Estate Planning in Anticipation of Litigation

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 L. McDonnell, Jr. named to Best Lawyers in America for 2020. Recognized for his professional abilities, John was nominated by leading lawyers in the Trusts & Estates practice in Northern California.

If you practice in parts of the United States where wealth is more concentrated, such as New York, Los Angeles and the San Francisco Bay Area, you may very well have clients with taxable estates.