Articles Posted in Probate

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On March 15, 2016, Judges of the Probate Court for Los Angeles County discussed the current state of the Probate Court and addressed issues and concerns affecting the Court, the courtroom transitions, modernizing the system to benefit litigants, and  other questions submitted by Beverly Hills Bar Association Member from the Trust and Estates Section members. Judges from the Los Angeles Superior Court (Probate Division) expected in attendance were: Hon. Maria E. Stratton (Department 5), Hon. William Barry (Department 67), Hon. David J. Cowan (Department 79), Hon. Clifford L. Klein (Department 9), Hon. Brenda Penny (Department 99); and Hon. Lesley C. Green (Department 11).

The Timothy Whitehouse Award was be presented to Bet Tzedek for their outstanding contribution to the community with legal services provided at zero cost to low-income individuals.

Overall a very informative presentation in a pleasant lunch format that was attended by firm partner and trust litigator, Yasha Bronshteyn, at Lawry’s of Beverly Hills.

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.

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)

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.

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;

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.

Ventura County Probate Court Updates

Effective January 22, 2013, in the Superior Court, County of Ventura all Elder Abuse cases assigned to and heard in Courtroom 21 will be Assigned to and heard in Courtroom 32 on Tuesdays at 1:30 p.m. Ex-parte requests for temporary orders will be heard daily in Courtroom 32 at 11:30 a.m.

All probate matters are filed and heard at the Juvenile and Probate Courthouse in Oxnard. Hearings for Conservatorships are set Tuesdays at 9:00 a.m. Hearings on Wills and Trusts are set Wednesdays and Thursdays at 9:00 a.m. Hearings for Guardianship of the estate and person or the estate only are set Tuesdays through Fridays at 9:00 a.m.

conflict-.jpgA “no contest” clause is an item inserted into many wills and/or trusts to reduce the likelihood that a beneficiary will mount a court challenge to the document. The California legislature modified the statute governing no contest clauses in recent years, attempting to simply the law regarding these provisions. In the process, however, the state’s new statute creates some potential traps for the unwary beneficiary.

Under California law in effect before 2010, will or trust contests were a high-stakes, all-or-nothing proposition. For example, if a woman had a will that left her estate equally to her son and daughter but, shortly before her death and during a visit from her daughter, she created a new will, with a no contest provision, leaving 75% of her assets to the daughter, and 25% to the son, then the son would face a risky dilemma if he contested the new will. If he won, the first will would govern, and he would receive one-half of his mother’s estate; lose, and the no contest clause from the second will would take effect and he would receive nothing.

Finding the penalty of total forfeiture excessively punitive, the legislature changed the law, effective 2010. The new law states that forfeiture clauses are generally not enforceable against challengers if they had probable cause for bringing the action.

Beneficiaries should remain mindful, though, that there are indirect ways to trigger a forfeiture clause, some of which are not necessarily intuitive. In a 2002 case, Estate of Gonzalez, a group of siblings offered their father’s 1992 will for probate, which contained a no contest provision. A fourth sibling, Jorge Gonzalez, submitted for probate a 1998 will. The court concluded that the 1998 will was the result of Jorge’s undue influence, that Jorge knew the will was not valid and, by offering it for probate, he effectively challenged his father’s first will, and did so without probable cause. As a result, the no contest clause within the 1992 will was enforceable and Jorge received nothing from his father’s estate.

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