Speaker: Margaret M. Hand
May 17, 2017, 12 – 1 P.M.
Santa Clara Probate Courthouse, Dept. 12, 191 North First Street,
San Jose, CA
AND
May 18, 2017, 12 – 1 P.M.
El Dorado Planned Giving Committee – Serrano Country Club,
5005 Serrano Pkwy, El Dorado, CA
California law has long recognized a settlor’s right to restrict a beneficiary’s use of trust assets. Restraints on alienation, spendthrift clauses, shutdown clauses and wholly discretionary trusts are a few of the tools settlors may use when creating a trust for the benefit of someone likely to have creditor problems. Using colorful stories about deadbeat beneficiaries, Margaret M. Hand will discuss the use of these tools, describe those circumstances in which they work well and describe those circumstances in which they are of limited or no use.
The Federal Government assesses a tax on assets that are gratuitously transferred to another person. Assets transferred during the donor's lifetime are subject to gift tax.
California recently enacted its decanting statute. The new law allows an authorized fiduciary to modify the terms of an irrevocable trust without the beneficiaries’ consent or court approval. Nevertheless, the settlor’s intent must be preserved, and no beneficiary can object. Here’s how the law compares to the Uniform Trust Decanting Act (UTDA) and other state decanting statutes.
John Hartog explains Common Estate Planning Mistakes & How to Avoid Them