Events Information

Charity Babington Falls advises business owners, executives, and families on sophisticated tax and multigenerational wealth planning in a boutique firm setting. In her presentation, she will be discussing the following key points.

Deathbed estate planning is heavily constrained by federal tax law, state probate rules, and professional ethics.

IRC §§ 2035–2038 prevent last-minute transfers from avoiding estate tax by pulling back assets where control, enjoyment, or timing suggests testamentary intent.

Section 2036 is the most significant risk, collapsing transfers where the decedent retains use, income, or control, especially in deathbed entity formations.

Section 2035 reinforces these rules by clawing back certain transfers, including life insurance, made within three years of death.

State laws—particularly in California—further restrict deathbed transfers through presumptions of undue influence and strict execution requirements.

Ethical rules require attorneys to guard against diminished capacity, coercion, and conflicts, often making it inappropriate to proceed with last-minute changes.

As a result, tax benefits are uncertain, and last-minute planning is best approached with simplicity, clear documentation, or avoided altogether.

Charity Babington Falls, Managing Partner
Tel. (858) 877.8619
[email protected]
www.ojaitaxlaw.com

John Kraemer and his partner, Belinda Barry, bring more than 40 years of experience in life insurance advisory services with a strong background in business liquidity & succession, estate planning, family governance, and gift planning.  They help families and their trusted advisors align their insurance objectives with their business, wealth transfer, and philanthropic goals. 

Our goal is to help clients implement efficient and less costly insurance, estate, and gift planning solutions - always putting the client's needs and goals first.  We enjoy working with allied professionals and invite you to contact us if we can assist one of your clients.  We are willing to assist with the following: review existing life policies, underwrite health issues, and assist clients in exiting insurance policies that are no longer needed.