There was a problem adding this course to your account. Please try again in a few minutes. If the problem persists, you can contact our support department at (877) 880-1335.
Adding Registration, Please wait...
You must be logged in to perform this action.
Log in
Cancel
Imperfect Grafts: Legislative and Judicial Additions to California Probate Code Sections 15300 et seq
California Trusts and Estates Quarterly Vol. 25, Issue 2, 2019
Credit(s):
1 Legal Specialization in Estate Planning; Trust & Probate Law
1 Self-Study Credit
A spendthrift trust is intended to prevent both the voluntary and involuntary transfer of a beneficiary’s interest in a trust. Jurisdictions across the country struggle with the fundamental question surrounding such trusts: What creditor protections should be afforded to a beneficiary of a spendthrift trust? California permits spendthrift trusts subject to certain limitations as set forth in California Probate Code sections 15300, et seq. Spendthrift trust law underwent a number of statutory changes in the 1980’s as the answer to the fundamental question changed and spendthrift protections were relaxed in a number of ways. The fallout from the changes—and attempted corrections—in the 1980’s eventually garnered the attention of the Bankruptcy Appellate Panel (“BAP”), of the Ninth Circuit Court of Appeals (“Ninth Circuit”), and the Supreme Court of California when spendthrift trust beneficiary Rick Reynolds filed for bankruptcy in 2009. The decisions in the Reynolds case demonstrate the problem that was created with the Legislature’s addition of Probate Code section 15306.5 in 1986 without reconciling it with Probate Code section 15307.
1 Legal Specialization in Estate Planning; Trust & Probate Law
1 Self-Study Credit
Self-Study Article
Standard
Non-Member
$20.00
Customers Who Bought This Item Also Bought
(Self Study Articles) International Estate Planning: Traps and Tips for the Domestic Estate Planner
(Self Study Articles) The Intersection of Death and Divorce: Where Probate and Family Law Collide
(Self Study Articles) Tax Planning Using California’s Decanting Statute
(Self Study Articles) Tax Issues When Settling a Trust or Estate Dispute: A Guide for the Litigator
(Self Study Articles) The California Throwback Tax Applicable to Distributions of Previously Untaxed Accumulated Trust Income to California Resident Beneficiaries
(OnDemand) Moore/Marsden and Related Real Property Apportionment Calculations
(Self Study Articles) Can I Drive Home After Happy Hour? Have Booze and Cannabis Changed Things?
(Self Study Articles) Till Death Do We Litigate That Divorce
(CLEtoGo (Podcasts)) Covid-19 & Your Law Firm: 8 Strategies to Survive the Crisis
(CLEtoGo (Podcasts)) Mental and Emotional Wellness for Lawyers During COVID-19
(Self Study Articles) “Black Lives Matter” Murals: Intellectual Property Vs. Real Property Rights
(Self Study Articles) Life Settlements—The Hidden Tool to Unlock, Preserve and Rescue Value in the Estate Plan
We are committed to accessibility! All OnDemand programs after January 1, 2022 include closed captioning. To request closed captioning for a program older than January 1, 2022, send us a note at accessibility@calawyers.org or contact us at 916-516-1760 for assistance.
Adding Registration, Please wait...
