Probate Litigation Attorney Blog

Ginzburg & Bronshteyn, is excited to announce that Laura Ann White joined our team of dedicated attorneys earlier in 2022.  Laura brings excellent experience as a Trust Litigator, Probate Attorney,  and estate planning attorney.  Laura White graduated from the University of California, Davis in 2008 with a Bachelor of Arts degree in History. Laura went on to attend the University of La Verne College of Law, where she received CALI awards for the highest grade in multiple courses. Attorney Laura White’s practice focuses on representing beneficiaries, and professional and corporate fiduciaries (administrators, executors, trustees, conservators, and guardians) in contested trust, estate and probate litigation matters.

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.

Firm partner Yasha Bronshteyn is looking forward to the San Francisco Bar Association –  Trust and Estate Section presentation on September 20, 2022, by  Hon. Glen M. Reiser (Ret.) Judge Reiser will present for for one hour. Judge Reiser came to JAMS Mediation after 20 plus years on the Ventura County Superior Court, which included serving as supervising probate judge. Topics will include:

On November 30, 2021, Yasha Bronshteyn, Ginzburg & Bronshteyn, APC partner and litigator attended the Los Angeles County Bar Association Executive Meeting with select colleagues and Los Angeles Superior Court Probate Judge Brenda Penny, Los Angeles Superior Court Probate Judge Robert Wada, Anaruth Gonzalez, Director, and Dean Silliman, Managing Probate Attorney. Issues of the robust discussion included:

1. Minor’s compromises and lodging proposed Special Needs Trust per LASC Rule 4.115.
2. Courtroom Changes in Los Angels Superior Cour concerning Dept. 9, Dept. 11, Dept. 3 – Long Cause, Probate Settlement Program, and funding for Zoom.

Ginzburg & Bronshteyn, APC represented Petitioner and Administrator, at trial concluding  on October 27, 2020 in the Los Angeles Superior Court regarding PETITION FOR ORDERS FOR: (1) CONFIRMING ESTATE ASSETS AND DIRECTING TRANSFER TO ESTATE; (2) ELDER FINANCIAL ABUSE; (3) ELDER NEGLECT; (4) FRAUD; (5) CONSTRUCTIVE FRAUD; (6) DECLARATORY RELIEF; (7) CONVERSION; (8) EMBESSLEMENT; (9) DISINHERITANCE; AND (10) ATTORNEY’S FEES AND COSTS. The Court found (Order was issued on February 1, 2021) in favor of Petitioner and against Respondent and awards statutory damages to the Petitioner in the amount of $2,150,465.53 against Respondent. The Court awarded, pursuant to Probate Code § 859, additional statutory damages to the Petitioner in the amount of $724,229.16 against Respondent (twice the amount Respondent used to pay taxes).

Yasha Bronshteyn, Ginzburg & Bronshteyn, APC partner and litigator attended the LACBA Trusts and Estates Section’s annual View from the Bench program was held via ZOOM on March 15, 2021 from 12:30 to 1:30 pm.  This special live program where the probate judges of the LA Superior Court will give the State of Probate Court and provide their view of current issues relating to probate practice.

The Arthur K. Marshall Award was also presented to Carmen Alberio with introduction by Hon. Brenda Penny.

Yasha Bronshteyn’s first speaking engagement of 2020 was the continuing legal education seminar for the Trust and Estates Section of the Santa Monica Bar Association.  On January 30, 2020, at the JW Marriott Santa Monica Le Merigo, Yasha Bronshteyn of Ginzburg & Bronshteyn, APC, presented on the family law issues in conservatorship proceedings.  Issues included whether a person under a conservatorship can determine that they want  to marry or divorce their souse.  Probate Code §1900 – The appointment of a conservator of the person or estate or both does not affect the capacity of the conservatee to marry or to enter into a registered domestic partnership. The case that is directly on point is IRMO Greenway 217 Cal.App.4^th 628, 639 (2013).  The issue being – Did Mr. Greenway have capacity to divorce Mrs. Greenway?  The analysis must start with Probate Code Section 810 (Rebuttable presumption all persons have capacity to make decisions and be responsible for their acts or decisions, (b) – Person with mental or physical disorder may still be capable of…marrying and Probate Code Section 811 (Lack of capacity if mental deficit(s) significantly impare person’s ability to understand and appreciate the consequences of his or her actions regarding the type of action or decision they are undertaking).

Another issue discussed was the Family Code provision that remedies for a spouse’s breach of the fiduciary duty owed to the other spouse when the breach falls within the ambit of the Civil Code definition of fraud shall include, but not be limited to, an award to the other spouse of 100 percent, or an amount equal to 100 percent, of any asset undisclosed or transferred in breach of the fiduciary duty, is that an award of attorney fees is discretionary, and over and above the mandatory award of the entire asset at issue. West’s Ann.Cal.Civ.Code § 3294; West’s Ann.Cal.Fam.Code §§ 721(b), 1101(h).  An important case in this area is In re Marriage of Rossi, 90 Cal.App.4th 34 (2001) 108 Cal.Rptr.2d 270, 01 Cal. Daily Op. Serv. 5307, 2001 Daily Journal D.A.R. 6401.  The Rossi matter concerned one spouse filing for divorce while trying to secret her lottery winnings from her husband.  The failure to properly disclose and the breach of the fiduciary duty resulted in the breaching spouse forfeiting the entire lottery winning to the other spouse.

Mr. Bronshteyn’s practice focuses on complex estate and trust litigation, probate and trust administration, conservatorship, and family law matters.  Mr. Bronshteyn is actively engaged in the Los Angeles County Bar Association (LACBA), as a member of the Executive Committee of the LACBA Trust & Estates Section.