Event Date:
Mar 30, 2018 12:00 PM
Speaker:
John Hartog & Margaret Hand
Venue:
HBZ
When an estate plan will provide for unequal distributions, the settlor has a blended family, a caregiver will receive a substantial gift, or one or more children are disinherited, or the plan otherwise gives rise to a legitimate fear of future litigation, the estate planner may take measures to deter disgruntled beneficiaries from bringing a contest or to prevent the estate plane from being invalid.
MCLE Credit: 1.5 Hours General
Spendthrift Trusts, Limited Protection for Deadbeat Beneficiaries. - 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.
The Validity of a trust amendment was at issue in the recent Haggerty v. Thornton opinion from the California Supreme Court, which resolved a split of authority among the California Circuit Courts.
At his presentation to the Sacramento Bar Association, Principal Ryan Szczepanik identifies a variety of tax pitfalls attorneys can fall into when resolving a dispute.