Trust Me

In this episode, our guest Michael DiBernardo will be diving into the exciting world of fiduciary income taxation.  This episode is geared towards practitioners who don’t deal with trust income tax rules on a daily basis.  We will discuss a basic and practical overview of fiduciary income tax as it relates to estate planning and trust administration.   

About Our Guest:

Mike DiBernardo is a Certified Public Accountant specializing in tax and accounting solutions for small businesses. As a Certified Tax Coach, he is highly skilled in tax planning and creates sophisticated strategies to minimize taxes for businesses and their owners.

Mike has been practicing as an accountant for almost 10 years. He graduated Summa Cum Laude from the University of California, Los Angeles (UCLA) with a Bachelor of Arts in Business Economics and a Minor in Accounting. Prior to founding DiBernardo & Company, P.C., he worked with Fortune 500 and other publicly traded companies on complex domestic and multinational transactions at PricewaterhouseCoopers.  Mike can be reached at: [email protected]  Mike also published an article that can be found here:
https://www.trustestatecpa.com/site_images/California_CPA-March-April_2021-2.pdf

About Our Host:
 Host Anna Soliman is Trust Counsel and Managing Director for Fiduciary Trust International of California out of the Los Angeles Office. 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 is involved with the Fiduciary Income Tax Section of the American Bar Association.

Trust Me is produced by Foley Marra Studios

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons

This Episode of “Trust Me” is Part 2 of a multi-episode series, which features an interview with Ryan Szczepanik and Ciarán O’Sullivan, the co-authors of the article: “When They Don’t Clap for Anti-SLAPP.” The article appeared in the California Trusts and Estates Quarterly, Volume 28, Issue 1, published in 2022 by the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (“TEXCOM”). 

In our first episode with Ryan and Ciarán, we covered the general use of SLAPP lawsuits and anti-SLAPP motions. In this episode, we discuss the application of anti-SLAPP motions in trust and estate disputes, policy considerations and potential legislation concerning anti-SLAPP motions in trust and estate cases, and practical tips for handling anti-SLAPP motions in the probate court.
 
About our Guests:

Ryan J. Szczepanik, J.D., is a California Certified Specialist in Estate Planning, Trust and Probate Law. He is a Member of TEXCOM.

Ciarán O'Sullivan has litigated the entire range of trust and estate related disputes since 1998. He is a Member of TEXCOM, and is the current chairman of its Litigation sub-committee. He is a frequent writer and presenter on topics of interest to Trusts and Estates litigators, and has published articles in the Trusts and Estates Quarterly, the Daily Journal, and elsewhere on trial and appellate procedure.  
 
 About our Host:

Kevin Bryce Jackson represents fiduciaries and individuals throughout California in a wide range of trust and estate matters. He is the New Lawyers Section’s liaison to TEXCOM.

If you have questions, comments, and/or suggestions for future topics, please email Anna Soliman at [email protected]

Trust Me is Produced by Foley Marra Studios
www.thefoleymarrastudios.com

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons

This Episode of “Trust Me” is Part 1 of a multi-episode series, which features an interview with Ryan Szczepanik and Ciarán O’Sullivan, the co-authors of the article: “When They Don’t Clap for Anti-SLAPP.” The article appeared in the California Trusts and Estates Quarterly, Volume 28, Issue 1, published in 2022 by the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (“TEXCOM”). 

In our first episode with Ryan and Ciarán, we have a conversation about the general use of SLAPP lawsuits and anti-SLAPP motions. Later in the series, we discuss the application of anti-SLAPP motions in trust and estate disputes, policy considerations and potential legislation concerning anti-SLAPP motions in trust and estate cases, and practical tips for handling anti-SLAPP motions in the probate court.
 
 About our Guests:

Ryan J. Szczepanik, J.D., is a California Certified Specialist in Estate Planning, Trust and Probate Law. He is a Member of TEXCOM.

Ciarán O'Sullivan has litigated the entire range of trust and estate related disputes since 1998. He is a Member of TEXCOM, and is the current chairman of its Litigation sub-committee. He is a frequent writer and presenter on topics of interest to Trusts and Estates litigators, and has published articles in the Trusts and Estates Quarterly, the Daily Journal, and elsewhere on trial and appellate procedure.  
 
About our Host:

Kevin Bryce Jackson represents fiduciaries and individuals throughout California in a wide range of trust and estate matters. He is the New Lawyers Section’s liaison to TEXCOM.

If you have questions, comments, and/or suggestions for future topics, please email Anna Soliman at [email protected]

Trust Me is Produced by Foley Marra Studios
www.thefoleymarrastudios.com

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons

This Episode of “Trust Me” features an interview with Josh Yager, co-author of the article “How Much is Too Much? Trustee Compensation and an Analysis of California Rules of Court, Rule 7.776.” The article appeared in the California Trusts and Estates Quarterly, Volume 27 issue 1, published by TEXCOM in 2021. Our conversation takes us on a deep dive of California Rules of Court Rule 7.776, breaking down each of the eight factors courts are to consider when determining a trustee’s fee. We also discuss the importance of establishing a good governance policy at the outset of a trust administration,  and what documentation is crucial in supporting a trustee fee request. 

About our Guest:
Josh Yager is a recognized expert on the management and oversight of trust assets. He lectures and writes extensively on the policies, procedures and practices for the prudent administration of trusts. He has been invited to speak to various Bar associations, CPA chapters, estate planning councils, Professional Fiduciary Association forums and AICPA national events.
Josh has testified on the subject of prudent trustee governance practices before the Texas Pension Review Board, the Alaska Retirement Management Board and has provided expert testimony within the California courts.

About our Host:
Host Herb Stroh is a member of McCormick Barstow LLP, practicing in the San Luis Obispo office. Mr. Stroh is a Certified Specialist in Estate Planning, Trust, and Probate by the State Bar of California Board of Legal Specialization, past Chair of TEXCOM, and represents the Committee on the CLA Board of Representatives. He has extensive experience in all aspects of trust, probate, conservatorship, and guardianship litigation.  He also advises clients on estate planning, administration of trusts, probate estates, special needs trusts, and conservatorships.

If you have questions, comments, and suggestions for future topics please email Herb at [email protected]

Trust Me is Produced by Foley Marra Studios
www.thefoleymarrastudios.com

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons

Vulnerable elders too often fall victim to predators who marry them for financial gain.  But how should we balance the fundamental right to marry and enjoy companionship with protecting elders from financial abuse?

Our guest Ellen McKissock shares her perspective on predatory marriage, including the case that got her thinking about this subject and her journey towards legislative reform.  Ellen was a lead proponent of California Assembly Bill 328, which Governor Brown signed in 2019.  AB 328 modified the Probate Code to make it more difficult for paid caregivers to take advantage of elders through marriage under suspicious circumstances.

Ellen opens the conversation by reflecting on her years of service with TEXCOM, the Executive Committee of the Trusts and Estates Section of the California Lawyers Association.  She encourages trusts and estates lawyers to apply to serve on TEXCOM.  (Note: Applications are available on the CLA website and due by March 1.) 

About Our Guest:

Ellen McKissock is a shareholder at the law firm of Hopkins & Carley based in San Jose.  Ellen has been a litigator for almost forty years, with the second half of her career focused on trusts and estates litigation.  She is the immediate past chair of TEXCOM and a Fellow of ACTEC, the American College of Trust and Estate Counsel.  Ellen works on disputes in the areas of financial elder abuse, trust and will contests, complex accountings, and breaches of fiduciary duty.  She is the author of several articles for Trusts and Estates Quarterly, including “Marrying Into Elder Abuse” and “A New Use for Confidential Marriage: Elder Abuse.”

About Our Host:

Jeffrey Galvin is a partner at Downey Brand LLP based in Sacramento.  He litigates trust and estate disputes around Northern California, representing trustees and beneficiaries.  Many of his cases involve allegations of mental incapacity or undue influence.  Jeff created and edited the blog Trust on Trial, which covers California trust and estate litigation.  Like Ellen, Jeff is a member of TEXCOM. 

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons

Our guests for this episode are two former IRS Estate and Gift Tax Attorneys, Eva Wolf and Michael Perlmutter. Eva and Michael will discuss the general audit process for Estate and Gift Tax returns. They will also cover common mistakes made based on their extensive experience in auditing hundreds of these returns.

About Our Guests:

Eva Wolf is currently a Senior Attorney in the Passthroughs & Special Industries division of the IRS Associate Office of Chief Counsel, where she advises IRS examination groups and taxpayers regarding the correct interpretation and application of federal transfer tax laws, in part by writing Treasury Regulations, PLRs, and CCAs. At the beginning of her legal career, she worked in the IRS Estate & Gift Tax division as an estate tax attorney. She then moved to private practice and, until a year and a half ago, she was a partner at Withers Bergman, and prior to that she was a partner at Mitchell Silberberg & Knupp – both in their Los Angeles offices. She is also an Adjunct Professor at Loyola Law School, where she teaches Estate & Gift Tax. She can be reached at: (202) 317-3893

Michael Perlmutter is a licensed attorney, CPA and Valuation Specialist at Perlmutter Law and Valuation, Inc. Michael is an experienced valuation expert with an extensive 27-year career at the Internal Revenue Service as an Estate Tax Attorney, Revenue Agent and Valuation Specialist. His IRS career provided invaluable exposure to complex valuation issues involving a multitude of different assets. Michael has written IRS valuation related training materials, taught and mentored IRS attorneys, is a frequent presenter at seminars, and is also an instructor at UCLA Extension. He 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. 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 is involved with 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

Our guest for this episode, Terrence M. Franklin, shares an incredible story of a Last Will and Testament from 1846 that played a very important role in his family history. He hopes that telling this story can help bend the arc of history towards justice.  

About Our Guest:

Terrence M. Franklin is a partner at Los Angeles based firm Sacks Glazier Franklin & Lodise.  He is a seasoned attorney with nearly three decades of experience handling trust and estates and probate litigation, disputes and appeals. Terry is also a member of ACTEC (the American College of Trust and Estate Counsel) and was the immediate past Chair of the Diversity, Equity and Inclusion Committee.  He’s also served as Chair of the Diversity Committee of the Real Property Probate and Trust Law Section of the American Bar Association.  He 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. 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 is involved with 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

In this month’s episode of Trust Me! we interview Chelsea Suttmann and Melissa Karlsten, authors of a recent article entitled “Advanced Planning—A Decade in Review: What Have We Learned Over the Last Decade and Where Are we Headed?” The article appeared in Volume 27, Issue 1 of the California Trusts and Estates Quarterly published by the Trusts and Estates Section of the California Lawyers Association.

We discuss changes and threatened changes in estate tax law from 2010 forward, from the fiscal cliff “use-it-or-lose-it” estate tax exemption planning to the Tax Cuts and Jobs Act of 2017. We next turn our attention to the estate tax proposals before Congress, particularly the Biden Administration’s “Build Back Better” plan. Although the legislation is still very fluid, listeners will get a sense of what might be coming our way in the near future. We also reflect on the lessons learned through the twists and turns of estate tax law in the last decade, and what planners should be thinking about and discussing with their clients as we move into 2022.

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons

In writing or performing, it is important to know your audience.  In probate litigation, your audience is often the judicial officer presiding over the case.  In this podcast, we sit down with Judge David J. Cowan to get his view on some key topics in handling contested probate proceedings.

First, we explore the subject of pleadings and crafting a petition to tell a story.  We next discuss bench trials and how Judge Cowan approaches them, including how he considers testimony on mental capacity and susceptibility to undue influence.  Lastly, we discuss a bit narrower of a topic, relating civil cases to probate cases, which Judge Cowan currently oversees.

This podcast should provide some insight on how a judicial officer may look at your case.

About Our Guest

Judge David J. Cowan is Supervising Judge of the Civil Division of the Los Angeles County Superior Court.  He previously served as Supervising Judge of the Probate and Mental Health Division of the Superior Court.  Judge Cowan is also a member of the Probate and Mental Health Advisory Committee to the Judicial Council of California as well as former vice-chair of the Probate Law Committee of the California Judges Association.

About Our Host

Ryka Farotte is a research attorney at the Los Angeles County Superior Court.  He is currently a member of the Executive Committee of the California Lawyer Association’s Trusts and Estates Section.

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons

The trustee is in the driver’s seat in how a trust is administered, deciding when and how assets will be allocated.  Parents who create trusts to benefit their children often pick one or more of them to serve as trustee.  The beneficiaries become unhappy with what the trustee is doing or failing to do.   A lawyer hired by the beneficiaries may file a petition in the Superior Court asking the judge to remove the trustee.

When is enough, enough?  What factors will a California probate judge consider when deciding whether to remove a trustee?  In this episode, we discuss Trolan v. Trolan, a case involving six sibling co-trustees, the Court of Appeal provided guidance to trustees, beneficiaries and their lawyers and explore the subject of trustee removal litigation.  The key statute is California Probate Code section 15642.  We’ll also talk about how disputes might be resolved in mediation, which a probate judge can require under Breslin v. Breslin.

About Our Guests:

Denise E. Chambliss is a shareholder at Hoge Fenton Jones & Appel based in San Jose.  She chairs the firm's Trust and Estate Practice Group and its Trust and Estate Litigation Practice Group.  She litigates trust and estate cases across California and wrote an article on Trolan that appeared in Trusts and Estates Quarterly.  Denise was the lead attorney in a published case of first impression, Wilkin v. Nelson, in which the court granted judicial reformation of a decedent’s pour-over will to exclude unintended community property.  

As an Alameda County Superior Court judge for over 20 years, Judge Marshall Whitley developed a statewide reputation as an expert in trust and estate cases.  He served as Supervising Judge, Judicial College faculty, Chair of the Probate Section for the Judicial Council’s Education & Research Committee, and Chair of the Council’s Probate Advisory subcommittees on Trusts and Rules & Forms.  As a law professor, Judge Whitley taught Taxation, Wills & Trusts, Probate Procedure, and Mediating Trust & Estate Disputes.  Currently a mediator – arbitrator - special discovery master, Judge Whitley helps resolve complex disputes involving technical and highly emotional issues.  He is a member of the panel at ADR Services, Inc.  

About Our Host:

Jeffrey Galvin is a partner at Downey Brand LLP based in Sacramento.  He litigates trust and estate cases around Northern California, representing trustees and beneficiaries.  He created and edited the blog Trust on Trial, which covers on California trust and estate litigation.  He is a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association. 

Thank you for listening to Trust Me!

Trust Me is Produced by Foley Marra Studios
Edited by Cat Hammons