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Planning and Administering Spendthrift Trusts in Tension with Public Policies

Jan 16, 2018
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Planning and Administering Spendthrift Trusts in Tension with Public Policies

Speaker: Margaret M. Hand

July 12, 2017, 12:30 – 2:00 P.M.
STEP Orange County 7th Annual Institute
Fashion Island Hotel, Newport Beach, California


In striking a balance between restraints on alienation and the rights of judgment creditors with respect to spendthrift trusts, legislatures have created confusion. Margaret will demystify California’s spendthrift laws and provide practical advice for those who plan and administer spendthrift trusts.

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Many trustees employ counsel to provide advice on dealing with and responding to inquiries from beneficiaries. Trustees may believe that their communications with and advice from counsel are confidential and cannot be disclosed to the beneficiaries without their consent. The recent court decision in Fiduciary Trust International of California v. Klein (2017) 9 Cal. App. 5th 1184 is a cautionary tale that warns trustees against assuming that all communications with an attorney are confidential.

Planning and Administering Spendthrift Trusts in Tension with Public Policies Speaker: Margaret M. H[..]

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