Trusts & Estates Bulletin

A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section  *  Volume V, Number 1  *  September 2009 
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Case Summaries

Trusts & Estates Bulletin is published monthly by the Trusts & Estates Section, Co-Editors:
- David C. Nelson, Loeb & Loeb LLP,,
- Amy L. McEvoy, Sheppard Mullin,
- Nelson J. Handy, Fiduciary Law Services, Inc.,


Coming Events

Aviva K. Bobb Advanced PVP Attorney Training Symposium

  September 26, 2009

Register now. 

Program Information: Experts (including doctors, judicial officers and attorneys) will discuss the less-explored but important aspects of serving as court-appointed counsel:

- Perspectives on Aging,
- Mediation,
- Contested Proceedings,
- Ethics,
- Interviewing Impaired Clients,
- Post-appointment Proceedings,
- GAL, Accounting and EV. Code 730 Appointments,
- Interplay Between LPS and Probate,
- Interplay Between Conservatorships and Trust Matters and Decedent Estates,
- PACE Forms.
Earn 5.5 hours of CLE credit. This course satisfies portions of the annual educational requirements for PVP attorneys (Local Rule 10.83 and Rule of Court 7.1101) but is not the mandatory training course, which will be offered in the Spring.


A Compendium of Recent Cases

Cases appear in chronological order, with the oldest case appearing first.

-Trusts and Estates-
Agreement that had no economic substance other than to avoid property tax liability was a sham document that could not be given effect. For a change in ownership to occur, there must be a transfer of legal title and of that transferor’s beneficial or equitable interests in that property. A party will hold an interest in the beneficial use of real property while another party holds legal title only in fiduciary situations. For purposes of property tax reassessment, a 100 percent change in ownership occurred when record title in property was transferred from one entity to another as an initial capital contribution to transferee’s parent company. Where transferor was entitled to receive distributions if transferee’s parent company made a profit and had a right to participate in certain management decisions, those benefits and rights derived from transferor’s membership interest in transferee’s parent company, not from transferred property, and thus transferor did not retain a beneficial interest in that property.
     Fashion Valley Mall, LLC v. County of San Diego - filed August 17, 2009, Fourth District, Div.One
     Cite as 2009 SOS 4956

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  -Trusts and Estates-
Petition by contingent remainder beneficiaries, seeking information with regard to how trustee who was also income beneficiary was spending trust funds, would not violate trust's no-contest clause.
     Salter v. Lerner  - filed July 28, 2009, publication ordered August 19, 2009, First District, Div. Three    
     Cite as 2009 SOS 5085
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Los Angeles County Bar Association
2009-10 Trusts and Estates Section Newsletter
Amy L. McEvoy, Co-Editor,  David C. Nelson, Co-Editor,    Nelson J. Handy, Co-Editor

Jonathan L. Rosenbloom

Nelson J. Handy

Stuart D. Zimring

Stuart D. Zimring

Immediate Past-Chair
Laura Conti

Section Administrator
Elise Green


Michael A. Abraham
Jackson Chen
Susan J. Cooley
Kenneth A. Feinfield
Sibylle Grebe
Samuel D. Ingham III
Susan Jabkowski
Jane E. Kwon
Jamie Lee Kim

Kira S. Masteller
Amy L. McEvoy
Matthew W. Mc Murtrey
Nicole M. Pearl
Jacqueline Real-Salas
David P. Schwartz
Leigh A. Shipp
Gabrielle A. Vidal

Barristers Liaison, Laura Narimatsu Wasserman
Liaison Beverly Hills Bar Association, Trudi Sabel Schindler
Liaison Public Interest, Yolande P. Erickson
Ex Officio, James R. Birnberg
Ex Officio, Thomas H. Kenney
Ex Officio, Gary M. Ruttenberg

Readers are advised that changes in the law may affect the accuracy of this publication or the functionality of links after the publication date.
The foregoing practice tips were prepared for information purposes only.  Such practice tips do not constitute tax, legal or other advice and no responsibility is assumed for any reliance upon them or with respect to assessing or advising the reader as to tax, legal, or other consequences arising from a particular situation. The accuracy of the information provided should be independently verified by the reader and should not be treated as authoritative.