Section Probate and Estate Planning


The Probate and Estate Planning Section covers substantive and procedural law governing trustees, probate estates, guardianships, conservatorship and other matters affecting trusts and estates and administration. The section offers Continuing Legal Education (CLE) and works closely with the bench to improve the administration of justice in the Probate Court.

Section Chairs

Timothy Barteau
415 855 2000
timothy@keystone-law.com

Valerie Gerard Kushel
valerie@vgklaw.com

Notice
Main County Superior Court

Uniform Local Rules 2

Updated January 1, 2017
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Probate and Estate Planning

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Probate and Estate Planning
Editor's Introduction
Oct 04, 2018
By Robert Rosborough

With mid-term elections just over a month away, it seems fitting that our October issue of the Marin Lawyer has several articles that touch on politics. For his President’s Message this month, Tom Brown chatted with outgoing District Attorney Ed Berberian, who reflects on his time in office and the challenges and pleasures of that role. Many thanks to our Guest Editor this month, Greg Brockbank, himself a (former) politician and eternal political activist, who profiles fellow activist Dotty LeMieux.

President's Message
Oct 03, 2018
By Thomas S. Brown

As we enter the final weeks of election season, I thought it would be an opportune time to sit down with District Attorney Edward S. Berberian. Ed and I discussed some of his highlights and challenges as District Attorney, the current election, his retirement plans, and what he will miss most about the job. Beginning with the obvious question, “Why retire?” Ed answered...

Oct 02, 2018
By Arthur Harris and Kavin Williams

When confronted by an elderly transferor wishing to make a disposition of assets to a caregiver or new companion, every competent estate attorney must reflexively obtain a California certificate of independent review. See Butler v. LeBouef, 248 Cal. App. 4th 198, 210 (2016). The CIR is considered a simple solution to a problem with big consequences.

September Member Luncheon
Oct 01, 2018
By Greg Brockbank

At the regularly scheduled MCBA general membership lunch meeting on September 26, MCBA Board President Tom Brown interviewed US District Court Judge William Orrick in an informative and highly interesting program. Even if, as an attorney, one doesn't follow the federal courts very closely, one almost can't help but to have heard the Orrick name.

Member Spotlight
Oct 01, 2018
By Greg Brockbank

I have been informally polling people for decades on what percentage of members of Congress are attorneys, and most people usually guess about 80%. The truth is that it's always been closer to 20%, give or take, but people often mistakenly assume that lawyers have an advantage in running for and winning high elective office, even though they are hardly even over-represented. Nor are attorneys over-represented among political activists, although there are of course a few of us. One of those is Dotty LeMieux, who stepped down at the end of last year after three years on the MCBA board. Indeed, Dotty is one of the super-activists, involved in several major Marin political organizations, including the Marin Democratic Party.

UPDATE FROM A POLITICAL JUNKIE
Oct 01, 2018
By Greg Brockbank

A look at the November election, from all the local races up to control of Congress, by a Marin political insider. Note: The views expressed in this article are opinions of the author and are not intended to reflect those of MCBA nor is the column an endorsement of any candidate.