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:

Ginzburg & Bronshteyn, is excited to announce that Rachel Rosenfeld will join our team of dedicated professionals as Of Counsel. Rachel brings excellent experience as a Trust Litigator, Los Angeles incapacity and estate planning attorneys. She attend California State University, Long Beach, BA 2007 and Golden Gate University School of Law., 2013.

Attorney Rachel Rosenfeld represents individuals, trustees, fiduciaries, and administrators in estate and trust litigation matters. Rachel has experience practice including handling probate and trust administration matters. She has previous experience representing clients in civil, administrative, and family law proceedings. Rachel is a former corporate legal services senior manager for Charles Schwab and served as a law clerk for the San Francisco Public Defender’s Office and the United States Attorney’s Office, Northern District.

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.

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.

Effective February 1, 2021, the Probate Division at the Los Angeles Superior Court – Stanley Mosk Courthouse, 111 N. Hill Street, Los Angeles, will implement the following change:

  • Judge Jonathan L. Rosenbloom will be reassigned from Department F46 at the Chatsworth Courthouse, to Probate Department 79 (at the Stanley Mosk Courthouse). All cases assigned to Department 79 will be assigned to Judge Rosenbloom for all purposes.

On November 13, 2020, Yasha Bronshteyn, Ginzburg & Bronshteyn, APC partner and litigator attended the USC Gould School of Law Virtual 46th Annual Trust and Estate Conference. Mr. Bronshteyn has been named a Super Lawyer on several occasions and recognized by Best Lawyers in America©. Mr. Bronshteyn has handled several high profile cases involving overlapping Family Court and Probate Court issues and proceeding.

During these unprecedented times Ginzburg & Bronshteyn, APC is active and available to help you with the Court Process and is available to litigate matters.

Given the retirement of Probate Judge Elizabeth Lippitt,  Effective October 2, 2020, the Probate Division at the Stanley Mosk Courthouse, 111 N. Hill Street, Los Angeles, will implement the following change:  Newly Appointed Judge Lee R. Bogdanoff will be assigned to Department 29 of the Stanley Mosk Courthouse. Governor Gavin Newsom appointed Bogdanoff to the court on August 28, 2020, to replace B. Scott Silverman.  Judge Bogdanoff received his J.D. from the University of California, Berkeley School of Law.

The September 2, 2020, Alameda County Probate Bench/Bar Meeting was sponsored  by the ACBA and EBTEL.  Alameda County Probate Judge Sandra Bean and Commissioner Ruben Sundeen presented a meeting on the new procedures and systems in place in the Probate Department during the Covid-19 crisis. Pursuant to Local Emergency rule 1.8b Remote hearings generally will be conducted through the BlueJeans audio and video conference platform.  Bluejeans can be accessed at https://www.bluejeans.com or through the Court’s BlueJeans web site at http://www.alameda.courts.ca.gov/Pages.aspx/Remote-Appearances-BlueJeans-.

Recent Court updates are as follows:

On June 5, 2020, Presiding Judge Kevin C. Brazile signed a General Order mandating facial coverings and social distancing requirements in all 38 Superior Court of Los Angeles County courthouses and courtrooms.

“The Court must fulfill its statutory duties while safeguarding the well-being of the public it serves,” Presiding Judge Kevin C. Brazile said. “The Court has taken extensive measures to reduce the number of persons coming to its courthouses, including limiting the matters to be heard on any given day, spreading out the scheduling of cases, directing prospective jurors to courtrooms instead of jury assembly rooms, facilitating remote telephonic/video court transactions with the virtual Clerk’s Office, online and remote Self-Help services, remote mediations, teleworking employees, encouraging counsel and litigants to appear remotely, and implementing scheduled appointments for in-person transactions at the courthouse.” The Order is effective immediately and will remain in effect until further notice. In addition, The Los Angeles Superior Court, intends to move forward with a court-operated telephonic and video appearance program. The initial service areas to be transitioned will be Probate* and Civil Mandatory Settlement Conferences.

During these unprecedented and unsettling times, we at Ginzburg & Bronshteyn, APC are focused on ensuring the health and safety of our clients and our community. Despite the challenges associated with this pandemic, we will continue to operate and are fully accessible to our clients by electronic mail, telephone, and other remote options.

You can count on us to provide the same level of high quality, uninterrupted services we have in the past, while implementing the preventative health and safety measures recommended by the World Health Organization and Centers for Disease Control.  We are standing by to assist you and may be contacted via telephone, email, fax, and mail.  We also have the capability of conducting multi-user meetings by teleconference.

We remain fully committed to our clients and their needs, and we send our sincerest wishes that everyone in our community stays safe and healthy.

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.4th 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 § 3294West’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.

On October 5, 2019, Judge Reva Goetz (Ret.) and Attorney Yasha Bronshteyn of Ginzburg & Bronshteyn, APC presented at the Los Angeles County Bar Association, Trust and Estate Section – Aviva K. Bobb Advanced Training for Court Appointed Counsel. The topic concerned Family Law Issues in Conservatorship Proceedings.

The United States and California constitutions protect marriage as a fundamental right. Obergefell v. Hodges (2015) 135 U.S. 2584, 2591

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.

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