  2. AB 2567 - Estate Bonds Prouty
  3. Modification of Probate Code section 21524 Kohlmann
  4. Planned Quarterly Article from Subcommittee Member Kohlmann

Saturday, April 26, Meeting Agenda

XII. Digital Assets (1.5 hours) Kwon

XIII. Petrulis Capacity Proposal (1.5 hours) Stroh

Sunday, April 27, Meeting Agenda

XIV Conference of California Bar Associations (1.5 hours) Burns

XV Education (15 min) Lauth

  1. Webinars Poochigian
  2. 2014 Stand-alone Programs – MAY Program McKissock Reimann
  3. Solo Summit Program - TEXCOM Programs Ellerman
  4. Annual Meeting Programs Gerson
  5. Your Legal Rights Lauth

XVI Educating Seniors (5 min.) Wilkerson

XVII CLRC (5 min) Wilkerson

XVIII Uniform Laws (5 min.) Kwon

XIX Bench Bar (NR) Prouty

XX Quarterly (5 min.)

XVII Ethics - NR

XIX Membership and Marketing Schenone

XX New Business

Upcoming Attractions:

  1. Next Meeting - June 7, 2014 - LAX Marriott
  2. Travel Reimbursement