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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

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Volume 6, Number 9 • September 2011 • Archives of Past Issues
Visit the Trusts & Estates Section web page

Coming Events

Trusts and Estates Symposium Probate Court Procedure – Litigation and Non-Litigation

In Panel One, Judge Mitchell Beckloff and Bruce S. Ross will highlight the critical procedural differences between civil court and probate court in litigated matters, as well as highlighting attorney fee considerations and jurisdictional issues.

In Panel Two, Judge Roy L. Paul, Judge Mitchell Beckloff, Darciann Horton, Mark J. Phillips, and Nelson J. Handy will explore some of the common procedural difficulties and pitfalls encountered in practice before the probate court. Topics include:

• Los Angeles County Local Probate Rules
• Equitable Powers of the Probate Court
• Probate Court as a Super Fiduciary
• Recent Cases Related to Code of Civil Procedure §366.2
• Recent Cases Regarding Creditor Rights
• Valuations of Expectancy Interests in Probate Inventories
• Developments Regarding Probate Code §850 and Heggstad

Date: September 23, 2011
Location: Omni Los Angeles Hotel

Click here to register for this event

Aviva K. Bobb Advanced Probate Volunteer Panel Attorney Training Symposium

This annual program covers topics of interest to PVP attorneys generally not covered in the mandatory/refresher course offered in the Spring. This year's program has a medical theme and will address the roles of different medical providers, reading medical charts, determining capacity, interplay between LPS and probate conservatorships and use of psychotropic medications for non-traditional purposes, amongst other topics.

Date: October 22, 2011
Location: Intercontinental Hotel, Century City

Click here to register for this event

Best Practices

The IRS posted the final estate tax return form (Form 706) for 2010 decedents and it can be viewed at http://www.irs.gov/pub/irs-pdf/f706.pdf. The due date is September 19, 2011, unless extended. See Notice 2011-76 re requests to extend the time to file a return and/or pay tax.

The IRS announced that it will further extend the due date for filing Form 8939 (which hasn't been released yet) re IRC 1022 basis allocation from November 15, 2011 to January 17, 2012. See Notice 2011-76.

A Compendium of Recent Cases

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

Trusts and Estates
Order sustaining demurrer which was a final adjudication of all of the causes of action contained in the petition was an appealable judgment. Res judicata did not bar lawsuit alleging surviving spouse of decedent is liable for financial elder abuse where prior lawsuit involved surviving spouse's right to receive a share of decedent's estate as on omitted spouse, since both actions involved different primary rights.
    Estate of Dito - filed July 29, 2011, publication ordered August 23, 2011,
    First District, Div. Three
    Cite as 2011 S.O.S. 4793
     Full text


Taxation
Transfer documents that directed LLC units worth a specific dollar amount be transferred to two trusts and the remainder be assigned to the charities--and also contained a reallocation clause obligating the trusts to transfer additional units to the foundations if the value of the units the trusts initially receive were determined for federal gift tax purposes to exceed the specified dollar amount--did not set a condition precedent on the transfer of additional units. Reallocation clause in no way grants the foundations rights to receive additional units but merely ensures that the foundations receive those units they were already entitled to. Treasury Regulation Sec. 25.2522(c)-3(b)(1) does not bar a charitable deduction equal to the value of the additional LLC units given to the charitable foundations under the reallocation clause
    Estate of Petter v. Commissioner of Internal Revenue - filed August 4, 2011
    Cite as 10-71854
    Full text


Family Law
Mother's interest in appointed counsel to oppose guardianship petition did not outweigh the presumption that due process guarantees appointed counsel only where loss of liberty is threatened.
    Guardianship of H. C. - filed August 9, 2011, First District, Div. Three
    Cite as 2011 S.O.S. 44446
    Full text


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Los Angeles County Bar Association
2011-12 Trusts and Estates Section Newsletter
TRUSTS & ESTATES SECTION REVIEW
Amy L. McEvoy, Co-Editor,  Diane Young Park, Co-Editor,   Nelson J. Handy, Co-Editor

SECTION OFFICERS
Chair
Stuart D. Zimring

Vice-Chair
Kira S. Masteller

Secretary/Treasurer
Amy L. McEvoy

Immediate Past-Chair
Nelson J. Handy

Section Administrator
Erica Leon

EXECUTIVE COMMITTEE MEMBERS

Ronald Berman
Jill A. Brousard
Jackson Chen
Kim D. Doering
Larry S. Dushkes
Kenneth A. Feinfield
Jana Gordon Garrotto
Sibylle Grebe

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


SUB-SECTION MEMBERS
Liaison Beverly Hills Bar Association, Trudi Sabel Schindler
Liaison County Counsel, Susan Long, Deputy County Counsel
Liaison Public Interest, Yolande P. Erickson
Ex Officio, James R. Birnberg
Ex Officio, Laura Conti
Ex Officio, Susan Jabkowski
Ex Officio, Thomas H. Kenney
Ex Officio, Matthew W. McMurtrey
Ex Officio, Jonathan L. Rosenbloom
Ex Officio, Gary M. Ruttenberg