As an estate planner, your job is to capture your client’s wishes. But what happens years down the line when those wishes are challenged, family relationships have fractured, and memories have faded? In our latest episode, we sit down with Judge Johnston (Ret.) to look at estate planning through the lens of litigation. We dive deep into how you can create an unassailable contemporaneous record today, so your files can withstand intense scrutiny tomorrow. In this episode, you’ll learn: The exact red flags that predict a future capacity or undue influence lawsuit.Why your file notes might actually be more important than the estate document itself.The hidden dangers of videotaped signings (and when they do more harm than good).How to safely handle remote contingencies to prevent accidental intestacy.Our Guest: Judge Gerald Johnson (Ret.) Judge Gerald G. Johnston served over 24 years on the Orange County Superior Court, retiring in 2023. From 2014 to 2023, he was the supervising judge of the Probate and Mental Health Division, overseeing thousands of cases involving trusts, probate, guardianships, conservatorships, elder abuse, and mental health matters. He also served on the Judicial Council Probate and Mental Health Advisory Committee from 2016 to 2019, appointed by the Chief Justice. Before his judicial career, Johnston worked as Deputy Secretary for Law Enforcement and General Counsel for the California Environmental Protection Agency and began his legal career as a Deputy District Attorney in Orange County. He has also taught trust, probate, conservatorship, and mental health law for over 20 years through the Center for Judicial Education and Research (CJER) Our Hosts: Ben Schwefel and Jeff Loew Benjamin R. Schwefel is a partner at Murtaugh LLP in Irvine, California, and a certified specialist in Estate Planning, Trust, and Probate law by the State Bar of California www.murtaughlaw.com. His practice focuses on trusts and estates, including estate planning, trust administration, probate, and fiduciary litigation. He advises a wide range of clients, from high-net-worth individuals and families to trustees, beneficiaries, entrepreneurs, business executives, and professional fiduciaries. He is a member of the TEXCOM executive committee of the California Lawyers Association. Jeff Loew is the managing partner of Trust Law Partners LLP, with offices in Silicon Valley, Pasadena and Newport Beach. Jeff’s primary areas of practice include trust and estate litigation, fiduciary litigation, and financial elder abuse actions. Jeff is certified as a Specialist in Estate Planning, Trust, and Probate Law by the State Bar of California Board of Legal Specialization. Jeff is the Chair of the Education Subcommittee for TEXCOM, the Executive Committee of the Trusts and Estates Section of the California Lawyers Association and is also a Fellow of the American College of Trust and Estate Counsel (ACTEC). He is licensed to practice in California, Nevada, and Texas. Thank you for listening to Trust Me! Trust Me is Produced by Foley Marra Studios Edited by Cat Hammons
