Wills & Trusts Category Archives — Page 2 of 3 — Probate Litigation Attorney Blog Published by Los Angeles, California Probate Litigation Lawyers

July 1, 2017

Recent Programs Attended

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

May 20, 2017

Firm Partners Keeping Current with Probate Litigation and Conservatorship Issues

by Ginzburg & Bronshteyn, APC

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

May 29, 2016

Estate Planning & Probate luncheon with Judge Glen Reiser, Ventura County Probate Judge

by Ginzburg & Bronshteyn, APC

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.

March 19, 2016

Lunch with The Probate Judges – 2016

by Ginzburg & Bronshteyn, APC

On March 15, 2016, 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, modernizing the system to benefit litigants, and other questions submitted by Beverly Hills Bar Association Member from the Trust and Estates Section members. Judges from the Los Angeles Superior Court (Probate Division) expected in attendance were: Hon. Maria E. Stratton (Department 5), Hon. William Barry (Department 67), Hon. David J. Cowan (Department 79), Hon. Clifford L. Klein (Department 9), Hon. Brenda Penny (Department 99); and Hon. Lesley C. Green (Department 11).

The Timothy Whitehouse Award was be presented to Bet Tzedek for their outstanding contribution to the community with legal services provided at zero cost to low-income individuals.

Overall a very informative presentation in a pleasant lunch format that was attended by firm partner and trust litigator, Yasha Bronshteyn, at Lawry’s of Beverly Hills.

January 16, 2016

Beverly Hills Bar Association Program – Wills, Evidence and Henry VIII: A Discussion of Estate of Duke

by Ginzburg & Bronshteyn, APC

Firm partner, Yasha Bronshteyn, attended A Discussion of Estate of Duke which was presented on January 19, 2016, at Lawry’s in Beverly Hills, by the Beverly Hills Bar Association-Trust & Wills Section.

The presentation focused and discussed an unanimous decision, In re the Estate of Duke-the recent California Supreme Court case which held that extrinsic evidence can be used to reform a Will which contains no ambiguity. This probate case will have an important impact on the practice of probate law in California.

The California Supreme Court decision in the case on wills granted review to reconsider the historical rule that extrinsic evidence is inadmissible to reform an unambiguous will. The Supreme Court has concluded that the categorical bar on reformation of wills (dating back to common law and codified in statute by the enactment of the California Probate Code’s various legal requirements) is not justified. The Supreme Court holds that an unambiguous will may be reformed if clear and convincing evidence establishes that the will contains a mistake in the expression of the testator’s intent at the time the will was drafted and also establishes the testator’s actual specific intent at the time the will was drafted.

October 3, 2015

Orange County Trust & Estates Section Seminar: Crossover Issues in Trust & Estate Law and Family Law

by Ginzburg & Bronshteyn, APC

Looking forward to the presentation by the Trust & Estates Section of the Orange County Bar Association on October 6, 2015, at 5:30 P.M. at Grand Catered Events • 300 S. Flower St., Orange 92868. Moderators for the event will include Judge David L. Belz, Orange County Superior Court. Topics to include Automatic Temporary Restraining Orders on filing for Dissolution • Conflicts/Ethics • Estate Planning for the Divorcing Spouse • Transmutation • Pre- and Post-Nuptial Agreements • Marriage/Divorce under Conservatorship • Litigating Marriage/ Divorce • PC 3080/Family Law Property Settlement • and Custody/Guardianship.

We are here to help you and your loved ones. To discuss your needs and discover your options, consult the Orange County incapacity, conservatorship, and estate planning attorneys at Ginzburg & Bronshteyn, LLP. At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust litigation, trust and estate disputes, as well as other types of family law issues. To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP. We serve clients in Orange County, Los Angeles, Ventura County, and throughout Southern and Northern California including Agoura Hills, Anaheim, Beverly Hills, Calabasas, Camarillo, Costa Mesa, Encino, Fullerton, Hidden Hills, Laguna, Lake Forest Irvine, Lake Sherwood, Mission Viejo, Newport Beach, Oxnard, Pasadena, San Francisco, Santa Monica, Simi Valley, Tarzana, Thousand Oaks, Torrance, Ventura, West Los Angeles, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced in obtaining and defending against conservatorships. Contact us by calling (310) 914-3222 in Los Angeles, or (818) 787-1011 in Westlake Village, or by using our online contact form.

Once again Conservatorships, while intended to exist for the benefit of the protected person, can sometimes become complicated and contentious. If you find yourself in a conservatorship that has become legally combative, consult the conservatorship attorneys at Ginzburg & Bronshteyn. If you are involved in a conflict concerning a will, trust or estate, our experienced Los Angeles conservatorship attorneys are here to help clients in Newport Beach, Santa Monica, Thousand Oaks, Ventura County, Orange County and throughout Southern California defend their rights under the law. The baby boomer population is ageing while having acquired significant wealth – ff the core of a dispute is the validity of a will, codicil, trust or trust amendment please contact our skilled attorneys for personalized legal services and aggressive representation. You may contact Ginzburg & Bronshteyn, LLP online or call us at (310) 914-3222, (714) 280-0601, or (818) 787-1011 or by using our online contact form.

June 30, 2015

California Law Provides Ways to Amend or Revoke an Irrevocable Trust

by Ginzburg & Bronshteyn, APC

At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, as well as other types of family law issues. We are here to help you and your loved ones. To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, LLP.

Our firm also handles disputes over the decedent’s intent. For example, when a person dies, they might have named only some, but not all of his or her children in a will. Most likely, the unnamed children would contest the validity of the will, and estate litigation may ensue to determine whether the decedent intended to omit certain children or whether the omission was unintentional. This is but one example of a dispute that can arise in the execution of an estate plan. 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.

Conservatorships, while intended to exist for the benefit of the protected person, can sometimes become complicated and contentious. If you find yourself in a conservatorship that has become legally combative, consult the conservatorship attorneys at Ginzburg & Bronshteyn. Our experienced Los Angeles conservatorship attorneys are here to help

March 27, 2015

Lunch With the Probate Judges – 2015

by Ginzburg & Bronshteyn, APC

On March 24, 2015, the panel of Probate Judges discussed the current state of Probate Court in Los Angeles County and addressed questions and concerns submitted by members of the Beverly Hills Bar Association. Fortunately six probate judges from the Los Angeles Superior Court – Central District were able to attend the lunch at Lawry’s in Beverly Hills. This program was presented by the Trust and Wills Section of the Beverly Hills Bar Association.

The Judges present were:

Judge David J. Cowan (Department 79)

September 2, 2013

Trust and Wills Disputes – Under California Law

by Ginzburg & Bronshteyn, APC

Estate of Stoker – filed March 3, 2011, Second District, Div. Six. Cite as 2011 S.O.S. 1274

This case involves two issues under California Law that are seen and dealt with in the Probate Code.

One issue is the required “Notification by Trustee” to all beneficiaries and heirs-at-law upon a trust [or portion thereof] becoming irrevocable [see California Probate Code Section 16061.7].

June 24, 2013

Beneficiary’s action to invalidate trust amendments based on lack of capacity and undue influence.

by Ginzburg & Bronshteyn, APC

A brief summary of the recent decision the the California Court of Appeal- In the Third Appellant District Case No. C068747

Drake v. Pinkham filed May 28, 2013, publication ordered June 21, 2013,

Beneficiary’s action to invalidate trust amendments based on lack of capacity and undue influence was barred by laches where the facts alleged by beneficiary were known to her five years before she filed the action, and the delay was necessarily prejudicial because the settlor had died.