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.
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.
Clients frequently demand “bulletproof” trusts from their estate planning attorneys.
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.