California Trust & Estate Attorney – Review Trust, QTIP Issues, and Proposed 1031 Exchange Strategy

We are seeking an experienced California trust and estate attorney to review a family trust and advise on a proposed strategy involving the sale of the trust's final real estate asset. The trust was established under California law. One settlor died approximately 21 years ago, and the surviving spouse is still living. The remaining trust asset is a residential rental property currently leased month-to-month. We are looking for legal guidance on the following issues: Interpretation of the trust following the first settlor's death, including Survivor's Trust, Exemption Trust, and any QTIP implications. Whether the trustee has authority to sell the remaining real property and reinvest proceeds. Whether one or more beneficiaries may participate in separate IRC §1031 exchanges while others receive cash distributions. Whether manager-managed LLCs owned by the trust can be used to hold replacement properties for participating beneficiaries without jeopardizing trust administration or 1031 eligibility. Whether the trust may remain in existence until the surviving spouse's death while replacement properties are held in trust-owned LLCs. Analysis of the surviving spouse's rights to use, occupy, or receive income from the property, including whether any waiver or disclaimer is legally necessary and, if so, how narrowly it should be drafted. Whether the surviving spouse's heirs or estate could assert claims relating to undistributed income after her death. Review of fiduciary duties, beneficiary rights, and any legal risks associated with the proposed structure. Coordination with our CPA regarding tax implications, while recognizing that legal opinions must come from California counsel. The trust document (approximately 80 pages) and additional background information will be provided. We are looking for a written legal opinion, practical recommendations, and, if appropriate, assistance drafting any trust amendments, waivers, LLC formation documents, or other instruments necessary to implement the plan. Please include the following in your proposal: Your experience with California irrevocable trusts, QTIP trusts, and trust administration. Experience with trust-owned real estate and IRC §1031 exchanges. Your hourly rate or fixed-fee estimate for an initial legal review and written opinion. Your estimated timeline to complete the review. This engagement may lead to additional work implementing the recommended strategy.