Other Estate Planning and Probate Topics Attorney in Mather, California
What trends do you see in the area of estates and probate?
What trends do you see in the area of estates and probate?
More In This Category
View Transcript
00:05
i still see a lot of people passing away
00:09
without a any kind of document
00:12
a will a trust i just got a call today
00:16
from a client of mine that owned several
00:18
restaurants in tahoe
00:20
and one of his partners passed away
00:22
apparently a very wealthy partner and
00:24
had no estate planning
00:26
and so now we’re trying to wade through
00:30
who’s going to handle his estate what
00:32
are we going to do
00:33
with his business interests and that
00:35
sort of thing
00:36
and so i think a big trend today is
00:39
still people don’t get their ducks in
00:41
order
00:42
during covet i probably did almost
00:46
one a day of a call from a physician
00:49
a first responder getting their
00:51
documents in order
00:52
so speaking of rewarding that was nice
00:55
that we could do that
00:57
and the other trend i’m seeing is that
01:00
our documents over the years have become
01:03
more flexible
01:04
and i think it is very very important to
01:07
draft with flexibility
01:09
and make sure that the document that you
01:13
have or the with the client ends up with
01:16
is not something that if something
01:18
changes
01:19
they have to run into court to get the
01:22
answer
01:23
example their trustees all die
01:26
hopefully there’s a provision in place
01:28
to get a successor
01:30
appointed without having to go to court
01:33
so i am
01:34
seeing that lawyers that are experienced
01:37
and have practiced in this
01:39
area for a while are trying to draft
01:42
more flexibility
01:44
into their documents i’m also seeing
01:47
a lot more flexibility with
01:51
when the first spouse passes away
01:53
different options
01:55
on what trust to fund depending if
01:57
you’re minimizing estate tax or
02:00
maximizing income tax planning
02:02
so once again flexibility and then i
02:05
think
02:06
a lot of clients are very concerned
02:08
about their children
02:10
and grandchildren and being financially
02:12
responsible
02:14
so i think we’re seeing a lot later ages
02:16
of distribution now
02:18
than we used to and also seeing a lot
02:22
more trusts that are lifetime trusts for
02:25
children
02:27
and that’s for two purposes one creditor
02:29
protection
02:30
including from a divorce and two
02:33
for estate tax because i think we all
02:37
believe that the current administration
02:41
may really lower a person’s lifetime
02:45
exemption
02:46
hence a lot more people will owe estate
02:48
tax so those are just a few of the
02:51
things that i
02:52
have seen in the last few years in the
02:56
estate planning world
Contact Robin Klomparens
Email This Lawyer
(916) 920–5286
See All This Lawyer's Videos
Visit Lawyer's Website
Sacramento, CA lawyer Robin Klomparens talks about the trends she sees in the area of estates and probate. She continues to encounter many individuals who pass away without any form of estate planning—no will, no trust, no documented instructions at all. Just recently, she received a call from a client who owned several restaurants in Tahoe. One of his wealthy business partners had passed away with no estate plan in place, leaving everyone uncertain about how to handle his estate and business interests. Situations like this, she noted, are still far too common, as many people fail to “get their ducks in order.”
During the COVID-19 pandemic, she recalls receiving almost daily calls from physicians and first responders who wanted to put their documents in order, and she found it deeply rewarding to help them secure peace of mind during such uncertain times.
She has also noticed a significant trend toward flexibility in estate planning documents. In her view, it is crucial that documents are drafted to adapt to life’s inevitable changes without requiring court intervention. For example, if all named trustees pass away, there should already be provisions for appointing a successor without having to go to court. Experienced estate planning attorneys, she explains, now focus on drafting with this kind of built-in flexibility.
Another development she has observed involves trust structuring after the first spouse’s death. There are now more options for determining which trusts to fund depending on whether the goal is minimizing estate taxes or maximizing income tax benefits.
Additionally, she has seen a growing emphasis on encouraging financial responsibility among clients’ children and grandchildren. Many clients now choose to delay distributions to later ages or establish lifetime trusts for their heirs. These lifetime trusts serve two major purposes: protecting against creditors and divorce, and shielding against potential estate tax exposure.
She also believes that with possible changes to federal estate tax laws and lower lifetime exemptions on the horizon, more families may face estate tax obligations in the coming years. These evolving circumstances, she explains, highlight the importance of careful, flexible, and forward-looking estate planning.
