Thirty Days Before Trial: What You Must Know and Do
Judge Reva G. Goetz and two experienced trial attorneys will discuss LASC Local Rule 4.15 (joint trial statements), as well as other steps attorneys should take in the weeks prior to their trials. This class will be the first in a series of trial skills seminars designed specifically for trusts and estates lawyers.
Honorable Reva G. Goetz
Justin B. Gold, Esq.
Oldman, Cooley, Sallus, Gold, Birnberg & Coleman LLP
Jessica Uzcategui, Esq.
Sacks, Glazier, Franklin & Lodise
Date: Wednesday, March 14, 2012
Time: 12:30 p.m. to 1:30 p.m.
Location: Stanley Mosk Courthouse Special Events Center-Room 222/2nd Floor (**Please note that food & beverages are not permitted in the SEC**)
111 No. Hill Street
Los Angeles, CA 90012-3014
Check-in Begins at Noon
One Hour MCLE Credit-Provided by the LACBA Trusts & Estates Section
Click here to register for this event!
Save the Dates!!
Banks & Powers of Attorney - A Practical Solution, March 29, 2012
Mandatory/Refresher PVP Attorney Training Program, Saturday, May 5, at the Westin Pasadena. Speakers and topics TBA.
This course is required for attorneys applying to serve on the Probate Volunteer Panel and helps to satisfy the educational requirements for PVP attorneys set forth in the LASC Local Rules and the California Rules of Court.
View From The Bench June 21, 2012
(More details to come)
Extension To Elect Spousal Portability
The IRS issued Notice 2012-21 which provides that the IRS will grant an automatic six-month extension of time for filing an estate tax return (Form 706) to certain estates that did not apply for an extension before the return due date. That extension is available for estates of decedents (a) who died after 12/31/10 and before 7/1/11, (b) who have a surviving spouse, and (c) whose gross estate does not exceed the basic exclusion amount for 2011. The executor must file both the request for an extension (Form 4768) and the estate tax return not later than 15 months after the date of death. Further details are set forth in Notice 2012-21.
New Probate Case Cover Sheet
The Probate Case Cover Sheet and Certificate of Grounds for Assignment to District was revised and the new form should be used effective 1/1/12. This form is available here.
A Compendium of Recent Cases
Cases appear in chronological order, with the oldest case appearing first.
Trusts and Estates
Husband's alleged understatement of his wealth did not invalidate premarital agreement--wife waived right to disclosure, and trial court's finding that this waiver was knowing and voluntary was supported by substantial evidence where wife had the advice of two attorneys specializing in family law and estate planning during the nine months the agreement was being discussed and negotiated, her lawyer drafted the agreement and revised drafts in consultation with husband and his attorney, and wife had a professional background and evident business skills. Amendments to Family Code Sec. 1615, creating presumption that a premarital agreement was not executed voluntarily absent certain findings, do not apply to agreement executed before the amendments took effect.
In re Marriage of Hill and Dittmer
filed December 19, 2011, publication ordered January 18, 2012, Second
District, Div. Six
Cite as B226017
Trusts and Estates
Probate court's general power to supervise administration of trusts permits it to order a trustee's accounting on its own motion, and such order standing alone is not appealable.
Christie v. Kimball
filed January 26, 2012, Second District, Div. Six
Cite as 2012 S.O.S. 392
The IRS disallowed a $62 million deduction on an estate tax return for the estimated amount of California personal income tax that the estate might owe if the decedent's California tax avoidance plan failed to work. The income tax return employing the tax avoidance plan was filed post-death and after an FTB audit (initiated after the estate tax return was filed), the estate settled with the FTB for $26 million, of which $7 million was interest. The estate's pleadings demonstrated that the estimated amount of the California income tax claim was not ascertainable with reasonable certainty as of the date of death, and thus was not a valid deduction under Treas. Regs. Sec. 20.2053-1(b)(3) (as in effect prior to October 20, 2009). However, what was an uncertain claim became certain when the estate settled with the FTB, and the estate was allowed to deduct the amount actually paid to the FTB.
Naify Revocable Trust v. United States
filed February 15, 2012, 9th Circuit Court of Appeals
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|Los Angeles County Bar Association
2011-12 Trusts and Estates Section Newsletter
Stuart D. Zimring
Kira S. Masteller
Amy L. McEvoy
Nelson J. Handy
|EXECUTIVE COMMITTEE MEMBERS
Jill A. Brousard
Kim D. Doering
Larry S. Dushkes
Kenneth A. Feinfield
Jana Gordon Garrotto
Diane Young Park
Nicole M. Pearl
Myer J. Sankary
Gabrielle A. Vidal
Caroline C. Vincent
William Lane Winslow
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