Episode Details

When a trust or estate holds real property, the question of whether to sell, retain, lease, or distribute comes up early. It is rarely the decision that matters most. Mark Cianciulli, Esq., CPA, Founder and Broker at The CREM Group, works through the earlier questions counsel should be raising: the scope of the fiduciary's authority, the duty to investigate a known condition, the status of an occupying beneficiary, and what assumptions a valuation actually rests on. Four case studies ground the analysis, including a beneficiary living in trust property without a lease and a valuation complicated by a configuration that does not match public records. Attendees will leave knowing which unresolved facts change the advice and how to document the reasoning behind a fiduciary decision. Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.