James P. Lamping Attorney

First Admitted: 1999, California

Professional Webpage: http://www.jimlamping.com/about-jim/

Bar/Professional Activity:

Member, Resolutions Committee to the Conference of California Bar Association
Past Member, Executive Committee for the Trusts and Estates Section of the State Bar of California

Special Licenses/Certifications:

University of San Diego School of Law, JD (cum laude), 1999
Certified Specialist in Estate Planning, Probate and Trust Law, State Bar of California Board of Legal Specialization
University of San Diego School of Law, Master of Laws in Taxation, 2000

Educational Background:

University of San Diego School of Law, JD and LL.M in Taxation

Scholarly Lectures/Writings:

The administration of a two settlor trust where a substantial amount of time has passed since the death ofthe first spouse can present unique challenges. This article explores some of the most common problemsassociated with a stale trust administration, as well as offering possible solutions to the dilemmas posedby this scenario., Author, Revitalizing a Stale Trust: Improvement, If Not Perfection (Fall, 2010) Vol. 15, No.4 California Trusts & Estates Quarterly, California Trusts and Estates Quarterly, 2010
California Trust and Probate Litigation (Cal CEB), Chapter 4, Dispute Analysis. This chapter in a leading California practice guide analyzes trusts and estates disputes, Coauthor, California Trust and Probate Litigation (Cal CEB), Chapter 4, Dispute Analysis
California Trust Administration (2d ed Cal CEB) Chapter 13A; This chapter in the leading trust administration practice guide in California analyzes issues that often arise following the death of the first spouse in a moderate two settlor trust, Coauthor, California Trust Administration (2d ed Cal CEB) Chapter 13A (Administering Moderate Married Settlor Trust on the Death of the First Spouse), Continuing Education of the Bar
Property characterization is frequently among the most hotly contested issues when amarriage ends in divorce. However, it is often glossed over when a marriage is insteadended by death. This article examines the authority relating to property characterizationin the postmortem setting, including legislative history which reveals that the rules are notas clear-cut as some would believe., Author, Until Death Do Us Part: Marital Property Characterization in the Postmortem Setting (2015) Vol. 24, No. 4, California Trusts and Estates Quarterly, California Trusts and Estates Quarterly, 2015
The possible foreclosure of real property in the post-death administration can raise a number of tax concerns for the fiduciary charged with administering the estate. This article examines these issues, as well as potential exceptions which may be used to avoid the imposition of tax, Author, The Mess Left Behind: Taxation of Post-Death Foreclosures, California Trusts & Estates Quarterly
A House Divided: the Purchase by the Surviving Spouse of an Interest in the Family Residence Following its Allocation to a Credit Trust California Trusts & Estates Quarterly (Fall 2008) (Author) The allocation of an interest in the family residence to a credit trust can present unique challenges for the trustee and their counsel. This article examines the purchase by the surviving spouse of an interest in the family residence following its allocation to a credit trust as a solution to these challenges, Author, A House Divided: the Purchase by the Surviving Spouse of an Interest in the Family Residence Following its Allocation to a Credit Trust, California Trusts & Estates Quarterly, 2008
The Trustee's Million Dollar Question: Who Should Get Notice of a Trust Administration? California Trusts & Estates Quarterly (Spring 2007) (Author); California law is not entirely clear regarding whether a beneficiary whose name was deleted by a trust amendment is still entitled to notice of the trust administration. The author compares notice requirements in probate administrations with those in trust administrations, and suggests that ambiguities in current law may result in the imposition of significant liabilities against trustees, Author, The Trustee's Million Dollar Question: Who Should Get Notice of a Trust Administration?, California Trusts & Estates Quarterly, 2007
California Trust Administration, Chapter 17, Long Term Trust Administration (CEB 2009) (Author); This chapter in the leading trust administration practice guide in California analyzes best practices for ongoing trust administrations, Author, California Trust Administration, Chapter 17, Long Term Trust Administration, Continuing Education of the Bar
California Trust Administration, Chapter 14A, Further Steps after the Death of the First Spouse (CEB 2009); This chapter in the leading trust administration practice guide in California analyzes issues that often arise following the death of the first spouse in a two settlor trust, including those pertaining to the administration of the trust during the life of the surviving spouse, the administration of the trust during upon the death of the surviving spouse, and stale trust funding, Coauthor, California Trust Administration, Chapter 14A, Further Steps after the Death of the First Spouse (CEB 2009), Continuing Education of the Bar
Please follow this link for a detailed list of Mr. Lamping's presentations, Presentations to attorneys, judges and legal professionals

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