- In This Issue -

The Trusts & Estates Bulletin is published monthly by the Trusts & Estates Section, coeditors:

Amy L. McEvoy, Sheppard Mullin, AMcEvoy@sheppardmullin.com

Nelson J. Handy, Fiduciary Law Services, Inc., nelson@fidls.com

Diane Young Park, Weinstock Manion Reisman Shore & Neumann, dpark@weinstocklaw.com

Coming Events

Probate Court Reception 2011

The Trusts & Estates Section cordially invites you to a reception honoring the Probate Department of the Los Angeles Superior Court.

There will be complimentary hors d' oeuvres/no host bar and complimentary drinks for probate court staff. No registration fee for Trusts and Estates Section Members. For judges and probate court staff, an RSVP is required.

Date: June 13, 2011
Location: Dorothy Chandler Pavilion

Click here to register for this event

A View From the Bench 2011: Probate Department, Los Angeles Superior Court

Judges Mitchell L. Beckloff, Marvin M. Lager, Reva G. Goetz, and Michael L. Levanas will discuss recent developments in the Probate Department of the Los Angeles Superior Court and the Arthur K. Marshall Award will be presented.

Hon. Mitchell L. Beckloff, Supervising Judge of the Probate Departments, Los Angeles Superior Court
Hon. Reva G. Goetz, Los Angeles Superior Court
Hon. Marvin M. Lager, Los Angeles Superior Court
Hon. Michael I. Levanas, Los Angeles Superior Court

Date: June 30, 2011
Location: Omni Los Angeles Hotel

Click here to register for this event

A Compendium of Recent Cases

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

Trusts and Estates
The beneficiary of a trust who did not agree to arbitrate disputes arising under the trust may not be compelled to do so.
    Diaz v. Bukey - filed May 10, 2011, Second District, Div. Six
    Cite as 2011 S.O.S. 2450
     Full text

Family Law
Trial court properly applied the "form of title" presumption in finding life insurance policy listing wife as the policy owner to be her separate property, where title was taken solely in her name during marriage with husband's consent; husband, who did not present evidence of an agreement or understanding that the parties did not intend the policy to be wife's separate property, or that he was unaware that title to the policy was taken solely in wife's name, did not rebut the presumption.
    In re Marriage of Valli - filed May 18, 2011, Second District, Div. Five
    Cite as 2011 S.O.S. 2568
    Full text

Trusts and Estates
A claim based on failure to file within the claims filing period of the Probate Code, mentioned only in conjunction with the statute of limitations under Code of Civil Procedure Sec. 366.2, was not sufficiently preserved for appeal as an independent basis for rejecting this claim. Failure to plead compliance with Probate Code Sec. 9100 does not represent an incurable defect. Both Code of Civil Procedure Sec. 366.2 and the Probate Code are designed to accomplish legislature's goal of promoting the prompt administration of estates, but they do not address the same liabilities. Sec. 366.2 cuts off the time for asserting a claim against the decedent's estate based on a cause of action that existed against the decedent before the decedent's death, while Probate Code provides a method for the timely handling of a creditor's claim based on a liability or legal obligation of the decedent. Sec. 366.2 did not apply to case where decedent had a liability at the time of his death, and the alleged breach of contract from the failure to pay the debt did not occur until after his death.
    Dacey v. Taraday - filed May 19, 2011, First District, Div. Two
    Cite as 2011 S.O.S. 2621
    Full text

Los Angeles County Bar Association
2010-11 Trusts and Estates Section Newsletter
Amy L. McEvoy, Co-Editor,  Diane Young Park, Co-Editor,   Nelson J. Handy, Co-Editor

Nelson J. Handy

Stuart D. Zimring

Kira S. Masteller

Kira S. Masteller

Immediate Past-Chair
Jonathan L. Rosenbloom

Section Administrator
Erica Leon


Michael A. Abraham
Ronald Berman
Jackson Chen
Kenneth A. Feinfield
Sibylle Grebe
Susan Jabkowski
Jane E. Kwon
Amy L. McEvoy
Diane Young Park

Nicole M. Pearl
Jacqueline Real-Salas
Myer J. Sankary
Leigh A. Shipp
Gabrielle A. Vidal
Caroline C. Vincent
William Lane Winslow

Liaison Beverly Hills Bar Association, Trudi Sabel Schindler
Liaison Public Interest, Yolande P. Erickson
Ex Officio, Laura Conti
Ex Officio, James R. Birnberg
Ex Officio, Thomas H. Kenney
Ex Officio, Matthew W. McMurtrey
Ex Officio, Gary M. Ruttenberg