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Busting the Bypass Trust in California: What Are The Options? (Audio Only)

(249 reviews)

Produced on April 04, 2019

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Course Information

Time 1h
Difficulty Intermediate
Topics covered in this course: Wills, Trusts, & Estates

Course Description

When tax exemption amounts were lower, it was common for estate planning to provide for the creation of a bypass trust when one spouse died. Now that exemptions are $11.4 million per person, it will often make more sense to allow assets to appreciate and focus on income tax planning. This program will guide attorneys through the different options available for termination of a bypass trust that is no longer in the client’s best interest, including best practices for terminating and pitfalls to avoid.

Learning Objectives:

  1. Review the available options to terminate an unwanted bypass trust
  2. Discuss the practical implications to clients and beneficiaries upon termination of a bypass trust
  3. Assess the tax implications of termination of a bypass trust

Credit Information

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Jennifer Scharre

Temmerman, Cilley & Kohlmann, LLP

Jennifer F. Scharre is a Senior Associate with Temmerman, Cilley & Kohlmann, LLP in San Jose, California. Mrs. Scharre's practice includes estate planning, estate administration, beneficiary representations, conservatorship matters and guardianship matters.

Her estate planning practice includes the preparation of revocable trusts, irrevocable trusts, and wills, as well as incapacity planning documents. Mrs. Scharre's trust and decedent's estate administration practice includes representation of trustees, personal representatives, and beneficiaries in all aspects of trust administration and probate including preparation of trust accountings and estate tax returns.

Mrs. Scharre's Accounting degree from the University of San Diego makes her uniquely equipped to assist clients in complex estate planning and estate administration. Ms. Scharre earned her J.D. degree from Santa Clara University School of Law.

Jennifer not only gives back to the legal community through speaking and presentations for professional organizations but also participates in her local community by providing informative presentations regarding estate planning, charitable giving, and special needs issues.

Mrs. Scharre will be teaching a Wills & Trusts course at Santa Clara School of Law in Spring of 2019.

Professional Organizations/Memberships:

  • Executive Committee Chair (2019), Silicon Valley Bar Association (SVBA)
  • Education Co-Chair (2017, 2018), Silicon Valley Bar Association (SVBA)
  • Member, State Bar of California, Estate Planning, Trust and Probate Section
  • Member, Silicon Valley Bar Association (SVBA)



  • Co-Author “The “Empty Chair”: How To Account for the Rights of Contingent Remainder Beneficiaries in the Event of Incapacity” California Trusts and Estates Quarterly, Solume 24, Issue 4, 2018
  • Co-Author, “2017 Legislation: From Planning to Partnerships, Principal and Income to Proofs of Service: a Plethora of Promulgated Principles Practitioners Must Practice Proficiently”, California Trusts and Estates Quarterly, Volume 24, Issue 2, 2018
  • Co-Author, “Don’t Answer that! Spouses, Families, and Privilege”, California Trusts and Estates Quarterly, Volume 23, Issue 4, 2017 

Recent Lectures:

  • Speaker, “New Ethical Rules, New Tax Law, and New Cases, OH MY!” California NAELA 2018 Summit, San Francisco, CA (3/2/2019)
  • Speaker, “Trusts and Estates Legislative Updates”, Lawline (2/4/2019)
  • Speaker, “Trusts, Tax Returns, and the TCJA: Not Just a Tongue Twister”, CalCPA SVSJ Trusts and Estates Group San Jose, CA (1/17/2019)
  • Speaker, “Charitable Trusts” Trusts A to Z (NBI) San Jose, CA (12/12/2018)
  • Speaker, “Other Trust Structures and Issues” Trusts A to Z (NBI) San Jose, CA (12/12/2018)
  • Speaker, “Legal Ethics in Estate Administration” Estate Administration (NBI) Santa Clara, CA (11/29/2018)
  • Speaker, “Business Interests in Estate Administration” Estate Administration (NBI) Santa Clara, CA (11/29/2018)
  • Speaker, “Income Tax Returns” Estate Administration (NBI) Santa Clara, CA (11/29/2018)
  • Panelist, “We’re Model Citizens Now: A Primer on California’s New Rules of Professional Conduct” Silicon Valley Bar Association, Santa Clara, CA (11/5/2018)
  • Speaker, “We’re (Almost) Model Citizens Now” 42nd Annual Fall Program, California Lawyers Association, Trusts & Estates Section, San Francisco, CA (10/26/2018)
  • Speaker, “What is a Meme?! – Ethics Rules and Social Media” The business of a Trust & Estates Practice, California Lawyers Association, Trusts & Estates Section, San Francisco, CA (6/29/2018)
  • Speaker and Panelist, “Federal Estate Tax Issues” Santa Cruz County Estate Planning Council, Santa Cruz, CA (5/16/18)
  • Speaker, “Post-Mortem Planning, Trust Administration, and Tax Hurdles” for Probate Boot Camp (NBI),  San Jose, CA (5/10/18)
  • Speaker, “Ethics” for Probate Boot Camp (NBI)  San Jose, CA (5/10/18)
  • Speaker and Panelist, “2017 Legislation Update”, California Lawyers Association, Trusts & Estates Section, Los Angeles, CA (4/18/2018)
  • Speaker, “Recent Developments”, California NAELA 2018 Summit, San Diego, CA (2/2/18)
  • Speaker, “2017 The Year of the Meme – And Some Other Fun Developments”, NAIFA (1/12/2018)
  • Speaker, “Ethics in Estate Planning”, Lawline (1/11/2018)
  • Speaker, “Special Needs Trusts and Tax Deduction with Trusts” for Trusts: The Ultimate Guide, National Business Institute (NBI) (12/14-15/2017)
  • Speaker, “Fundamentals of Estate Planning”, Lawline (12/12/2017)
  • Panelist, “Federal Estate Tax Issues” Silicon Valley Chapter of California Society of CPAs (11/8/2017)
  • Speaker “Income Tax Returns and Business Interests in Estate Administration” for Estate Administration Boot Camp, National Business Institute (NBI), San Jose, CA (10/4-5/2017)


Karen T.

Excellent! Clearest and best presentation on this topic I have heard to date. Thank you!

Brian K.


Philip K.

Clear, concise coverage of the issues raised by someone who knows what she is talking about. Thanks!

Ismael P.

Great info

Carissa L.

Great course, very thorough!

E. Nathan S.

Really excellent information for personal purposes and estate planning.

Barbara R.

Presenter is excellent...clear, knows her subject. Highly recommended

Robert S.

This is probably the best course I ever heard on Lawline. Speaker was clear, organization was superb. Excellent!

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