Articles Posted in Conservatorships

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.

Yasha Bronshteyn of Ginzburg & Bronshteyn, APC is looking forward to the September 26, 2019, Palo Alto Bar Presentation concerning Litigation issues in Estate Planning. The Palo Alto Bar Association is known for informative and detailed programming. Interested to see what developments are identified at the presentation as litigation in the estate planning and trust formation area concerns all Californians whether middle class professionals or what may be considered the one percent ultra wealthy.   Mr. Bronshteyn knows from professional experience that a cross section of people are affected by estate litigation.  Mr. Bronshteyn litigates matters in Trust and Conversatorship matters Southern and Northern California. His clients include individuals, families, the elderly, and private fiduciaries.  He has worked on numerous high-stakes complex trust litigation matters and Represented defended owner of National Basketball Association sports team with respect to probate court proceedings and multi day trial after his wife petitioned for approval of the sale of the team without his consent under trust provision relating to incompetence.

On September 12, 2019, firm partners Alexander R. Ginzburg and Yasha Bronshteyn of Ginzburg & Bronshteyn, APC attended the program presented by the Santa Monica Bar Association.  Probate Judges were present for a discussion of local Trust and Estates practice before the Los Angeles Superior Court. Judges included: Hon. David J. Cowan, Supervising Judge of the Probate and Mental Health Departments of Los Angeles Superior Court, Hon. Brenda Penny, Assistant Supervising Judge of the Probate and Mental Health Departments of Los Angeles Superior Court, and Hon. Michael C. Small, Judge of the Superior Court, LASC Probate Department.  Topic includes Topic of discussion included appropriate notice requirements in Conservatorship matters, appropriate presentation of orders to judicial officers, adhering to the Cal. Rules of Court, file your Joint Trial Statement in advance, and the Long Cause Trial Courtroom.  In addition, discussion included proposed legislation to allow and implement electronic wills is coming.  Lastly, the judges discourage use of CourtCall.  Apart from the logistical annoyance, one judge said, “I like to look people in the eye.” Nevertheless, the Judges do allow CourtCall in the appropriate circumstance.

On August 12, 2019, Yasha Bronshteyn, Litigator and Firm Partner at Ginzburg & Bronshteyn, APC attended the Los Angeles County Bar Association – Trust and Estates Law Section presentation entitled Impact of Anti-SLAPP Motions on Enforcement of No Contest Clause. The Program was well presented and covered the impact of the Key v. Tiller case on Anti-SLAPP Motions and the enforcement of no contest clauses. Mr. Bronshteyn’s practice focuses on complex estate and trust  litigation, probate and trust administration, conservatorship and guardianship / 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.

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.