Articles Posted in Wills & Trusts

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.

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 May 26, 2016, the Estate Planning and Probate Section of the Ventura County Bar Association was fortunate to have Judge Glen M. Reiser, presiding probate judge, present a State of the Probate Court address at the Wedgewood Ventura.  Firm partner and trust litigator, Yasha Bronshteyn attended Judge Reiser’s presentation as to the current state of the Probate Court and new Probate Appellant Cases were discussed. Judge Reiser is currently assigned to Courtroom J6 at the Juvenile and Probate Courthouse hearing all probate, conservatorship, guardianship estates and environmental cases.  The Probate Court is located at 4353 E. Vineyard Avenue Oxnard, California 93036.  Judge Reiser was appointed to the Ventura Superior Court bench by Governor Pete Wilson in 1998.

Cases discussed included:

(1) The Carne v. Worthington – filed April 13, 2016, Fourth District, Div. One was an Appeal from an order of the Superior Court of San Diego County, Jeffrey S. Bostwick, Judge. This case concerned certain real property located at Via Regla in La Jolla, California. Record title to the Via Regla Property was held by the trustee to the 1985 Trust. The issue here was the decedent’s daughter’s Petition to confirm that certain real property previously owned by Liebler, located on Via Regla, had been properly transferred to the 2009 Trust. The 2009 Trust states, “I transfer to my Trustee the property listed in Schedule A, attached to this agreement,” and lists the Via Regla Property in Schedule A. The 2009 Trust is signed by Liebler as grantor and by defendant and respondent, Nancy Worthington, and Craig Castle as co-trustees. However, Decedent’s grandson claimed the 2009 Trust was not a valid trust because Liebler had not properly transferred title to the only asset allegedly in the 2009 Trust, the Via Regla Property. Specifically, Hasting argued that Liebler had not effectively transferred the Via Regla Property into the 2009 Trust because Liebler had failed to execute a deed transferring the property to the trust.