Firm partner, Yasha Bronshteyn, attended A Discussion of Estate of Duke which was presented on January 19, 2016, at Lawry’s in Beverly Hills, by the Beverly Hills Bar Association-Trust & Wills Section.   

The presentation focused and discussed an unanimous decision, In re the Estate of Duke-the recent California Supreme Court case which held that extrinsic evidence can be used to reform a Will which contains no ambiguity. This probate case will have an important impact on the practice of probate law in California.

The California Supreme Court decision in the case on wills granted review to reconsider the historical rule that extrinsic evidence is inadmissible to reform an unambiguous will. The Supreme Court has concluded that the categorical bar on reformation of wills (dating back to common law and codified in statute by the enactment of the California Probate Code’s various legal requirements) is not justified.  The Supreme Court holds that an unambiguous will may be reformed if clear and convincing evidence establishes that the will contains a mistake in the expression of the testator’s intent at the time the will was drafted and also establishes the testator’s actual specific intent at the time the will was drafted.

In 1984, when Irving Duke was 72 years of age, he prepared a holographic will in which he left all of his property to “my beloved wife, Mrs. Beatrice Schecter Duke,” who was then 58 years of age. He left to his brother, Harry Duke, “the sum of One dollar.” He provided that “[s]hould my wife . . . and I die at the same moment, my estate is to be equally divided — [¶] One-half is to be donated to the City of Hope in the name and loving memory of my sister, Mrs. Rose Duke Radin. [¶] One-half is to be donated to the Jewish National Fund to plant trees in Israel in the names and loving memory of my mother and father — [¶] Bessie and Isaac Duke.”

Irving died in November 2007, leaving no spouse or children.  In February 2008, a deputy public administrator for the County of Los Angeles obtained the will from Irving’ s safe deposit box.  Irving Duke prepared a holographic will providing that, upon his death, his wife would inherit his estate and that if he and his wife died at the same time, specific charities would inherit his estate. The handwritten will, however, contained no provision addressing the disposition of his estate if, as occurred here, he lived longer than his wife. The specified charities contend that at the time the testator wrote his will, he specifically intended to provide in his will that the charities would inherit his estate in the event his wife was not alive when he died.  The battle concerned in excess of five million dollars as Mr. Duke had significant stock holdings.

Here the California Supreme Court held that an unambiguous will may be reformed to conform to the testator‟s intent if clear and convincing evidence establishes that the will contains a mistake in the testator‟s expression of intent at the time the will was drafted, and also establishes the testator‟s actual specific intent at the time the will was drafted.

Our firm also handles disputes over the decedent’s intent. For example, when a person dies, they might have named only some, but not all of his or her children in a will. Most likely, the unnamed children would contest the validity of the will, and estate litigation may ensue to determine whether the decedent intended to omit certain children or whether the omission was unintentional. This is but one example of a dispute that can arise in the execution of an estate plan. If you or someone you know is dealing with a dispute over the administration or execution of trust or estate in California, you should contact an experienced trusts and estates litigation attorney to ensure your interests are represented.  Attorney Bronshteyn also serves on the probate volunteer panel of the Los Angeles Superior Court, and has represented executors, administrators, trustees, conservators, and conservatees, in court proceedings.

We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Bell Canyon, Beverly Hills, Calabasas, Camarillo, Encino, Hidden Hills, Irvine, Lake Sherwood, Oakland, Oxnard, Pasadena, San Francisco, Santa Monica, Sherman Oaks, Simi Valley, Tarzana, Thousand Oaks, Torrance, Westlake 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, (714) 280-0601 in Orange County, or (818) 787-1011 in Westlake Village, or by using our online contact form.

2012-06-24 12.04.39This looks like an attempt at a potential conservatorship of Sumner Redstone the 92-year-old executive chairman of Viacom Inc. and CBS Corp.  However, at this juncture Mr. Redstone will not have to submit to a battery of medical tests to determine his mental competence as on November 30, 2015, Judge Clifford L. Klein, a Los Angeles County Superior Court Probate Judge, presiding in Department 11 denied a request by Redstone’s former girlfriend, Manuela Herzer, to speed up the legal process to determine whether Redstone is mentally fit to make decisions about his health. That would have required  to immediately give videotaped testimony and submit to brain scans, among other tests.

The Court appeared clear. “I did not find there was any urgency,” Superior Court Judge Clifford L. Klein told the courtroom filled with lawyers, reporters, publicists and others interested in the media companies that Redstone controls. “Mr. Redstone is not suffering from any critical health issues … other than his age,” Klein said. “But at 92 years old, conditions can change very rapidly.”

Judge Klein listed four factors that influenced his decision that the case did not constitute an emergency: Redstone’s personal physician visits him two times a week; Redstone has a round-the-clock team of nurses at his Beverly Park home; Redstone was not suffering from a critical health issue; and the agent in charge of Redstone’s advance healthcare directive was an attorney and the chief executive of Viacom: Philippe Dauman.

The case, BP168725 was subsequently transferred to the courtroom of Probate Judge David Cowan in Department 79 of the Los Angeles Probate Court for as future hearing on January 27, 2016.

Herzer wanted the judge to expedite the proceedings so that her attorneys could begin to take videotaped testimony of the mogul who may have suffered from a stroke and has trouble speaking and signing his name.

Herzer’s attorneys also wanted Mr. Sumner to submit to a series of sophisticated brain scans — not just a single CT scan that was recently conducted. Herzer’s lawyers cited the California Probate Code, and argued an individual has “a fundamental interest in having his personally selected agent in place to make highly personal and intimate health care choices for him when he is unable to do so for himself, as is currently the case.”

Attorneys for Mr. Redstone allege that Herzer has little interest in Mr. Redstone’s ongoing healthcare regimen and instead is worried that she has been cut out of Redstone’s will that will distribute Mr. Redstone’s personal fortune, which is worth hundreds of millions of dollars.

Common issues or allegations in the Conservatorship Petition alleging 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

Conservatorship by its nature is an infringement of an individual’s civil liberties. Authority to make fundamental decisions like what to eat, what to wear, where to reside, and who will be allowed to touch the patient, can be taken away and given to another; to be exercised in the patient’s best interests. Someone will take title to the patient’s property, intercept the patient’s mail and pension payments, and manage the patient’s investments; in strict accordance with prudent practices, of course. Complete compliance with all applicable laws is practiced by competent fiduciaries, and strictly enforced by bevies of attorneys and an ever-watchful court; at the patient’s expense. Conservatorship is such a serious and expensive invasion that it must be the last resort. Probate Code section 1800.3 (b) states: “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.” To establish a probate conservatorship, a petitioner must show by clear and convincing evidence, the civil equivalent of “beyond reasonable doubt,” that the proposed conservatee cannot properly provide for their basic needs of food, clothing, shelter and health care. Probate Code Section 1801(a)  If there is any reasonable alternative to conservatorship, the court would be unable to make the affirmative finding necessary to appoint a conservator.   This standard is higher than the typical “preponderance of the evidence” standard as a result of the importance the legislature has given to the determination.  The conservatorship must be last resort – Probate Code 1821(a)(3): petitioner must inform court of alternatives to conservatorship and why the alternatives will not work.

Our experienced Los Angeles conservatorship attorneys are here to help clients in Santa Monica, Orange County and throughout Southern California defend their rights under the law.

We are here to help you and your loved ones.  To discuss your needs and discover your options, consult the Los Angeles incapacity, conservatorship, 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, Anaheim, Beverly Hills, Calabasas, Camarillo, Encino, Hidden Hills, Irvine, Lake Sherwood, Laguna Beach, Orange, 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, (714) 280-0601 in Orange County, or (818) 787-1011 in Westlake Village, or by using our online contact form.

 

gavel_bwAt Ginzburg & Bronshteyn, LLP we are dedicated to providing unique, precious, effective, and affordable solutions to clients involved in conservatorship cases, trust litigation, trust and estate disputes, as well as other types of family law issues.  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 Orange County, Los Angeles, Ventura County, and throughout Southern and Northern California including Agoura Hills, Anaheim, Beverly Hills, Calabasas, Camarillo, Costa Mesa, Encino, Fullerton, Hidden Hills, Laguna, Lake Forest Irvine, Lake Sherwood, Mission Viejo, Newport Beach, Oxnard, Pasadena, San Francisco,  Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, Ventura, 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.

Ginzburg & Bronhteyn, LLP, Trust Litigator and firm partner, Yasha Bronshteyn, attended the Probate Lawyers Event presented by ADR Services on October 27, 2015, where Judge Daniel S. Murphy, most recently sitting in Department 29 of the Los Angeles Superior Court Probate Department and now in Department 97 of the Los Angeles Superior Court will discuss “Confessions of a Recovering Former Probate Judge”.   Judge James A. Steele who retired from the Los Angeles Probate Court last year also attended.  Judge Daniel S. Murphy, known to his judicial colleagues as “The Professor”, was the inaugural Probate Lawyers’ Breakfast Club guest speaker. Judge Murphy recounted some of his more interesting moments on the Probate Bench and offered valuable insights into the thought process of a probate judge in both calendar and trial matters.

Once again Conservatorships, while intended to exist for the benefit of the protected person, can sometimes become complicated and contentious. If you find yourself in a conservatorship that has become legally combative, consult the conservatorship attorneys at Ginzburg & Bronshteyn. If you are involved in a conflict concerning a will, trust or estate, our experienced Los Angeles conservatorship attorneys are here to help clients in Newport Beach, Santa Monica, Thousand Oaks, Ventura County, Orange County and throughout Southern California defend their rights under the law. The baby boomer population is ageing while having acquired significant wealth – ff the core of a dispute is the validity of a will, codicil, trust or trust amendment please contact our skilled attorneys for personalized legal services and aggressive representation.  You may contact Ginzburg & Bronshteyn, LLP online or call us at (310) 914-3222, (714) 280-0601,  or (818) 787-1011 or by using our online contact form.

Looking forward to the presentation by the Trust & Estates Section of the Orange County Bar Association on October 6, 2015, at 5:30 P.M. at  Grand Catered Events • 300 S. Flower St., Orange 92868.  Moderators for the event will include Judge David L. Belz, Orange County Superior Court. Topics to include Automatic Temporary Restraining Orders on filing for Dissolution • Conflicts/Ethics • Estate Planning for the Divorcing Spouse • Transmutation • Pre- and Post-Nuptial Agreements • Marriage/Divorce under Conservatorship • Litigating Marriage/ Divorce • PC 3080/Family Law Property Settlement •  and Custody/Guardianship.

We are here to help you and your loved ones.  To discuss your needs and discover your options, consult the Orange County incapacity, conservatorship,  and estate planning attorneys at Ginzburg & Bronshteyn, LLP.  At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust litigation, trust and estate disputes, as well as other types of family law issues. 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 Orange County, Los Angeles, Ventura County, and throughout Southern and Northern California including Agoura Hills, Anaheim, Beverly Hills, Calabasas, Camarillo, Costa Mesa, Encino, Fullerton, Hidden Hills, Laguna, Lake Forest Irvine, Lake Sherwood, Mission Viejo, Newport Beach, Oxnard, Pasadena, San Francisco,  Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, Ventura, 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.

Once again Conservatorships, while intended to exist for the benefit of the protected person, can sometimes become complicated and contentious. If you find yourself in a conservatorship that has become legally combative, consult the conservatorship attorneys at Ginzburg & Bronshteyn. If you are involved in a conflict concerning a will, trust or estate, our experienced Los Angeles conservatorship attorneys are here to help clients in Newport Beach, Santa Monica, Thousand Oaks, Ventura County, Orange County and throughout Southern California defend their rights under the law. The baby boomer population is ageing while having acquired significant wealth – ff the core of a dispute is the validity of a will, codicil, trust or trust amendment please contact our skilled attorneys for personalized legal services and aggressive representation.  You may contact Ginzburg & Bronshteyn, LLP online or call us at (310) 914-3222, (714) 280-0601,  or (818) 787-1011 or by using our online contact form.

IMG-20120406-00236Firm partner Yasha Bronshteyn, a practitioner who handles conservatorships, is looking forward to attending program presented by the Elder Law Committee of the Trusts & Estates Section of the Beverly Hills Bar Association.  Topics will include what orders are subject to appeal, who has standing to take an appeal, and how to obtain (or defeat) a stay of the trial court’s ruling during the appeal.  The speakers will also discuss recent appellate decisions involving conservatorships and provide practical guidance on the logistics of filing an appeal, preparing the appellate record, and briefing the legal issues in a conservatorship appeal.  The program is set to take place on September 2, 2015.

Common issues or allegations in the Conservatorship Petition alleging 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

Our experienced Los Angeles conservatorship attorneys are here to help clients in Santa Monica, Orange County and throughout Southern California defend their rights under the law.

We are here to help you and your loved ones.  To discuss your needs and discover your options, consult the Los Angeles incapacity, conservatorship,  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, Anaheim, Beverly Hills, Calabasas, Camarillo, Encino, Hidden Hills, Irvine, Lake Sherwood, Laguna Beach, Orange, 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, (714) 280-0601 in Orange County, or (818) 787-1011 in Westlake Village, or by using our online contact form.

gavel_bw

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.

Our firm also handles disputes over the decedent’s intent. For example, when a person dies, they might have named only some, but not all of his or her children in a will. Most likely, the unnamed children would contest the validity of the will, and estate litigation may ensue to determine whether the decedent intended to omit certain children or whether the omission was unintentional. This is but one example of a dispute that can arise in the execution of an estate plan. If you or someone you know is dealing with a dispute over the administration or execution of trust or estate in California, you should contact an experienced trusts and estates litigation attorney to ensure your interests are represented.

Conservatorships, while intended to exist for the benefit of the protected person, can sometimes become complicated and contentious. If you find yourself in a conservatorship that has become legally combative, consult the conservatorship attorneys at Ginzburg & Bronshteyn. Our experienced Los Angeles conservatorship attorneys are here to help

Modification of trust instrument

There are several reasons why the trustee and/or beneficiaries want to modify the trust. For example, the tax laws may have changed since the trust was drafted, or a beneficiary may have become disabled, in which case, modification of the trust to make it qualify as a Special Needs Trust may be desirable. In the case of an irrevocable trust, Probate Code §15403 provides that if all beneficiaries consent, they may compel modification or termination upon petition to the court unless (1) continuance of the trust is necessary to carry out the material purpose of the trust; and (2) the material purposes of the trust outweigh the reasons for the modification. A guardian ad litem may need to be appointed if the trust beneficiaries include those who are minors or unborn issue.

Another option is found in section 15409 under the changed circumstances doctrine. Under this doctrine, the trustee or beneficiaries may petition the court to modify the trust if, due to circumstances not known and not anticipated by the settlor, continuation of the trust would “defeat or substantially impair” the trust purposes. In other words, the petitioner must demonstrate to the court that modification will still further the settlor’s intent.

The easiest way to amend – or terminate – an irrevocable trust is to use California Probate Code §15404(a). The benefit is that you need not go to Court for approval. The disadvantage is that you must have the approval of all the settlors, also known as the grantors – and all of the beneficiaries.  Assume mom and dad set up a children’s trust and now dad is dead; you can’t have all of the grantors sign off because dad is dead, so you can’t use this approach. Also, when there are minor beneficiaries, this can be tricky and the trustee may be uncomfortable without a court order. If one beneficiary does not agree, you can always petition the court for approval.

The other way to amend or terminate an irrevocable trust is for the beneficiaries to petition the Court under California Probate Code §15403(a).

We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Bell Canyon, Beverly Hills, Calabasas, Camarillo, Encino, Hidden Hills, Irvine, Lake Sherwood, Oakland, Oxnard, Pasadena, San Francisco, Santa Barbara, Santa Monica, Sherman Oaks, Simi Valley, Tarzana, Thousand Oaks, Torrance, Westlake 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.

IMG-20120406-00236We are looking forward to attending the annual Los Angeles County Bar Association View From the Bench lunch. This year’s program will include a “State of the Court” address by the Hon. Maria E. Stratton and “Top Ten Tips on Addressing Probate Notes,” presented by Commissioner Brenda Penny. The Hon. Daniel S. Murphy, Hon. Clifford L. Klein, Hon. David S. Cunningham, Hon. Lesley C. Green, and Hon. David J. Cowan will also be joining the presentation for lunch.  The program will be presented at Cathedral of Our Lady of the Angels Conference Center 555 West Temple Street Los Angeles, CA 90012.

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.

Our firm also handles disputes over the decedent’s intent. For example, when a person dies, they might have named only some, but not all of his or her children in a will. Most likely, the unnamed children would contest the validity of the will, and estate litigation may ensue to determine whether the decedent intended to omit certain children or whether the omission was unintentional. This is but one example of a dispute that can arise in the execution of an estate plan. If you or someone you know is dealing with a dispute over the administration or execution of trust or estate in California, you should contact an experienced trusts and estates litigation attorney to ensure your interests are represented.  Attorney Bronshteyn also serves on the probate volunteer panel of the Los Angeles Superior Court, and has represented executors, administrators, trustees, conservators, and conservatees, in court proceedings.

We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Bell Canyon, Beverly Hills, Calabasas, Camarillo, Encino, Hidden Hills, Irvine, Lake Sherwood, Oakland, Oxnard, Pasadena, San Francisco, Santa Monica, Sherman Oaks, Simi Valley, Tarzana, Thousand Oaks, Torrance, Westlake 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.

Just this month Ginzburg & Bronshteyn, LLP partner Yasha Bronshteyn, was given an “AV” rating from his peers, which means that he was deemed to have very high professional ethics and preeminent legal ability. Only lawyers with the highest ethical standards and professional ability receive a Martindale-Hubbell Peer Review Rating.
The Martindale-Hubbell Peer Review Ratings evaluates lawyers based on the anonymous opinions of members of the Bar and the Judiciary, including both those who are rated and those who are not. The first review to establish a lawyer’s rating usually occurs three years after his/her first admission to the Bar.
Martindale-Hubbell conducts secure online Peer Review Ratings surveys of lawyers across multiple jurisdictions and geographic locations, in similar areas of practice as the lawyer being rated. Reviewers are instructed to assess their colleagues’ general ethical standards and legal ability in a specific area of practice. Martindale-Hubbell Peer Review Ratings were created in 1887 as an objective tool that would attest to a lawyer’s ability and professional ethics, based on the confidential opinions of other lawyers and judges who have worked with the lawyers they are evaluating.

We are here to help you and your loved ones.  To discuss your needs and discover your options, consult the Los Angeles incapacity, conservatorship,  trust litigation, financial elder abuse litigation, and trust accounting litigation 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, Ventura, 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 find yourself in a conservatorship that has become legally combative, consult the conservatorship attorneys at Ginzburg & Bronshteyn.

Conservatorships, while intended to exist for the benefit of the protected person, can sometimes become complicated and contentious.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. Our experienced Westlake Village and gretaer Los Angeles  conservatorship attorneys are here to help clients in Santa Monica, Ventura County, Orange County and throughout Southern California defend their rights under the law. To contact our skilled attorneys, please contact Ginzburg & Bronshteyn, LLP online or call us at (310) 914-3222 or (818) 787-1011.

Yasha_Bronshteyn-DK-200

On May 9, 2015, firm partner Yasha Bronshteyn attended the Conservatorship/PVP lecture presented by the Los Angeles County Bar Association.  This course provides an introduction and overview to attorneys new to or seeking to join the Probate Volunteer Panel; it satisfies certain  LASC Local Rules and California Rules of Court. Excellent course for PVP attorneys, offering the Court’s perspectives and different speakers’ insights on new developments and issues that frequently arise in the representation of conservatees and proposed conservatees.

Speakers Included:
Hon. Maria Stratton, Supervising Judge, Probate Department, Los Angeles Superior Court
Hon. Robert Wada, Los Angeles Superior Court

 

Issues of cognitive impairment which may require a conservtarshiop include: gavel

—  inability to resist fraud

— major impairment to short term, long term and immediate recall memory

— major impairment to verbally communicate

— severe disorganized thinking

— moderate hallucinations

— major impairment to perform simple calculations, plan simple tasks and reason logically

 

We are here to help you and your loved ones.  To discuss your needs and discover your options, consult the Los Angeles incapacity, conservatorship,  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, Ventura, 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.

Once again Conservatorships, while intended to exist for the benefit of the protected person, can sometimes become complicated and contentious. If you find yourself in a conservatorship that has become legally combative, consult the conservatorship attorneys at Ginzburg & Bronshteyn. Our experienced Los Angeles conservatorship attorneys are here to help clients in Santa Monica, Ventura County, Orange County and throughout Southern California defend their rights under the law. To contact our skilled attorneys, please contact Ginzburg & Bronshteyn, LLP online or call us at (310) 914-3222 or (818) 787-1011.

On March 24, 2015, 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 six probate judges from the Los Angeles Superior Court – Central District were able to attend the lunch at Lawry’s in Beverly Hills.  This program was presented by the Trust and Wills Section of the Beverly Hills Bar AssociationIMG-20120406-00236.
The Judges present were:

Judge David J. Cowan (Department 79)
Judge David S. Cunningham (Department 67)
Judge Lesley C. Green (Department11)
Judge Clifford L. Klein (Department 9)
Judge Daniel S. Murphy (Department 29)
Commissioner Brenda Penny (Department 9 /MSC)

This occasion presented an opportunity to discuss the current state of the Probate Court and addressed issues and concerns affecting the Court, the courtroom transitions and many other substantive issues.

In addition, The Timothy Whitehouse Award will be presented to the Honorable Brenda Penny for her outstanding contribution to the practice of Trusts & Estates over a long and distinguished career.

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

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, Malibu, Oxnard, Pasadena, Santa Barbara, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles,Westlake Village, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. If you or someone you know is dealing with a dispute over the administration or execution of trust or estate in California, you should contact an experienced trusts and estates litigation attorney to ensure your interests are represented. 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.  If you have questions about a loved one’s mental capacity, call the law firm of Ginzburg & Bronshteyn, LLP at (310) 914-3222 or (818) 787-1011, or reach us by using our online contact form.