California Trusts & Estates Quarterly (CLA)
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Chairs of Section Subcommittees
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Mcle Self-study Article Roadblocks on the Road to Probate Trials
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Shall We Check His Text Messages? the Growing Trend of Creating Wills in the Digital Age
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Reintroduction of the Term "trustee De Son Tort" to the California Trust Lexicon
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From the Chair
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Agatha Christie, Probate Litigator: Proving a Will Contest Through Circumstantial Evidence
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Chairs of Section Subcommittees
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Letter from the Editor
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Litigation Alert
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Selected Federal Tax Legislation, Cases & Rulings
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The Revocation Roadmap: How to Navigate Presumptions of Wills
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Trust and Estates Section Executive Committee
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Letter from the Chair
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Life Settlements—the Hidden Tool to Unlock, Preserve and Rescue Value in the Estate Plan
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From the Chair
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Mcle Self-study Article the Ending for California Residents? California Taxation of Incomplete Gift Nongrantor Trusts
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2017 Legislation: from Planning to Partnerships, Principal and Income to Proofs of Service: a Plethora of Promulgated Principles Practitioners Must Practice Proficiently
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From the Editor-in-chief
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Tips of the Trade: Ensuring That Your Client Truly Understands the Extent of Mediation Confidentiality
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Mcle Article: Don't Answer That! Spouses, Families, and Privilege
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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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Chairs of Section Subcommittees
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Mcle Article: How to Get Rid of a Dead Body
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Editorial Board
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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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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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Allocating Generation-skipping Transfer Tax Exemption
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Sharpen Your Pencil - the New Circular 230 Regulations
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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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Litigation Alert
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Mcle Self-study Article Navigating the Complexities of Fine Art and Collectibles for Fiduciaries
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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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Litigation Alert
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Tax Alert
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The Uncertain Future of Estate Planning for Digital Assets in California
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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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From the Editor
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California's New Pet Trust Statute: Maybe the Legislature Will Get it Right Eventually
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From the Editor-in-chief
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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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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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Establishing a Conservatorship Based Upon Undue Influence: a Practitioner's Guide
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Trustee's Million Dollar Question: Who Is Entitled to Notice of Trust Administration?
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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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Application of the Harmless Error Doctrine in California and Beyond
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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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Litigation Alert
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Litigation Alert
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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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From the Editor
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Mellinger, Fontana & Valuation Lessons
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New Domestic Partnership Legislation and Its Impact on Estate Planning and Administration
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Intellectual Property and Estates: Where Creativity and Planning Intersect
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Tax Alert
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Letter from the Editor
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Mcle Self-study Article What Do I Need to Know About the Corporate Transparency Act?
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Trust and Estates Section Executive Committee
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Chairs of Section Subcommittees
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Chairs of Section Subcommittees
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A Legislative Proposal to Abolish Enforcing No Contest Clauses in California
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Back to the Future: How to Look at an Amendment Contest After Aviles v. Swearingen
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Letter from the Chair
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Chairs of Section Subcommittees
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Tips of the Trade: Pitfalls of Split-interest Trusts for Blended Families
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Mcle Self-study Article Confusion in the Wording and Application of the Laws Governing the Entities and Individuals Conducting the Business of Acting as a Fiduciary Suggests a Need for Improvement
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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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Simplified Chart of Distribution Choices for Retirement Plans After Death of Plan Participant
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Family Vacation Homes: Planning With Qualified Conservation Contributions
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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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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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Risky Business: Family Business Succession and the Rules of Professional Conduct
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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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Tax Alert
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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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Editorial Board
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U.s. Transfer Tax System and the Non-u.s.-citizen Spouse
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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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Breslin v. Breslin: Does the "seamless Fabric" Need Tailoring?
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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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Busting the Bypass: Simplifying Irrevocable Trusts
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Litigation Alert
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Litigation Alert
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Editorial Board
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Bien-venue: Commencing Trust-related Litigation in the Proper County
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Quasi-judicial Immunity in Conservatorships: a Guide for Conservators and Their Counsel
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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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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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Application for Leave to File Amicus Curiae Brief
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It's Time to Exempt No-contest Clause Enforcement Proceedings from the Reach of the Anti-slapp Statute
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Luke, I Am Your Adoptive Father: Adult Adoptions and Inheritance - Contracting With Your "parents"
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A Practitioner's Guide to Heggstad Petitions
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Letter from the Editor
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Litigation Alert
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Fiduciaries (and Others) Beware—an Over-reaching Release May Be Voidable
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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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From the Chair
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Editorial Board
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Inside This Issue:
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Divorce Complications in Estates and Estate Planning: Together With the Unraveling of Common Provisions for the Former Spouse
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Alternatives for Funding Gifts to Minors
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Putting an End to the Shirtsleeves-to-shirtsleeves Phenomenon: a New Wealth Management Paradigm
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Chairs of Section Subcommittees
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Practice Makes Perfect: Practical Issues for the Practice Administrator
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The Planning, Administration, and Litigation of the "hems" Standard
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Thank You to Our 2024 Trusts & Estates Contributors
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A Mechanism to Empty the Bypass Trust
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Accessing the Black Box - What Every Estate Attorney Needs to Know About Attorney-client Privilege
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When They Don't Clap for Anti-slapp
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Editorial Board
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The Curious Case of Qprts: Underused and Underappreciated
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From the Editor-in-chief
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Cryptocurrencies and Trustees' Duty to Invest Prudently: Navigating Fiduciary Duties in the Age of Decentralization
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Whose Money Is it Anyway? Making Cents of the California Uniform Principal and Income Act
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Adventures in Forgiveness and Forgetfulness: Intra-family Loans for Beginners
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Discretionary Distributions: to Pay or Not to Pay?
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The New Ethics Committee of the California Lawyers Association: an Active First Year!
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Is Probate Dying? a Look at Ab 2016 and a Survey of Probate Administration Statutes for California Practitioners Preparing for the Future
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Inside This Issue:
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Sunrise, Sunset: What to Do About a Trustee With Diminishing Capacity
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Trust and Estates Section Executive Committee
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Brief of Amicus Curiae Executive Committee of the Trusts and Estates Section of the California Lawyers Association in Support of Petitioner
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Tips of the Trade: How to Help Clients Avoid Taking Cryptocurrency to the Crypt
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Weaponizing the Litigation Process - When Litigation Results in the Taking of Hostages
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Brief Survey of Western States' Laws Relevant to California Estate Planners
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Private Annuities Are Fun
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Litigation Alert
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Inside This Issue:
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Does Kaestner Have Any Relevance for the Taxation of Trusts in California?
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Alice in Tulsa-land: the Dobler Effect on Creditors of Revocable Trusts
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Planning for Family Vacation Homes
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Editorial Board
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Probate Judges and Lawyers Don't Always Think Alike—are Probate Judges' Brains "abby Normal"?
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From the Editor-in-chief
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Use of Captive Insurance in Estate and Business Planning
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Mcle Self-study Article Reconsidering the Advance Health Care Directive
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When Is Enough, Enough? Judicial Trustee Removal and Trolan v. Trolan (2019) 31 Cal.app.5th 939
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Chairs of Section Subcommittees
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Tax Alert
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Tax Issues When Settling a Trust or Estate Dispute: a Guide for the Litigator
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A Legislative Proposal for Elective Administration
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Litigation Alert
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Editorial Board
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Modification and Update of Simplified Chart of Distribution Choices Following Death of Participant of Qualified Plan/ira Under Final Regulations
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Mcle Self-study Article Ethica Ex Machina Or: How I Learned to Stop Worrying and Love Chatgpt | Ethical Considerations for Trusts and Estates Attorneys Using Generative Ai
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Mcle Self-study Article Spears v. Spears: a Shiny New Option for Enforcing a Creditor's Claim Against a Trust
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Let's Get Digital! Esi in Trust and Estate Litigation, Part 1
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A Practitioner's Guide to the Change in Ownership Rules
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Joint Representation and Advance Waivers
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Mcle Self-study Article the Rise of the Revocable Trust in California
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From Roles to Rules©: a New Model for Managing Family Dynamics in the Estate Planning Process
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Letter from the Chair
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Inside This Issue:
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Trust and Estates Section Executive Committee
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California Conservatorship Jurisdiction Act: New Rules for Resolving Interstate Jurisdiction
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A Lawyer Is a Lawyer Is a Lawyer