Firm partner, Yasha Bronshteyn, litigating Conservatorship, Trust Matters, and Accounting Matters attended the Los Angeles County Bar Association Presentation on September 13, 2018, at the Los Angeles Superior Court.  The presentation concerned different types of fiduciary accounts, including trust accounts, conservatorship accounts, and conservatorship accounts.  Turnout from our esteemed probate colleagues was excellent.  Also in attendance were Supervising Probate Judge David J. Cowan (Department 3) and probate Judge Paul T. Suzuki (Department 79).

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 beneficiaries, executors, administrators, trustees, conservators, and conservatees, in court proceedings.  Contact us by calling (310) 914-3222 in Los Angeles,  (818) 787-1011 in Westlake Village, (714) 465-6566 in Orange County, or by using our online contact form.

Recently the appellate court decided a very impactful case in the area of trust litigation.  The case is known as Barefoot v. Jennings, 2018 WL 4292450.  Appellant, Joan Mauri Barefoot, is one of six children of Joan Lee Maynord. Maynord and her former husband, who died in 1993, established the Maynord 1986 Family Trust and Maynord served as the sole trustor following her husband’s death. Starting in August 2013 and continuing through 2016, Maynord executed eight amendments to and restatements of the Family Trust, referred to as the 17th through the 24th Amendments, with the 24th Amendment being the final amendment prior to Maynord’s death. It is in these amendments and restatements in which Appellant’s share of the Family Trust, described in the 16th Amendment, was eliminated and Appellant was both expressly disinherited and removed as successor trustee.

Attorney Yasha Bronshteyn of Ginzburg & Bronshteyn, LLP successfully completed a conservatorship trial in the Los Angeles Superior Court, Central Branch. Judge William Barry presided over the trial. Dr. David Trader, a geriatric psychiatry specialist provided key testimony.

Issues / arguments at trial included:

The Petition to Transfer is in proper compliance with California Probate Code Section 2001 et seq., which states that a conservator appointed in California may petition the court to transfer the conservatorship to another state, assuming certain requirements are met. Prob. Code §2001.

On April 26, 2018, firm Conservatorship and Trust Litigation Partner, Yasha Bronshteyn, was fortunate to attend the Ventura County Bar Association – Probate and Estate Planning Section annual program with Ventura County Presiding Probate Judge Glen M. Resier regarding the state of the Probate Court, recent developments, changes and general concerns.  Judge Reiser served as Ventura Count’y only probate/trust/conservatorship judge between 2000-2004 and more recently from 2010 into 2018.

Our experienced Los Angeles conservatorship attorneys are here to help clients in Ventura County, Los Angeles, Orange County and throughout Southern California defend their rights under the law.  With a presence in Northern California and Southern California the Law Office of Ginzburg & Bronshteyn, LLP is dedicated to providing efficient, effective, strategic, 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.  Our Offices are available to litigate disputes between heirs, trustees, executors, will contests, fiduciary matters, and conservatorships.  Our offices can also assist with trust administration, trust accounting, and financail elder abuse.

Recent Developments from Appellate Level:

On March 20, 2018, 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. Elizabeth Lippitt, Hon. Mary Thornton House, Hon. Barbara Johnson, Hon. David J. Cowan (presiding Judge), Hon. Clifford L. Klein , and Hon. Lesley C. Green (retired).

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

Judicial Assignment for Los Angeles County Probate Judges as of April 2018:

Stanley Mosk Courthouse, 111 N. Hill Street, Los Angeles, CA 90012

 

 

DEPT.

 

JUDICIAL OFFICER

 

FLOOR

3 Supervising Judge

David J. Cowan

Trial and MSC Courtroom 2nd Floor
4 Commissioner

Brenda Penny

Wednesday Trial Date

(To receive Dept. 57 Case Inventory)

2nd Floor
5 Judge Maria E.

Stratton

Monday Trial Date 2nd Floor
5 Judge Marvin Lager  MSC’s 2nd Floor
 

9

Judge Clifford L. Klein Tuesday Trial Date  

2nd Floor

 

11

Judge Barbara R.

Johnson

Wednesday Trial Date 2nd Floor
29 Judge Mary Thornton-House Monday and Tuesday Trial Dates 2nd Floor
67 Judge Daniel Juarez Tuesday Trial Date 6th Floor
79 Judge Elizabeth

Lippitt

Monday Trial Date 6th Floor
99 Judge Robert Wada Wednesday Trial Date

(Inventory to Stay)

6th Floor
2D Judge Gus May Effective May 14, 2018 Thursday Trial Date

(New Case Inventory)

6th Floor

IMG-20120406-00236-300x230

Michael D. Antonovich Antelope Valley, 42011 4th Street West, Lancaster, CA 93534

 

A12

Commissioner Scott

J. Nord

 

Thursdays Only

 

3rd Floor

 

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.  With a presence in Northern California and Southern California the Law Office of Ginzburg & Bronshteyn, LLP is dedicated to providing efficient, effective, strategic,  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, Encino, Hidden Hills, Irvine, Lake Sherwood, Malibu, Marin County, Oxnard, Pasadena, San Francisco, 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, (415) 465-6555, or (818) 787-1011, or reach us by using our online contact form.

 

By Ashley Taylor of disabledparents.org

The months and weeks that lead up to a baby’s delivery are filled with equal amounts of excitement and trepidation. All parents, from new ones to seasoned vets, fret over whether the home is ready for their new addition and if they bought the best stroller. For a disabled parent, these fears are multiplied. With a little planning and research on available resources, however, every parent can enjoy raising their newborn.

 It’s never too early to start planning

Firm partner, Yasha Bronshteyn, litigating Conservatorship and Trust Matters, is looking forward to the Los Angeles County Bar Association Presentation on March 16, 2018, by Judge Klein and Judge Johnson of the Los Angeles Superior Court Probate Department.  Judge Klein presides in Department 9 and Judge Johnson presides in Department 11.  They will discuss their top 10 problems with probate and trust pleadings, accounting, and proposed orders and how to avoid them.  Cleary, appropraite counsel is required to efficiently and effectively navigate these sort of proceedings.

Next, On March 22, 2018, the Ventura County Bar Association – Probate and Estate Planning Section will present “Uncovering the Truth in Contested Proceedings”.  The Ventura Probate program is based on the notion that while most executors carry out their duties in good faith and to the best of their abilities’, there is a small but critical percentage that exploit their position of power.  Such such their is wrongdoing and fraud is at times committed against beneficiaries.  There have been an unacceptable amount of victims in such situations.  The program will focus on protecting beneficiaries’ (clients’) rights and where possible to enable recovery of assets.  The Ventura Bar program will commence at noon at the Tower Club in Oxnard.

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 beneficiaries, executors, administrators, trustees, conservators, and conservatees, in court proceedings.  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-20120406-00236-300x230

gavelAlexander R. Ginzburg, Partner at Ginzburg & Bronshteyn, LLP and Edward Babakhani, Associate Attorney, at Ginzburg & Bronshteyn, LLP enjoyed the program scheduled by the Los Angeles County Bar Association -Trust and Estates Section scheduled for January 9, 2018, concerning summaries of 2017 cases that affect trust, estate and conservatorship matters.  The program commenced at 11:45 a.m. at the Stanley Mosk Courthouse located at 111 N. Hill Street, Los Angeles, CA 90012.  The speakers included Los Angeles Probate Court Presiding Judge David J. Cowan.

Next, the Los Angeles Superior Court – Probate Division has announced certain changes to Probate Court Judicial Assignments.  More specifically, effective Oct. 30, 2017, the Probate Division implemented the following changes:

• Judge Daniel J. Juarez is reassigned from the Mental Health Division to the Probate Division, to the Stanley Mosk Courthouse located at 111 N. Hill Street, Los Angeles, CA 90012.  The Department will be determined later as initially the honorable Judge Juarez will provide coverage for other probate judicial officers as required, and conduct settlement conferences.

Successfully fighting for our clients and no fear of taking matters to trial if necessary!

Ginzbug & Bronshteyn, LLP, is proud to share that firm partner Yasha Bronshteyn obtained a trial verdict in the Ventura County Superior Court in September of 2017 concerning a partition of real estate matter filed in the Ventura County Probate Court, which also involved allegations of undue influence by named beneficiaries and successor trustee of a family trust and lack of capacity by the settlor / decedent when creating the trust documents.

The major focus of defending the trust and trustee was applying the appropriate legal standards: “For purposes of this part [concerning capacity], there shall exist a rebuttable presumption affecting the burden of proof that all persons have capacity to make decisions and to be responsible for their acts and decisions.” Probate Code section 810(a).

gavelOn June 28, 2017, firm partner, Yasha Bronshteyn spoke at the program presented by the Beverly Hills Bar Association presented by the Family Law Section and Trusts & Estates Section.  The Program – Until Death (or Children, or Exes) Do Us Part: Family Adventures in Probate and Estates, explored estate planning and probate issues that are of interest to a family law practitioner. The panel discussed when and what to advise a family law client regarding estate planning and how family law issues come up in probate court, including conservatorships, guardianships, role of minor’s counsel and determination of capacity.

Speakers:

Yasha Bronshteyn, Esq., Ginzburg & Bronshteyn, LLP

Firm partner, Alexander R. Ginzburg, was pleased to attend the Los Angeles County Bar Association Trusts and Estates Section annual reception on May 15, 2017.  This reception at the Omni Hotel in Los Angeles was attended by probate attorneys, judicial officers, and members of the Trusts & Estates Section.   Meanwhile, on March 21, 2017, firm partner Yasha Bronshteyn attended the Beverly Hills Bar Luncheon, presented by the Beverly Hills Bar Association – Trust and Estate Section,  at which the 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 and any other questions submitted by our members.

Speakers:

Supervising Judge David J. Cowan

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