Listen to two TEXCOM members in this podcast where Kim McGhee, a legal specialist in Estate Planning, Trust & Probate Law by the California State Bar, certified Elder Law attorney and VA accredited attorney, discusses key incapacity issues with respect to estate planning, as hosted by Kimberly Strand. While people are living longer than ever before, incapacity later in life is also growing more prevalent, and elder abuse is on the rise.  In this podcast, we review the documents necessary for thorough incapacity planning — the considerations involved in creating them and, importantly, when and how to implement them. 

 Why planning in advance so important

• How to handle clients when you see a slipping of capacity
• The cross-over between incapacity and elder abuse
• Current challenges with conservatorships

 Kimberly R. McGhee, is the principal attorney at Black & McGhee, A Professional Law Corporation. She is a Certified Elder Law Attorney by the National Elder Law Foundation, a Certified Specialist in Estate Planning, Trust & Probate Law by the State Bar of California Board of Legal Specialization, V.A. Certified Accredited Attorney, and member of the California Lawyers Association, Trusts and Estates Executive Committee (TEXCOM). She is the Past-President of the Southern California National Academy of Elder Law Attorneys, Member of the Thomson Reuters Practical Law Trusts & Estates Advisory Board, and contributing author and editor for CEB’s Trusts & Estates practice guide. She is licensed in California and Nevada.

Kimberly A. Strand, Esq. is a shareholder at Ellerman Strand, a Professional Law Corporation in Cameron Park, California. She received her J.D. degree, with honors, from the State University of New York at Buffalo. She practices in the areas of estate planning, trust and probate administration, and conservatorships. She also represents private fiduciaries and public administrators in probates, trust administrations, and conservatorship matters.  She serves on the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM).

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Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons and Todd Gajdusek

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons and Todd Gajdusek

Show Notes:

Licensed Professional Fiduciaries play a key role in the trusts and estates ecosystem in California. In this episode, we discuss the role that professional trustees play in trust administration, and the skills and experience they bring to bear in order to secure the legacies and wishes of the clients they serve.  

 About Our Guest:

 Marguerite Lorenz is a California Licensed Professional Fiduciary and a Master Certified Independent Trustee. Marguerite is a managing partner at Lorenz Private Trustees. Marguerite serves as Vice Chair of the Board of the Independent Trustee Alliance, a national organization for trustees across the country. She speaks and writes frequently, and she authored the books Ethics for Trustees and Ethics for Trustees 2.0.

Look for Marguerite’s new books, “Luck or Control”, and “How to be a Successful Ninety-Year-Old”, scheduled for release in late 2025.

Marguerite can be reached at [email protected] or on LinkedIn.

About Our Host: 

 Matt Owens is a partner in the San Diego (Del Mar) office of Sheppard Mullin. His practice is focused on trust, estate, and inheritance disputes. Matt is a certified specialist in estate planning, trust, and probate law by the State Bar of California Board of Legal Specialization. He is a Fellow of the American College of Trust and Estate Counsel (ACTEC), and he is a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM).

 Matt can be reached at [email protected] or on LinkedIn.

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons and Todd Gajdusek

New laws were enacted in 2024 that affect California trust and estate practitioners. Join our two speakers, attorneys Jadene M. W. Tamura and Mara M. Mahana, on this episode as they describe the highlights of the new laws and how they affect trusts and estates practice, estate and trust litigation, incapacity proceedings, and more.

About Our Podcast Speakers:

Jadene M. W. Tamura is a Shareholder and Co-Chair of the Trusts & Estates Department at Parker Milliken, practicing in the areas of trust and estate planning, administration, and litigation. Jadene is a certified specialist in estate planning, trust, and probate law by the State Bar of California Board of Legal Specialization, and is a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM). Jadene may be reached at [email protected].

Mara M. Mahana is a Senior Wealth Strategist and Executive Director at Wells Fargo Bank. Mara works with high- and ultra-high net worth clients to review, develop, and consult on estate and wealth transfer plans, taking into consideration clients’ unique values, needs and circumstances. Prior to joining Wells Fargo Bank, Mara was a practicing attorney with 20 years of experience in trust and estate law.  Mara is a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM).

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Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons and Todd Gajdusek

Complicated clients need complicated planning.  And as years go by, those complications may have led to the creation of multiple trusts for the next generation.  Children and grandchildren who benefit from those multiple trusts often come to their attorneys and ask, “What can we do to simplify?”  The top-of-mind answer for many planners is to find a way to combine these trusts.  In this episode of Trust Me!, our guests, Andrew Katzenstein and Cary Robbins of Proskauer Los Angeles, discuss what to consider when combining trusts. 

 About Our Guests:

Andrew Katzenstein is a partner in the Private Client Services Department of Proskauer Los Angeles where he assists high net worth individuals, companies and charitable organizations with all aspects of tax and estate planning. He focuses his practice on tax planning matters, which include estate, gift and generation-skipping tax planning, as well as income tax of trust planning, probate and trust administration matters, resolving disputes between fiduciaries and beneficiaries, and charitable planning. Andrew can be reached at: [email protected]

 Cary Robbins is a partner in the Private Client Services Department of Proskauer Los Angeles.  Cary provides sophisticated estate and tax planning advice to individuals and families, with an emphasis on the multigenerational transfer of wealth.  She works with clients from a variety of backgrounds, including real estate investors, entrepreneurs, business owners, private equity principals, and individuals with inherited wealth.  She also routinely counsels clients on their charitable giving and assists clients with the formation and administration of private foundations to meet their charitable goals. Cary can be reached at: [email protected]

About Our Host:
Host Anna Soliman is Trust Counsel and Chief Fiduciary Officer of Fiduciary Trust International of California. Prior to joining Fiduciary Trust International, Anna was an estate tax attorney for the Internal Revenue Service and also worked in private practice, specializing in estate planning and trust administration for ultrahigh net worth individuals.  She is also a TEXCOM member and the Vice-Chair of the Fiduciary Income Tax Section of the American Bar Association. 

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons and Todd Gajdusek

Show Notes:

Breslin and Smith and Farrant, oh my! The road to speedy probate trials has become more challenging over the last few years due to recent case law. Practitioners who intend to steer their trust and estate litigation matters to trial must be prepared for the roadblocks they will face along the way. In this episode, two trust-and-estate litigators identify such roadblocks, as well as effective strategies for getting through them or avoiding them altogether.

About Our Guest:

Golnaz Yazdchi
Golnaz is a partner in the San Diego (Del Mar) office of Sheppard Mullin. Her practice focuses exclusively on disputes over trusts, estates, conservatorships and other fiduciary matters. Golnaz is a graduate of Loyola Law School and she is member of the Trusts and Estates Section of the California Lawyers Association. She has been selected by Best Lawyers and Super Lawyers in the practice area of trust and estate litigation.

Golnaz can be reached at [email protected].

About Our Host: 

Matt Owens
Matt is a partner in the San Diego (Del Mar) office of Sheppard Mullin. His practice is focused on trust, estate, and inheritance disputes.

Matt is a certified specialist in estate planning, trust, and probate law by the State Bar of California Board of Legal Specialization. He is a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM), and served as Chair of the Executive Committee of the San Diego County Bar Association's Estate Planning, Trust, and Probate Law Section. He is ranked by Chambers in Private Wealth Disputes.

Matt can be reached at [email protected] or on LinkedIn.

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons and Todd Gajdusek

The aftermath of trust litigation brought by beneficiaries against trustees is too often a lawyer malpractice claim against the drafting lawyer.  Listen to Sean McKissick and Kristin Yokomoto discuss the 1958 balancing test applied to lawyer malpractice cases and the messages from the courts in recent cases.

 About Our Guest:  Sean McKissick

Sean McKissick is a partner at Downey Brand LLP in Sacramento, California, where he specializes in trust and estate litigation.  He serves as the Vice Chair of the Probate and Estate Planning Section of the Sacramento County Bar Association.  He is the current Editor of Trust on Trial, a blog focusing on trust and estate litigation in California that was founded by the Honorable Jeffrey Galvin prior to his ascension to the bench.  Listeners can receive Sean’s blog posts via email as they are posted by subscribing at https://www.trustontrial.com/subscribe/. 

 About Our Host:  Kristin Yokomoto

Kristin Yokomoto, Esq., is a partner at Baker & Hostetler LLP in Costa Mesa, California. She practices in the areas of estate planning for high net worth clients, business succession planning, trust administration, and probate. She is a Legal Specialist in Estate Planning, Trust & Probate Law certified by the State Bar of California. Kristin is a Fellow of the American College of Trust and Estate Counsel (ACTEC), Executive Committee Member of the CLA Trust and Estate Section (TEXCOM), and Committee Member of the Orange County Bar Association Professionalism & Ethics Committee.

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons and Todd Gajdusek

Land Back is an Indigenous-led movement focused on returning land to Indigenous Tribes in a way that strengthens Indigenous sovereignty and communities. This episode features a discussion about how Land Back comes up in the context of estate planning and introduces key concepts for estate planners, financial advisors, and tax advisors to assist clients in taking such
action.

About Our Guests:
Alma Soongi Beck is an attorney in  Lathrop GPM Private Client Services Practice Groups. Beck is certified as a specialist in estate planning, trust, and probate law by the State Board of Legal Specialization, and her practice focuses on trusts, charitable planning, gift and estate tax planning, and post-death administration including trust administration and probate. She speaks regularly on estate planning issues affecting LGBTQ+ and unmarried couples, on the evolution of gender and parentage in estate planning and administration, and on Land Back to Indigenous Tribes. She has previously served on the boards of the Transgender Law Center, Our Family Coalition, Bay Area Lawyers for Individual Freedom (BALIF) and the Korean American Bar Association of Northern California (KABANC). Prior to joining Lathrop GPM (formerly Hopkins & Carley), Alma was a partner at Lakin Spears, LLP, as well as founder and principal attorney for The Beck Law Group, P.C. A Korean American child of immigrants, Beck had led workshops on implicit bias for legal professionals, college students, and climate organizations since the 1990s, most recently for the Climate Reality Project Bay Area Chapter. 

Jo Carrillo JD/JSD is Professor of Law and Faculty Director of the Indigenous Law Center (ILC) at UC Law San Francisco (formerly UC Hastings). For over three decades, Carrillo has taught and written extensively in property and property-related subjects, including Federal Indian Law. Carrillo earned her BA from Stanford University, her JD from the University of New Mexico, and her JSD from Stanford Law School. She is a member of the Order of the Coif, the American Law Institute, and a former Trustee of the Law & Society Association; she was a
Visiting Scholar at The Center for the Study of Law & Society at UC Berkeley Law, and a Visiting Professor at Stanford Law School. As Faculty Director of the UC Law Indigenous Law Center, Carrillo facilitates a seminar series called Law &. This series brings lawyers, students, and California Tribal leaders into the law school classroom to discuss land back and land stewardship issues. Recently, again with assistance from the Resources Legacy Fund, Carrillo has undertaken to study land back transfer documents. Carrillo has served on the UC Law SF Legacy Committee. She now serves on the UC Law SF Restorative Justice Advisory Board, which counsels UC Law SF Chancellor and Dean David Faigman on decanal initiated restorative justice efforts for Indigenous communities in California. As a long-term project, Carrillo is co-editing a volume, with UCLA Professor of History Benjamin Madley, on redressing 19 th century state sponsored harms against California Indigenous Peoples.
.
About Our Host:
Erika Gasaway is a trust and estate litigation partner who was fomerly with Hopkins Carley, which is now LathropGPM. She is on the nationwide Private Client Services team and co-chairs the Trust & Estate Litigation Task Force. She is based in San Jose, California where she represents ultra-high and high net worth families, fiduciaries, and family offices to resolve disputes as various phases of their life cycles. Erika is a member of the California Lawyer’s Association Trust and Estate Section’s Executive Committee (“TEXCOM”).

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons and Todd Gajdusek

Estate planners not only help clients plan for what happens at death. Nowadays, especially with the high divorce rates, trust and estate lawyers also need to be mindful of how certain planning will play out in the event of a divorce.  In this episode of Trust Me!, we discuss what estate planners should know about the basics of family law.

About Our Guest:

Vanessa Soto Nellis is a Shareholder and Chair of the Family Law Practice Group of Lewitt Hackman.  She is also a Certified Specialist in Family Law.  She prides herself on bringing “calm to crisis” in family law matters, by focusing clients on the big picture, even in high-conflict divorce and child custody situations. Representing individuals in all aspects of family law in Southern California, Vanessa counsels and litigates for clients in dissolution (or divorce) matters, spousal support, child support, visitation rights, cohabitation, prenuptial and postnuptial agreements, and other family law matters.

Vanessa was designated one of the Best Lawyers in America in Family Law in 2024 by Best Lawyers Magazine, and a Southern California Super Lawyer (2018-present) and Rising Star (2007-12 and 2015-17) by Super Lawyers Magazine. The publication also named her one of Southern California’s Up-and-Coming 50 Women Attorneys, as well as one of the Up-and-Coming 100.

Vanessa is a member of the State Bar of California, San Fernando Valley Bar Association (SFVBA), SFVBA Family Law Executive Committee, Los Angeles County Bar Association, and the Ventura County Bar Association. She co-founded Women To Women, a professional network here in Los Angeles.

Vanessa can be reached at: [email protected]

About Our Host:
Host Anna Soliman is Trust Counsel and Managing Director for Fiduciary Trust International of California out of the Los Angeles Office.  She is also the Chief Fiduciary Officer of their California trust business. Prior to joining Fiduciary Trust International, Anna was an estate tax attorney for the Internal Revenue Service and also worked in private practice, specializing in estate planning and trust administration for ultrahigh net worth individuals.  She is also a member of the Trust and Estates Section of the California Lawyers Association and is a Vice-Chair of the Fiduciary Income Tax Section of the American Bar Association. 

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons and Todd Gajdusek

What enhanced remedies are parties entitled to recover under Probate Code section 859? Is it double damages, triple damages, or something else? There has been a district split, and now even a division split, on whether parties can receive “double damages” under Section 859. Recent case law sheds light on this issue, and the guests on this episode were counsel of record in two of those recent cases, enabling them to share key insights and an overview of where the law stands now on Section 859.

 About Our Guests:

 Cheryl Walsh

 Cheryl is an attorney at the Law Offices of Cheryl Walsh in San Juan Capistrano, California. She handles estate planning, trust and estate administration, trust and estate litigation, conservatorships, and elder law. Cheryl is a graduate of Loyola Law School and she is member of the Trusts and Estates Section of the California Lawyers Association. 

 Cheryl can be reached at [email protected].

 Scott Ingold

 Scott is a partner at Higgs Fletcher & Mack in San Diego. He is a trust and estate litigator, licensed in both California and Nevada. Scott is a graduate of California Western School of Law, is a board member of the Probate Attorneys of San Diego, and is a member of the Trusts and Estate Section of the California Lawyers Association. 

 Scott can be reached at [email protected].

 About Our Host: 

 Matt Owens is a partner in the San Diego (Del Mar) office of Sheppard Mullin.  His practice is focused on trust, estate, and inheritance disputes.

 Matt is a certified specialist in estate planning, trust, and probate law by the State Bar of California Board of Legal Specialization. He is a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM), and served as Chair of the Executive Committee of the San Diego County Bar Association's Estate Planning, Trust, and Probate Law Section. He is ranked by Chambers in Private Wealth Disputes.

 Matt can be reached at [email protected], on LinkedIn, or on X.


Sound Engineer: Cat Hammons

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons and Todd Gajdusek