Articles Posted in Conservatorships

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.

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.

On January 8, 2019, Yasha Bronshteyn, Ginzburg & Bronshteyn, APC partner and litigator attended the SFVBA Probate & Estate Planning Section: Hot Topics in Bad Faith Objections presented by the San Fernando Valley Bar Association.

Accounting issues and disputes are common in Conservatorship and Trust matters.  A recent case on point is discussed below.

Probate Code Section 2100:

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.

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.

Alexander 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).

On 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

On March 4, 2017, firm partner Alexander R. Ginzburg attended the South Bay Bar Association Probate Section Luncheon with the Honorable Los Angeles Superior Court Judges: Hon. David J. Cowan (Department 79), Hon. Maria E. Stratton (Department 5), Hon. William P. Barry (Department 67). The focus of the Probate Luncheon was technological changes being incorporated by the Los Angeles Superior Court and its effect on the Probate Department, litigants, and attorneys.

Ginzbug & Bronshteyn, is also, proud to share that firm partner Yasha Bronshteyn recently obtained a favorable trial verdict in excess of $900,000.00 for the Petitioner and Conservator of the Person and Estate he represented. The theories of recovery were based on conversion of conservatee’s real property, Elder abuse, and the power of the court to adjudicate an estate’s claims against persons charged with embezzling, concealing, or otherwise wrongfully taking or retaining property belong to the estate. (Probate Code §850(a)(2)(D) & Probate Code §859). In addition, our offices were to show that the level of fraud, malice, and oppression was so high to sustain an award of punitive damages in addition to double damages under Probate Code §859.

Our offices have been successful in helping families with the Conservatorship Process when a loved one is declining in their abilities. The Standard of Proof for a Conservatorsip is as follows:

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