Lexis Nexis California Trust Practice
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An Essential Resource for Advising the Non-professional Trustee
California Trust Practice contains all the analysis, practice commentary, forms and checklists you need to advise the non-professional trustee, from the leading experts in the field. This one-volume, loose-leaf publication also comes with a downloadable file, which includes forms and checklists from the print product.
Annually updated, the California Trust Practice guide is a must for lawyers, accountants and financial consultants who advise non-professional trustees. Key sections are conveniently cross-referenced to forms and other treatises.
California Trust Practice helps you:
• Advise the non-professional trustee
• Allocate and distribute assets to the bypass and marital deduction trusts
• Implement and use the administrative trust
• Handle claims by and against post-mortem trusts
• Evaluate the need for court supervision
Each subscription includes one copy of the Client's Guide to Administering the California Trust. When a surviving spouse is called upon to administer a trust, generally, she has no training in this capacity, but has many questions. The Client's Guide to Administering the California Trust explains, in layman's language, the responsibilities and requirements of acting as a noninstitutional trustee. You can help your clients to be better-educated trustees by providing a copy of this pamphlet each time you begin a trust administration. Additional copies may be purchased separately.
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Featured Authors
John A. Hartog
John A. Hartog is a California certified specialist in Estate Planning, Trust and Probate Law, as well as a California certified specialist in Taxation Law. Mr. Hartog’s practice emphasizes estate planning, trust and probate administration, including dispute resolution, and taxation matters. Mr. Hartog possesses particular expertise in counseling trustees administering living trusts and in resolving disputes among beneficiaries and fiduciaries.
Mr. Hartog was admitted to the Bar in 1979. He earned an L.L.M. in Taxation from the Golden Gate University of Law in 1984; his J.D. degree from Hastings College of the Law, University of California, in 1979; and his B.A. degree, cum laude, from Pomona College in 1974.
Mr. Hartog is a Fellow of the American College of Trusts and Estates Counsel. Mr. Hartog is a past Chair of the Executive Committee of the Trusts & Estates Section of the California State Bar. He is also a past Chair of the Estate Planning, Trust and Probate Law Advisory Commission to the Board of Legal Specialization of the California State Bar. Mr. Hartog has served as a Lecturer at the University of California, Berkeley Law School (Boalt Hall) where he taught "Wills and Trusts."
He has been selected to the Super Lawyers® Top 100 list by his peers for twelve consecutive years. He has been selected for inclusion in The Best Lawyers in America by his peers for ten consecutive years. He has also been selected by Worth Magazine as one of "America's Top 100 Lawyers" for three consecutive years.
Mr. Hartog is the lead consulting editor for the Matthew Bender publication California Trust Litigation, released in March 2011. Mr. Hartog is a co-author of California Trust Practice, released by Matthew Bender in November 1996, and updated annually thereafter. Mr. Hartog is the lead consulting editor and a co-author for the Matthew Bender publication California Wills & Trusts, a multi-volume treatise; he is also a legal consultant to the California Wills and Trusts document assembly program. The treatise and document assembly program were originally released in September 1991 and have been updated annually thereafter. He is a past Executive Editor of the California Trusts & Estates Quarterly, the journal of the Trusts & Estates Section of the California State Bar.
Mr. Hartog has written numerous articles for a variety of professional publications. He has spoken widely on topics concerning trusts and estates law at professional continuing education programs from Boston to Honolulu, from Seattle to New Orleans, and throughout California.
Mr. Hartog is a member of the Alameda County, Contra Costa County, and American Bar Associations. Mr. Hartog is a member of the Tax Section and the Trusts & Estates Law Section of the State Bar of California. He is also a member of the Taxation Section, and Real Property, Probate and Trust Law Section of the American Bar Association. Mr. Hartog is admitted to practice before the California Supreme Court, the Ninth Circuit Court of Appeals, the United States Tax Court, the District of Columbia Court of Appeals, and the New York State Court of Appeals.
Table of contents
CHAPTER 1 FIRST STEPS IN POST-DEATH ADMINISTRATION
CHAPTER 2 ADVISING THE NONPROFESSIONAL TRUSTEE
CHAPTER 3 ESTABLISHING THE DECEDENT'S SHARE AS A NEW TAXPAYER: CREATING THE ADMINISTRATIVE TRUST
CHAPTER 4 ALLOCATION OF ASSETS
CHAPTER 5 DISTRIBUTING ASSETS TO THE SUBTRUSTS
CHAPTER 6 CLAIMS BY AND AGAINST POST MORTEM TRUSTS
CHAPTER 7 TRUSTEE'S INVESTMENT DUTIES AND POWERS
CHAPTER 8 FIDUCIARY ACCOUNTS
CHAPTER 9 EVALUATING THE NEED FOR COURT SUPERVISION
CHAPTER 10 CONFLICTS, CONFIDENTIALITY AND ETHICS
CLIENT'S GUIDE TO ADMINISTERING THE CALIFORNIA TRUST
