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2012-06-24 12.04.39

Firm partner, Yasha Bronshteyn, attended the Ex-Parte Probate Court Program Presented by Trusts and Estates Section of the Los Angeles Bar Association at the Stanley Mosk Courthouse 111 N. Hill Street, Los Angeles, California. Speakers included the Honorable Judge Daniel S. Murphy, Los Angeles Superior Court of Department 29. Additional speakers concerning Ex Partes, drop-off Ex Partes, Urgency, Irreparable Harm Issues, Procedures, and Orders were Regina E. Esteras, Los Angeles Superior Court, Probate Department and Darciann Horton, Los Angeles Superior Court, Probate Department.

In Court news it appears that the Stanley Mosk Courthouse will add two more probate Judges in early 2015. In addition, Judge Maria E. Stratton will take over as the presiding Probate Judge in January of 2015.

At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, undue influence matters, trust contests, as well as other types of family law issues.

The issues in connection to the conservatorship are clear at times:

1. Is Proposed Conservtaee able to properly provide for his/ her personal needs for physical health, medical care, food, clothing and shelter? Cal. Prob. Code § 1801(a).
2. Is Proposed Conservtaee substantially unable to manage his/her financial resources or to resist fraud or undue influence? Cal. Prob. Code § 1801(b).

CONSERVATORSHIP OF THE ESTATE
There are two situations where a conservator of the estate may be appointed: (1) one who is
“substantially unable to manage … her own resources,” and (2) one who is “substantially unable to . . . resist fraud or undue influence.” Cal. Prob. Code § 1801(b).
Under a conservatorship estate, a conservatee is presumed to lack capacity to contract, to sell, transfer, or convey property, to make gifts, to incur debt, to delegate powers, to waive any rights or to serve as a fiduciary. Cal. Prob. Code § 2870, 1872. However, a conservatee is presumed to have the capacity to make medical decisions (Cal. Prob. Code § 2354) unless the court finds, pursuant to a petition requesting that the conservator have exclusive medical power under Cal. Prob. Code § 2355, that the conservatee lacks the capacity to give informed consent to any form of health care.

We are here to help you and your loved ones consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP. We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Berkeley, Beverly Hills, Calabasas, Camarillo, Contra Costa County, Hayward, Encino, Hidden Hills, Irvine, Lake Sherwood, Oakland, Oxnard, Pacific Heights, Palo Alto, Pasadena, Russian Hill, San Francisco, Santa Barbara, San Mateo, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced in obtaining and defending against conservatorships. Contact us by calling (310) 914-3222 in Los Angeles, or (818) 787-1011 in Westlake Village, or (415) 465-6555 in San Francsico, or by using our online contact form.

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Firm partner, Yasha Bronshteyn, attended the People Behaving Badly: Trustees and Beneficiaries Abusing Each Other and Settlors program which was presented on September 19, 2014, at the Millennium Biltmore Grand, by the Los Angeles Bar Association-Trust & Wills Section.   

The program focused on the common problem of people abusing each other and the legal ramifications of that abuse. The first panel discussed how some trustees abuse their fiduciary responsibilities and how beneficiaries may take advantage of their trustees. The second panel will discuss what constitutes criminal elder abuse, how to report elder abuse in all its forms to the authorities, and what to expect after such a report has been made.

This panel examined conflicts that arise between beneficiaries and trustees regarding administration of trusts.  Focus was directed on areas in which conflict often arises, such as asset risk tolerance, asset selection, asset concentrations, discretionary distributions, notice to remainder beneficiaries, the party’s view of their role, and regulatory compliance requirements.  Drawing from their numerous years of experience in resolving fiduciary conflicts, the speakers will shared examples of conflicts that have arisen and methods they have discovered which can minimize litigation.

The second panel presented a terrific overview of criminal elder abuse and focused on financial elder abuse from the perspective of the Los Angeles District Attorney’s Office.  There will be a discussion of the types of financial elder abuse cases that the Elder Abuse Section handles, and discuss the process of reporting a suspected crime to law enforcement, the investigation process, presenting the case to the District Attorney’s office for review, and finally, the process of the case through the criminal justice system.   At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, as well as other types of family law issues. We are here to help you and your loved ones.  To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP. We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Berkeley, Beverly Hills, Calabasas, Camarillo, Contra Costa County, Hayward, Encino, Hidden Hills, Irvine, Lake Sherwood, Oakland, Oxnard, Pacific Heights, Palo Alto, Pasadena, Russian Hill, San Francisco, Santa Barbara, San Mateo, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced in obtaining and defending against conservatorships. Contact us by calling (310) 914-3222 in Los Angeles, or (818) 787-1011 in Westlake Village, or (415) 465-6555 in San Francsico, or by using our online contact form.

 

 

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IMG-20120406-00236Hearing dates for probate matters at the San Francisco Superior Court located at  400 McAllister St., Department 204, San Francisco, CA 94102-4514 are assigned by the filing clerk at the time the petition is filed. The typical schedule for hearings is as set forth:

Appearance Hearings for Probate Matters other than Appointment of Guardians and Conservators, and Motions: 9 a.m. on Monday, Tuesday, and Wednesday in Department 204.
Petitions for Appointment of Guardian: 1 p.m. on Tuesday in – Department 204.

Petitions for Appointment of Conservator, including other personal care issues such as placement: 9 a.m. on Thursday in Department 204.

Requests for Restraining Orders to Stop Elder and Dependent Adult Abuse for cases related to an Active Conservatorship: 1:30 p.m. on Wednesday in Department 204 or as specially set by Judicial Officer at time of issuance of Temporary Restraining Order.

Ex Parte matters: 10 a.m. and 10:30 a.m. — Monday through Friday, in Room 202.
Law and Motion Calendar: Wednesday and Thursday afternoons, and Fridays, in Department 204.

Pre-Granted Orders are available in Room 103, Windows 24, 25, and 26 after 9:30 a.m. on the day of the hearing.

We are here to help you with your Probate Court needs.  To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP.  We serve clients in Los Angeles, San Francisco, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Berkeley, Beverly Hills, Calabasas, Camarillo, Encino, Hayward, Hidden Hills, Irvine, Lake Sherwood, Oakland, Oxnard, Palo Alto, Pasadena, San Bruno, San Francisco, San Mato, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced in obtaining and defending against conservatorships. Contact us by calling (310) 914-3222 in Los Angeles, (818) 787-1011 in Westlake Village, (415)465-6555 in San Francisco, or by using our online contact form.

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Brenda Penny has been elected a Los Angeles Superior Court commissioner, Presiding Judge David Wesley informed judicial officers. Brenda Penny has been hearing the morning probate calendar in Department 5 of the Los Angeles Superior Court, Central District. Commissioner Penny, a former probate attorney for the Court, was elected in balloting by the court’s judges. The Court has had a commissioner post open since David Cowan, who hears Probate Matters in Department 9 of the Los Angeles Superior Court, Central District, was recently appointed as a judge.

At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, as well as other cases concerning revocable inter vivos trusts.  Incapacity may be relevant in all of these types of cases.  California law on incapacity can be very complex when it applies. Probate Code section 810 provides for a “rebuttable presumption” with respect to capacity: 810. The Legislature finds and declares the following:

(a) For purposes of this part, there shall exist a rebuttable presumption affecting the burden of proof that all persons have the capacity to make decisions and to be responsible for their acts or decisions.

(b) A person who has a mental or physical disorder may still be capable of contracting, conveying, marrying, making medical decisions, executing wills or trusts, and performing other actions.

(c) A judicial determination that a person is totally without understanding, or is of unsound mind, or suffers from one or more mental deficits so substantial that, under the circumstances, the person should be deemed to lack the legal capacity to perform a specific act, should be based on evidence of a deficit in one or more of the person’s mental functions rather than on a diagnosis of a person’s mental or physical disorder.

We are here to help you and your loved ones.  To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP.  We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Beverly Hills, Calabasas, Camarillo, Encino, Hidden Hills, Irvine, Lake Sherwood, Oxnard, Pasadena, San Francisco,  Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced in obtaining and defending against conservatorships. Contact us by calling (310) 914-3222 in Los Angeles, or (818) 787-1011 in Westlake Village, or by using our online contact form.

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Ginzburg & Bronshteyn, LLP, firm partners are looking forward to attending the Los Angeles County Bar -Trusts and Estates Section reception honoring the Probate Department of the Los Angeles Superior Court on the evening of June 17, 2014, at the Cathedral of Our Lady of the Angels, located at 555 West Temple Street, Los Angeles, California 90012.

Trusts and Estates Section members, Probate Court staff, County Counsel, and Judges will all be in attendance.

At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, as well as other types of family law issues. We are here to help you and your loved ones. To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP. We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Beverly Hills, Calabasas, Camarillo, Encino, Hidden Hills, Irvine, Lake Sherwood, Oxnard, Pasadena, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced in obtaining and defending against conservatorships. Contact us by calling (310) 914-3222 in Los Angeles, or (818) 787-1011 in Westlake Village, or by using our online contact form.

If you feel someone close to you would benefit from a conservatorship, contact a knowledgeable Southern California probate lawyer to discuss your concerns. We can be reach at (310) 914-3222, (818) 787-1011, or (714) 280-0601.

California law provides that conservatorships can be created for people who are incapacitated and cannot manage their own affairs. A conservator has many powers and responsibilities, which can include the ability to make medical and financial decisions on the incapacitated person’s behalf.

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gavel.jpgLos Angeles Superior Court Case Number BP 145805 concerning the Appointment of the Conservatorship over the Person and Temporary Appointment of the Conservatorship over the Person of Casey Kasem had been filed on October 7, 2013. Casey Kasem had been the founder of “America’s Top 40″.

Update on the Conservatorship Petition alleging that Mr. Kasem has the following problems:

— major impairment to short term, long term and immediate recall memory
— major impairment to verbally communicate
— major impairment to perform simple calculations, plan simple tasks and reason logically.
— severe disorganized thinking
— moderate hallucinations
After Mr. Kasem had been checked out by police detectives and social services workers, last fall, as is typical in conservatorship matters.

Previously, Probate Volunteer Panel, Attorney Samuel Ingham, told Los Angeles Superior Court Judge Roy Paul that he has visited Mr. Kasem and that he did not see the immediate need for a conservatorship but that he still lacked information about the former radio host’s doctors and treatments. Mr. Kasem is suffering from advanced Parkinson’s disease, according to court filings by his adult daughter, Julie Kasem.

Judge Roy Paul has postponed any decision in the case until November 19, 2013, in Department 29 of the Los Angeles Superior Court so an investigation can be carried out into Kasem’s health and well being. The matter was again continued on December 20, 2013. Later on January 13, 2014, Mr. Ingham filed his PVP Report with the court. Ultimately, given that the an agreement was reached between Mr Kasem’s wife and daughter, on January 14, 2014, Judge Lesley C. Green, now presiding in Department 29 of the Los Angeles Superior Court denied the appointment of a conservator, but did grant the motion to seal records
At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, as well as other types of family law issues. California law provides that conservatorships can be created for people who are incapacitated and cannot manage their own affairs. A conservator has many powers and responsibilities, which can include the ability to make medical and financial decisions on the incapacitated person’s behalf.

At its basic level a conservatorship is a protective court proceeding in which a judge appoints a responsible person (a “conservator”) to care for another adult who cannot care for themselves or their finances (a “conservatee”). The difficulties presented by the incapacity of a loved one are significant and the attorneys at Ginzburg & Bronshteyn, LLP the attorneys realize the emotional toll the process can take on all involved. Under Probate Code Section 810 all persons are rebuttably presumed to have the capacity to make their own decisions and be responsible for their actions. We assist families throughout Los Angeles, Orange, and Ventura Counties, confronted with the permanent or temporary incapacity of a loved one by establishing and administering conservatorships.

In the event a person becomes unable to manage their own care or their finances, and does not have certain estate planning documents in place, a conservatorship proceeding may be necessary. A person may become incapacitated for many reasons, illness or disease such as Alzheimers or an accident.

If appropriate, the Court may appoint a conservator of the person, a conservator of the estate, or a conservator of both the person and estate of an adult [Prob. Code § 1800.3(a)(1)].

We can help individuals and families facing the prospect of obtaining a conservatorship or if appropriate contest the appointment of a conservator.

Probate Code Section 1800.3 provides:

If the need therefor is established to the satisfaction of the court and the other requirements of this chapter are satisfied, the court may appoint:
A conservator of the person or estate of an adult, or both.
A conservator of the person of a minor who is married or whose marriage has been dissolved.
No conservatorship of the person or of the estate shall be granted by the court unless the court makes an express finding that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee.

We are here to help you and your loved ones. To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP. We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Beverly Hills, Calabasas, Camarillo, Culver City, Encino, Hidden Hills, Irvine, Lake Sherwood, Oxnard, Pasadena, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Lake Village, West Los Angeles, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced in obtaining and defending against conservatorships. Contact us by calling (310) 914-3222 in Los Angeles, or (818) 787-1011 in Westlake Village, or by using our online contact form.

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Thumbnail image for gavel_bw.jpgOn March 18, 2014, the panel of Probate Judges discussed the current state of Probate Court in Los Angeles County and addressed questions and concerns submitted by members of the Beverly Hills Bar Association. Fortunately seven of the nine probate judges in Central District were able to attend the lunch at Lawry’s in Beverly Hills. The Judges present were:
Supervising Judge Michael I. Levanas (Department 5)
Judge Reva G. Goetz (Department 9)
Judge Maria E. Stratton (Department 5)
Commissioner David J. Cowan (Department 9)
Judge Lesley C. Green (Department11)
Judge David S. Cunningham (Department 29)
Judge Daniel S. Murphy (Department 29)

Overall a very informative presentation that was attended by firm partner and probate practitioner, Yasha Bronshteyn.

The Timothy Whitehouse Award was presented to Dana Hopkins for his outstanding contribution to the practice of Trusts & Estates over a long and distinguished career.

At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, as well as other types of family law issues. We are here to help you and your loved ones. To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP. We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Beverly Hills, Calabasas, Camarillo, Encino, Hidden Hills, Irvine, Lake Sherwood, Oxnard, Pasadena, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced in obtaining and defending against conservatorships. Contact us by calling (310) 914-3222 in Los Angeles, or (818) 787-1011 in Westlake Village, or by using our online contact form.

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On February 25, 2014, firm partner and probate practitioner, Yasha Bronshteyn attended the Judges’ Panel presented by the Consumer Attorneys Association of Los Angeles. Speakers included Hon. Amy Hogue, Hon. Michael Johnson, Hon. Mary Ann Murphy, Hon. Dan Oki, and Hon. Frederick Shaller. The program provided a panel discussion of judges about the most common evidentiary mistakes made by trial attorneys and how to avoid them.

Key issues discussed included; Proper use of motions in limine to exclude evidence;
Use of evidence in opening statements; Philosophy and game plan for objections at trial;
Decorum/ Judges pet peeves; Oral/speaking objections; Laying the foundation for documents; Hearsay; Hearsay in documents; Use of depositions; Use of Experts; Requests for Judicial Notice; and Evidence in change of venue motions.

At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, as well as other types of family law issues. We are here to help you and your loved ones. To discuss your needs and discover your options, consult the
Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP. We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Beverly Hills, Calabasas, Camarillo, Encino, Hidden Hills, Irvine, Lake Sherwood, Oxnard, Pasadena, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced in obtaining and defending against conservatorships. Contact us by calling (310) 914-3222 in Los Angeles, or (818) 787-1011 in Westlake Village, or by using our online contact form.

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Effective Jan. 1, 2014, pursuant to Government Code section 68086, the Court will collect a $30 fee for the services of an official court reporter, for each proceeding lasting one hour or less.

The Family Law and Probate divisions will collect the $30 court reporter fee at the time any document is filed that requires the Court to schedule a proceeding. The fee is due in addition to any other fee required and is the responsibility of the party or parties requesting that the proceeding be scheduled.

At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, as well as other types of family law issues. We are here to help you and your loved ones. To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP. We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Beverly Hills, Calabasas, Camarillo, Encino, Hidden Hills, Irvine, Lake Sherwood, Oxnard, Pasadena, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced in obtaining and defending against conservatorships. Contact us by calling (310) 914-3222 in Los Angeles, or (818) 787-1011 in Westlake Village, or by using our online contact form.

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Current update to the roster of Probate Judges in Los Angeles County.

Presiding Judge David M. Wesley has named new supervising judges for the Probate Departments and South District of the Los Angeles Superior Court, effective January 1, 2014.

Judge Michael I. Levanas, currently assigned to Department 11 of the Central District of the Los Angeles Superior Court was named supervising judge of probate and Judge Michael Vicencia was named to helm the Long Beach-based district of the court. They replace Judges Mitchell L. Beckloff, currently assigned to Department 5 of the Central District of Los Angeles Superior Court and James Otto, respectively.

Judge Wesley explained in a memo to judicial officers that the court will not be conducting its usual widespread movement of judicial officers at the beginning of the new year.

“We are making very few changes at this time,” he wrote. “What it simply means is that we anticipate making more assignment changes throughout the year as the Governor fills some of the 27 judicial vacancies that currently exist.”

Wesley added:

“Thus the assignment process will continue throughout 2014, using the preference sheet that you submitted as one of our guides, along with the needs of the court. In the meantime, I think you for your continued hard work and support in this challenging economic climate.”

Probate Court is a Court of General Jurisdiction that includes, but is not limited to the following proceedings:

Accountings
Decedents’ estates
Trust proceedings
Guardianship proceedings
Conservatorship proceedings
Minor’s compromises
Will Contests
At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, financial elder abuse, trust and estate disputes, will contests, as well as other types of family law issues. We are here to help you and your loved ones. To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP. We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Beverly Hills, Calabasas, Camarillo, Encino, Hidden Hills, Irvine, Lake Sherwood, Oxnard, Pasadena, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced in obtaining and defending against conservatorships. Contact us by calling (310) 914-3222 in Los Angeles, or (818) 787-1011 in Westlake Village, or by using our online contact form.