The Fading Client Quandary

Strategies and Implications When Settling a Trust or Estate Dispute.

Ryan will discuss a litigator’s perspective to conflicts that estate planners often encounter, including representing clients with mental capacity that may appear impaired, representing clients who want to make a gift to an individual identified in Probate Code section 21380 thereby invoking the presumption that the gift is the product of fraud or undue influence, and representing clients in circumstances where it appears a child or another may have undue influence over them, particularly where there are any questions of favoritism.

It’s critical that the couple understand and adhere to the rules governing their acts. Married clients often establish a Family Trust to control the disposition of their assets During their lifetimes, clients may transmute (that is, change the form of) property, whether from separate to community, from community to separate or from the separate property of one spouse to the separate property of the other spouse. A transmutation isn’t valid unless made in writing by an express declaration that’s made, joined in, consented to or accepted by the spouse whose interest in the property is adversely affected. The writing must contain language that expressly states that the characterization or ownership of the property is being changed.