Trusts and Estates Section Executive Committee Agenda

AGENDA FOR EXECUTIVE COMMITTEE MEETING
TRUST AND ESTATES SECTION, STATE BAR OF CALIFORNIA
June 7, 2014
9:30 a.m. to 3:30 p.m.
LAX Marriott

I. Welcome, Report of the Vice Chair, Section Administrator and Nominating Committee (20 min. total)

  1. Welcome/Introductions - Schenone
  2. Approval of Minutes of April 25, 26 and 27, 2014 - Schenone
  3. Report of the Vice Chair - Crickard
    1. Finance Report
  4. Retreat 2015 - Crickard
  5. Proposed Meeting Dates - 2015 Crickard
  6. Report of the Section Administrator - Buelter
  7. Council of State Bar Sections - Crickard

II Membership Benefits (5 min)

  1. Update - Ethics Guide - Corey

III Long-Range Planning (5 min.) Crickard

IV. Social Media Subcommittee (15 m) Crickard

V. Educating Seniors (20 min.) Wilkerson

  1. Financial Elder Abuse Brochure Daniel Murphy

VI Legislation (1 hour) Lera/Ascher

  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 - Kohlmann
    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 - Kohlmann
    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:

      www.leginfo.ca.gov/ or http://leginfo.legislature.ca.gov (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. Legislation
    1. AB 1725: conservatorships for mentally disabled - Lodise
    2. AB 2034 - Conservatorship Visitation - Lodise
    3. SB 1124: Medi-Cal Recovery - Lera/Ascher
    4. AB 1859: Professional fiduciary, corporations - Kohlmann
    5. Uniform Adult Guardianship and Protective Proceeding Jurisdiction Act / SB 940 - Wilkerson
    6. AB 1302, Elder Abuse - Thoreen
    7. AB 2415 - Tax Agents - Poochigian
    8. AB 1888 - Disclosure of Stamp Tax - Carchidi
    9. AB 2372- Property Tax Proration; COO - Prouty
    10. Wiki Bill - AB 1520, Guardian ad litem for Pets - Carchidi
    11. SB 1343 re: pre-judgment attachment of all defendant's Property in EADACPA action - Stroh
    12. AB 2567 - Estate Bonds - Prouty
    13. AB 2685 - Victim Compensation - Richards
    14. SB 849 - Digital Assets - Kohlmann

VII Estate Planning (30 minutes) Richards

  1. Uniform Power of Appointment Act (20 min.) - Kwon
  2. Update of Estate Planning Materials (10 min) - Ascher

VIII Incapacity (10 minutes) Burns/Lera

  1. Request to Comment on Proposed Judicial Council Rules, SPR 14-15 - Lera/Ascher

IX Income / Transfer Tax (10 min.) Prouty

X Litigation (45 min.) Carchidi/Stroh

  1. Determination of Character of Property Passing to Surviving Spouse (10 min) - Thoreen
  2. Availability of Lodged Wills under §8200(c) (15 min) - Lamping
  3. Creditor Rights in Spendthrift Trusts (NR) - Carchidi
  4. Discovery in Trust Litigation (2 min) - Stroh
  5. Joint Committee on Probate Code 21380 (10 min) - Matiasevich
  6. New Cases of Interest (8 min.) - Horwitz

XI Trust and Estate Administration (30 min,) Kohlmann

  1. Hasso Revisited - Probate Code §16350 Crickard
  2. Request to Comment on Proposed Judicial Council Rules, SPR 14-16 (See exhibit re: VIII D) - Prouty
  3. Modification of Probate Code section 21524 Ascher
  4. Notice of Proposed Actions for Trusts - Kohlmann

XII Conference of California Bar Associations (1.5 hours) Burns

XIII 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

XIV CLRC (5 min) - Wilkerson

XV Uniform Laws (5 min.) Kwon

XVI Quarterly (15 min) Pharies

XVII Bench-Bar (5 min) Prouty

XVIII Ethics - NR

XIV Membership and Marketing - NR Schenone

XX New Business

Upcoming Attractions:

  1. Next Meeting - Annual Meeting, September 13, 2014
  2. Travel Reimbursement