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Perspective

Nov. 9, 2010

New Legislation Brings Some Clarity to Estate Planning

New Probate Code revisions offer better guidance on how to execute valid certificates of independent review. By Mark J. Phillips and Megan L. Ferkel of Goldfarb, Sturman & Averbach.

By Mark J. Phillips and Megan L. Ferkel

The ease with which estate planning documents can be created or altered leaves the elderly subject to abuse. Since 1993, California Probate Code Section 21350 has prohibited donative transfers during life or on death to a list of professionals involved in the drafting and/or transcribing of the documents, including those with a fiduciary relationship to the transferor. In 1997, persons acting as occupational caregivers were grafted ...

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