News & Articles

Trusts and Estates Attorney Christopher D. Carico Selected For Best Lawyers in America® 2012

LOS ANGELES, Dec. 20, 2011 /PRNewswire/ — Carico Macdonald Kil & Benz LLP today announced that its Partner Christopher D. Carico was recently selected by his peers for inclusion in The Best Lawyers in America® 2012 in the field of Trust & Estate Litigation and Trusts & Estates (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.).

Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence….

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Carico Johnson Toomey Ranked in Top Tier of U.S. News – Best Lawyers® “Best Law Firms”

South Bay Firm Earns Top Rank For Litigation – Trusts & Estates in Los Angeles

PR Newswire

LOS ANGELES, Nov. 21, 2011 /PRNewswire/ — The law firm Carico Macdonald Kil & Benz LLP today announced that U.S. News & World Report and Best Lawyers® have ranked it among the nation’s top firms in the field of Trust & Estate Litigation in the 2011-2012 “Best Law Firms”, as well as among Los Angeles’ top-tier firms in…

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CJT’s Top 10 List


Myth #10:    A revocable Trust should hold all of the settlor’s assets.  This is incorrect.  Qualified retirement assets, like IRAs, 401(k) plans, pension and profit sharing plans, and 403(b) plans (tax sheltered annuities) should not be transferred to the revocable Trust while the employee participant is still living.  A change in ownership of the retirement …

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Research Memo on Court’s Ability to Impose Continuing Court Supervision on an Existing Trust

Research Memorandum

From: Chris Carico
RE: Court’s Ability to Impose Continuing Court Supervision Over an Existing Trust
DATE: 2/15/11

I. Issue

Under what circumstance may the probate court impose continuing court supervision on an existing trust?(1)

II. Short Answer

(1) Pending Conservatorship with Pre-Existing Revocable Trust. Where there is a pending conservatorship, the court may impose continuing court supervision, sua sponte, over conservatee’s existing revocable…

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Catching the Financial Elder Abuser: The Gold Standard

Youngest adult daughter, youngest daughter’s husband and their five children five move in to take care of 90-year old, mildly impaired father. For five years, youngest daughter and her family systematically spend half a million dollars using father’s credit cards. The other adult children and impaired father have no idea about the financial elder abuse.

When the other adult children finally get wind that the youngest daughter may be taking advantage of their…

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Using Constructive & Resulting Trusts Saves Spouse from Estranged Heirs and Takes a Large Chunk Out of the Estate Tax Liability

Husband and wife are citizens of Foreign County but lawful permanent residents of the U.S, residing in the South Bay. They have no existing estate plan and no children. Husband is estranged from his parents and siblings, all of whom are still living abroad. Husband dies unexpectedly from a heart attack at age 60. Until the time of his death, Husband had handled all of the finances for the couple. Following his…

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Conservatorhip Substituted Judgment Can be Used to Authorize Fractional Interest Gifts in Real Property with Big Estate Tax Reduction Effect

Clients had previously been appointed as Conservators for their elderly mother who no longer had the capacity to manage her own affairs. Mother’s estate was conservatively valued at $10,000,000, containing income producing rental properties in an affluent area of Los Angeles, her own valuable residence and a significant amount of cash. Mother had an old Will, but did not have a Trust or the other estate planning documents typically appropriate for such…

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Administrative Expenses Can Take A Bite Out of Delinquent Estate Taxes, Interest & Penalties

Client’s mother passed away in the early 1980s owning a number of properties in Los Angeles County, including a pair of valuable single family residences in Manhattan Beach. Client had originally attempted to administer the mother’s estate by himself and was even appointed as the Administrator of the mother’s estate by the Probate Court. Unfortunately, Client fell ill and never completed the administration of the mother’s estate. Following a full recovery, but…

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Ways for Avoiding Probate in California

The probate process remains a mystery to many California consumers seeking legal advice. While most Californians will tell their estate planning attorney that they want an estate plan, which avoids probate, few understand what that really means. Common misperceptions include the belief that (1) avoiding probate avoids estate taxes, (2) trusts eliminate all estate taxes and (3) probates are only required when someone dies without a will (i.e., intestate). The purpose of this…
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