Estate of Winans (Calif. Court of Appeal, 1st Dist, March 26, 2010), holding that a certificate of independent review by legal counsel under Cal. Probate Code secs. 21350-21351 (relating to disallowed dispositions) is invalid if the attorney’s counseling and independence are not sufficient, and if the counseling session is not sufficiently confidential. This is an important factually detailed case for estate planning attorneys to carefully review and understand.
David Tate, Esq.
http://davidtate.us