Trusts and Estates Section Executive Committee Agenda

September 14, 2014
9:30 a.m. to 3:30 p.m.
Manchester Hyatt, San Diego

I. Welcome, Report of the Vice Chair, Section Administrator and Nominating Committee (40 min. total)

  1. Welcome/Introductions - Schenone
  2. Approval of Minutes of June 7, 2014 Schenone
  3. Report of the Vice Chair Crickard
    1. Finance Report
  4. Retreat 2015 Crickard
  5. Meeting Dates - November 1, 2014 and 2015 Crickard
  6. Report of the Section Administrator Buelter
  7. Council of State Bar Sections - Crickard
  8. Section Dues Schenone
  9. Certificate of Appreciation for Volunteers Schenone

    Resolved, in recognition of your volunteer service and contribution to the Subcommittee during the 2013-2014 year, the Executive Committee of the Trusts and Estates Section of the State Bar of California express its appreciation and thanks for your participation.

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 (15 min.) Wilkerson

VI Legislation (35 min.) 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: 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. 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 Incapacity (10 minutes) Burns/Lera

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

VIII Income / Transfer Tax (5 min.) Prouty


IX Estate Planning (35 minutes) Richards

  1. Uniform Power of Appointment (5 min) Richards
  2. Uniform Digital Assets Act (25 m) Rosen-Prinz
  3. Webinars (5 m) Richards

X Litigation (45 min.) Carchidi/Stroh

  1. Determination of Character of Property Passing to Surviving Spouse (10 min) Thoreen
  2. Creditor Rights in Spendthrift Trusts (NR) Carchidi
  3. Discovery in Trust Litigation (10 min) Stroh
  4. Joint Committee on Probate Code 21380 (5 min) Matiasevich
  5. Judgment Liens (8 min) Matiasevich
  6. Status of Petrulis Letter (2 min) Stroh
  7. New Cases of Interest (10 min.) Horwitz

XI Trust and Estate Administration (35 min,) Kohlmann

  1. Modification of Probate Code section 21524 Shaver
  2. Notice of Proposed Action (§§16501, 16502) Ascher
  3. Declaration of Trust Funding (Kwok) Kohlmann
  4. Hasso Revisited - Probate Code §16350 Crickard

XII Conference of California Bar Associations (10 m) Burns

XIII Education (15 min) Lauth

  1. Webinars - Poochigian
  2. Solo Summit Program - Ellerman
  3. Annual Meeting Programs and Roadshow - Gerson
  4. Event Sponsorship - Schenone
  5. Your Legal Rights - Lauth

XIV CLRC (5 min) Wilkerson

XV Quarterly (10 min) Pharies

XVI Ethics - NR

XVII Membership and Marketing - NR - Schenone

XIX New Business: Request for Use of Quarterly Article

Upcoming Attractions:

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