The statutory scheme for enforcing money judgments against trusts, the limitations on that scheme when facing spendthrift clauses, and ways around those limitations.
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.
Tax-deferred exchanges of commercial or investment real property are a common strategy for real estate owners. Federal courts have taken a pro-taxpayer approach in allowing taxpayers to structure these exchanges. California has not until recently.
