News & Articles

Estate Planning & Required Minimum Distributions



Effective estate planning for retirement benefits requires understanding rules created by the income tax laws mandating minimum distributions from the client’s retirement accounts. These income tax laws are found primarily in Internal Revenue Code 401(a) and Treasury Regulation 1.401(a)(9)-0 through 1.401(a)(9)-9. Proper planning also requires an understanding of the non-probate transfer rules under California law found in Probate Code 5010 through 5032. Finally, it necessitates an appreciation…

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Trusts & Estates: Escaping the LPS Revolving Door

California Trusts and Estates Quarterly, Volume 16, Issue 1, 2010

by Christopher D. Carico | Partner & James E. Spar, M.D.

I. Introduction

An LPS conservatorship allows involuntary mental health treatment for individuals who are presently gravely disabled as a result of mental illness or chronic alcoholism.1 It is designed for individuals that cannot or will not voluntarily accept treatment. Contrary to popular opinion, it is not the only option for involuntary mental health treatment…

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Escaping the LPS Conservatorship Revolving Door

Escaping the LPS Conservatorship Revolving Door” in California Trusts and Estates Quarterly, Spring 2010, by Christopher D. Carico, Esq. Partner, Carico Johnson Toomey LLP, and James E. Spar, MD, Department of Psychiatry and Biobehavioral Sciences  David Geffen School of Medicine at UCLA.

This article summarizes rules governing LPS coservatorships and discusses
the limitations of LPS conservatorships. It also discusses the often
ignored legal authority permitting health treatment in probate
conservatorships, and addresses the constitutionality of involuntary mental
health treatment in…

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Satisfying the UPIA through Professional Investment Advice and the Creation of the Investment Policy Statement

This article was originally published in California Trusts and Estates Quarterly, Volume 13, Issue 4, 2008

By Christopher D. Carico |Partner

Larry K. Prutch, CFP, CIMA, Institutional Consulting Director,** and Cengiz Volkan, CFP, CIMA, Institutional Consulting Director***

I. Introduction

The Uniform Prudent InvestorAct (“UPIA”) imposes complex investment requirements on private trustees.1 Estate planning attorneys protect trustee-clients by participating in the creation of a detailed investment policy statement (“IPS”), which documents the investment…

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