California Trusts & Estates Quarterly (CLA)
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Editorial Board
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The Pi Lawyer: Different Animal, Same Stripes
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Inside This Issue
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Shall We Check His Text Messages? the Growing Trend of Creating Wills in the Digital Age
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Tips of the Trade: the Death of Finality: How Revised Section 664.6 May Limit Certainty in Trust and Estate Settlements
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The California Throwback Tax Applicable to Distributions of Previously Untaxed Accumulated Trust Income to California Resident Beneficiaries
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Death of a Litigant: What Is a Trusts and Estates Litigator to Do?
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From the Editor-in-chief
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Agatha Christie, Probate Litigator: Proving a Will Contest Through Circumstantial Evidence
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Incapacity Alert
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Tips of the Trade - Using the Statement of Decision to Maximize Your Chances of Winning a Trust or Probate Appeal
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Chairs of Section Subcommittees
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Letter from the Editor
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Letter from the Former Chair
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Undue Influence: Pressure Brought to Bear Directly on the Burden of Proof
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Litigation Alert
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Tax Alert
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Trust and Estates Section Executive Committee
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Weaponizing the Litigation Process - When Litigation Results in the Taking of Hostages
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Tax Alert
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Editorial Board
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Letter from the Chair
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Letter from the Chair
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Tips of the Trade: North to Alaska for an Ante-mortem Probate
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Life Settlements—the Hidden Tool to Unlock, Preserve and Rescue Value in the Estate Plan
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Tips of the Trade: Ensuring That Your Client Truly Understands the Extent of Mediation Confidentiality
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From the Chair
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Mcle Self-study Article Courts Do Not Agree on the History and Meaning of California Probate Code Section 15402
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Tips of the Trade You Don't Always Need a Formal Appraisal
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Hipaa Privacy Rules: What's an Estate Planner to Do?
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Chairs of Section Subcommittees
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Revitalizing a Stale Trust: Improvement, if Not Perfection
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After Beckwith: an Update on the Interference With Inheritance Tort in California
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Editorial Board
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Get Out, Get Out, Whoever You Are! How to Oust Occupants from Trust, Estate, or Conservatorship Real Property
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Tips of the Trade - Senate Bill 2 Imposes Additional Recording Fees Statewide: What Practitioners Need to Know to Avoid a Showdown With the Recorder
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Breslin v. Breslin: Does the "seamless Fabric" Need Tailoring?
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Until Death Do Us Part: Part Iii: the Litigation of Spousal Fiduciary Breaches Under the Family Code in the Post-death Setting
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Tax Alert
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Inside This Issue:
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Mcle Self-study Article: People v. Sanchez and Expert Use of Hearsay in Trust and Estate Litigation
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Inside This Issue:
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Private Annuities Are Fun
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Mcle Article: How to Get Rid of a Dead Body
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Editorial Board
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Litigation Alert
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Letter from the Chair
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Litigation Alert
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The New No Contest Law: New Challenges for Trusts Aid Estates Attorneys—appendix
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Letter from the Chair
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From the Editors-in-chief
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Tips of the Trade: Qualifying for the Parent-child Exclusion by Selling Trust Property to a Beneficiary Pursuant to a Right of First Refusal
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Tax Alert
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California's Recent Experience With Premarital Agreements: a Practice Guide for the Future
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An Estate Planner's Guide to Family Law Presumptions
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Mcle Self-study Article Lps, General, and Limited Conservatorships: Where We Were, Where We Are and Where We Might Be Going
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Alternatives for Funding Gifts to Minors
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Tips of the Trade: Pitfalls of Split-interest Trusts for Blended Families
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Tax Me or Don't... but Stop Stringing Me Along After Estate of Powell, Is Gifting With Strings Attached Permissible?
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"i Do ... Owe You What Now?": Spousal Fiduciary Duties and Their Impact on Trust and Estate Practitioners
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"if I Get Married, I Want to Be Very Married." the Godfather of Soul, Richard Pryor, and Other Post-death Challenges Tell Us: How Married You Are Depends on the State
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The Doctrine of Virtual Representation of Incapacitated, Minor, Unborn and Unascertained Beneficiaries in Relation to Notice of and Representation in a Probate Code § 17200 Proceeding
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Barefoot v. Jennings: a Disinherited Trust Beneficiary's Standing to Bring a Trust Contest in Probate Court Now Teeters Before the California Supreme Court
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Inside This Issue:
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Editorial Board
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Mcle Self-study Article Some Additional Issues [and Solutions?] Relating to the California Income Taxation of Estates and Trusts
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Litigation Alert
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Adventures in Forgiveness and Forgetfulness, Part 2: Intra-family Sales for Beginners
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Inclusion of Adoptees in Class Gifts to Issue: the Uncertainties and Incongruities of Probate Code Section 21115
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Editorial Staff
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A Tribute to Neil Horton
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A House Divided: the Purchase by the Surviving Spouse of an Interest in the Family Residence Following Its Allocation to a Credit Trust
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A Framework for Compliance With the Prudent Investor Act Or... Why You Did What You Did When You Did it
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From the Editor-in-chief
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Mcle Article: Conservatorship Accountings Ii: Market and Carry Values, Inventory and Appraisal, Bonds, and Using the Judicial Council Accounting Schedule Forms
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Editorial Board
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California's New Pet Trust Statute: Maybe the Legislature Will Get it Right Eventually
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Tips of the Trade: New Standard for Appellate Review of Findings Supported by Clear and Convincing Evidence
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Letter from the Editor
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To Protect and Serve - a Case to Abolish Attorney Work Product Protection as to Estate Planners' Files in Post-death Will or Trust Contests
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New Probate Code Section 6132—an Improvement or Just a Stimulus for Litigation
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Reintroduction of the Term "trustee De Son Tort" to the California Trust Lexicon
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From the Editor-in-chief
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Inside This Issue:
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The Uncertain Future of Estate Planning for Digital Assets in California
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Mcle Self-study Article: How the King (v. Lynch Case) Was Slayed: the California Supreme Court Clarifies How a Revocable Trust May Be Modified
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Dead Man Talking: Is There Life After Death for the Attorney-client Privilege?
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Advising Trustees of Special Needs Trusts
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Inside This Issue
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What Every Estate and Trust Attorney Needs to Know About Contingent Fee Representation
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Now What? Enforcement and Collection of a Surcharge Order
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California Legislation 2015: Probate Estates, Trusts, Guardianships and Conservatorships
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From the Chair
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Letter from the Chair
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Mcle Self-study Article Better Late Than Never, but Never Late Is Better: Analyzing the Timing of Certificates of Review for Gifts to Care Custodians
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Establishing a Conservatorship Based Upon Undue Influence: a Practitioner's Guide
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2019 Legislation: the Cost to Be a Lawyer Just Got Higher and Other Important Legislative Updates for Trusts and Estates Practitioners
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The Valuation Spectrum - a Winning Valuation Discount Strategy
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Breaking Up Is Easy to Do: Avoiding Mistakes That Unravel Settlements
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California's Statutory Will Needs an Update to Keep Up With Duke
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Mcle Self-study Article When, Why and How to Leave Retirement Accounts to Charity
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In This Lawyer's Opinion: a T&e Lawyer's Role in Protecting the Vulnerable Client
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Tips of the Trade: Pennies from Heaven: Inventorying, Valuing, and Distributing Coin Collections
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Discretionary Distributions: to Pay or Not to Pay?
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Chairs of Section Subcommittees
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Litigation Alert
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Transmutation by Deed in California Is a Risky Business
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Avoiding the Knot: Estate and Tax Planning for Unmarried Couples
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California Conservatorship Jurisdiction Act: New Rules for Resolving Interstate Jurisdiction
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Chairs of Section Subcommittees
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Chairs of Section Subcommittees
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Probate Code Section 1310, Subdivision (b): Its Uses and Potential Abuses
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California Trustee Compensation in Practice
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Editorial Board
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Retirement Plans Alert: the Irs Issues Final Regulations on the Minimum Distribution Rules
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Proposed Rule: Fincen Proposes Requiring Estate Planners to Report Transfers of Residential Real Property to Trusts
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Adventures in Forgiveness and Forgetfulness: Intra-family Loans for Beginners
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Qualifying Under Internal Revenue Code Section 6166: Post-death Estate Tax Deferral Through Careful Inter Vivos Planning
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Subtracting Insult from Injury: How You Can Use California's "survivor Bill of Rights" to Protect the Homes of Grieving Heirs
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Naming the New Domestic Partner Rules
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The Community Foundation Value Proposition: an Introduction to Community Foundations and the Services They Provide to Estate Planners and Their Clients
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Crossed Circuits on Estate Tax Deductibility of Disputed or Contingent Claims
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Trust and Estates Section Executive Committee
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A Lawyer Is a Lawyer Is a Lawyer
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Litigation Alert
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The "empty Chair": How to Account for the Rights of Contingent Remainder Beneficiaries in the Event of Incapacity
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Chairs of Section Subcommittees
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Post Mortem of Proposition 19: the Covid-19 of the Estate Planning World
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Litigation Alert
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Litigation Alert
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From the Chair
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Litigation Alert
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California Could Say No to Nings and Don't to Dings
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Tax Alert
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Transmutation and the Ascendance of Undue Influence
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What Attorneys Need to Know About a Client's Cognitive Capacity
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Inside This Issue
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Editorial Board
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Reports of Their Death Are Greatly Exaggerated: the Viability of No Contest Clauses Against Direct Contests Brought Without Probable Cause
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Mcle Self-study Article Trusts and Estates Mediation and the Role of the Mediator
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Out of State, Out of Mind? Not So for Conservators Since Hume.
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California's No Contest Statute Should Be Reformed Rather Than Repealed
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Mcle Self-study Article a Planner's Guide to the Long-awaited California Uniform Directed Trust Act
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The Tax Aspects of the New Uniform Principal and Income Act
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Litigation Alert
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Mcle Self-study Article Roadblocks on the Road to Probate Trials
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Mcle Article: Don't Answer That! Spouses, Families, and Privilege
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Litigation Alert
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The Basics of Derivatives for Trust and Estate Lawyers: Puts, Calls, Collars and Forwards
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Assessing and Litigating Pre-death Trust Contests: Perils, Pitfalls, and Strategies
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Mediation in Trust and Probate Practice
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Running Away Will Get You Nowhere: New Taxes Imposed on Expatriates
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Make No Mistake—estate of Duke Allows Reformation of Unambiguous Wills
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Chairs of Section Subcommittees
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Chairs of Section Subcommittees
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Inside This Issue
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Back to the Future: How to Look at an Amendment Contest After Aviles v. Swearingen
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A Legislative Proposal for Elective Administration
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From the Editor
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From the Chair
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Sharpen Your Pencil - the New Circular 230 Regulations
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Simplified Chart of Distribution Choices for Retirement Plans After Death of Plan Participant
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Probate Judges and Lawyers Don't Always Think Alike—are Probate Judges' Brains "abby Normal"?
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Client-driven Estate Planning: a Different Approach to Estate Plan Design
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The Intersection of Death and Divorce: Where Probate and Family Law Collide
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Trusts & Estates Quarterly - "the Mediation Issue"
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Party Competency in Mediation: an Ethical Brain Teaser
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Mcle Self-study Article Navigating the Complexities of Fine Art and Collectibles for Fiduciaries
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Inside This Issue:
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Chairs of Section Subcommittees
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Recent Developments in Ownership Rules: What T & E Practitioners Should Know
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Tips of the Trade: the Formula General Power of Appointment: Guaranteed Efficiency Between Estate Tax Planning and Income Tax Basis
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What About the Children? Family Allowances in the Age of the Revocable Trust - Is Parson Still Good Law and Should it Be?
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Why Federal Jurisdiction Matters: the Impact of Marshall v. Marshall on Probate Court Litigation
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Supplement to Winter 2001 Issue
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You Can Lead the Irs to the Law, but You Can't Make it Think-why Section 2053 Proposed Regulations Are Dead Wrong
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Chairs of Section Subcommittees
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Trustee's Million Dollar Question: Who Is Entitled to Notice of Trust Administration?
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Litigation Alert
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Litigation Alert
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Editorial Board
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Litigation Alert
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Chairs of Section Subcommittees
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From the Chair
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Alert Regarding Retroactivity of New Harmless Error Rule for Will Execution
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Tips of the Trade - Children Are the Enemy
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Legislative Update: Will the New No Contest Clause Legislation Prevent Fido from Contesting His Master's Will
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Inside This Issue:
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Chairs of Section Subcommittees
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Letter from the Editor
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2023 Legislation: New Laws That Trust and Estate Practitioners Should Know
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Family Law Presumptions and Passing Property at Death
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Bien-venue: Commencing Trust-related Litigation in the Proper County
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Clarity and Consistency: Final Estate Tax Regulations on Consistent Basis and Reporting
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Diversification: Recent Legal and Academic Perspectives
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Mcle Self-study Article 2022 Legislation: New Laws That Trust and Estate Practitioners Should Know
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A Charitable Catch-22: Standing for Private Attorney General Actions in California
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From the Chair
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The Jury Is Back: Where There's a Will, Finding New Ways
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Making the Other Guys Pay: Attorney Fees and the Common Fund Theory