John A. Hartog Named to Northern California Super Lawyers’ 2019“Top 10” List

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

This presentation will provide an analysis of the statutory grounds affording estate planners the opportunity to petition the court for approval of the estate plan during the settler’s life.

It’s critical that the couple understand and adhere to the rules governing their acts. Married clients often establish a Family Trust to control the disposition of their assets During their lifetimes, clients may transmute (that is, change the form of) property, whether from separate to community, from community to separate or from the separate property of one spouse to the separate property of the other spouse. A transmutation isn’t valid unless made in writing by an express declaration that’s made, joined in, consented to or accepted by the spouse whose interest in the property is adversely affected. The writing must contain language that expressly states that the characterization or ownership of the property is being changed.

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.

Clients, friends and colleagues often ask me "how often should I update my estate plan?" Estate planning attorneys commonly recommend that you review your estate plan documents - i.e., your will, revocable "living" trusts, power of attorney for financial matters, and advance health care directives - at least every five years.