Profile in Practice: Agnieszka Adams

AgnieszkaAdamsAs part of CEB’s commitment to bringing together California’s legal community, here’s a short interview with one of your fellow attorneys, Agnieszka Adams:

CEB: What is your practice area and how did you choose it?

Agnieszka: I practice exclusively in the area of trusts and estates. My practice includes estate planning, probate, and trust administration. Our firm doesn’t, however, represent clients in trust and estate litigation matters. My interest in this field started in law school. I chose a tax concentration while at UC Hastings (I knew I wasn’t going to be a litigator). When I began practice, I was fortunate to work at a full service law firm where I was given the opportunity to explore various practice groups. I quickly realized that trusts and estates was the area in which I wanted to specialize.

CEB: What do you like best and least about practicing law? Continue reading

No Means No for Successor Trustee of Special Needs Trust With No-Compensation Clause

trustee_99933680A trustee is entitled to compensation for services as provided in the trust instrument when the trust “provides for a trustee’s compensation” (Prob C §15680(a)), or “reasonable compensation” when the trust instrument “does not specify the trustee’s compensation” (Prob C §15681). But what if the trust provides for no compensation? In that case, the trustee is out of luck. Continue reading

Attorney as Trustee: Watch Out for Double Compensation

When an attorney is also acting as the trustee, there are very specific limitations on the attorney getting compensated both as counsel and as trustee. It may seem like an efficiency to have a two-for-one situation, but it may end up being double the work for half the money. Continue reading

With Great Power Comes Great Responsibility: Do You Need A Trust Protector?

In the world of estate planning, nothing is as constant as change. Settlors cannot always foresee changes in the law, or changes in the circumstances of trust beneficiaries. Enter the trust protector. Continue reading

On a Beach in Bali: For Revocable Trusts With Living Settlors, is it Safe for Trustees To Go Back in the Water?

If the trustee of a revocable trust lets the trust’s settlor make an extravagant purchase or risky investment can he or she get into trouble with the trust beneficiaries later? This issue was explored in a recent California case and the court’s answer would allow trustees to approve the settlor’s luxury beach getaway with impunity. Continue reading

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