- In This Issue -

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

Jana Gordon Garrotto, Law Offices of Garrotto & Garrotto

Jacqueline M. Real-Salas, Law Offices of Jacqueline M. Real-Salas,

Stefanie S. Cutler, Bloom & Ruttenberg

Nelson J. Handy, Fiduciary Law Services, Inc.,

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An ePublication of the Los Angeles County Bar Association
Volume 8, Number 5 • June 2013 • Archive of Past Issues
Trusts and Estates Section Home Page

Coming Events

A View from the Bench 2013:
Probate Department, Los Angeles Superior Court

June 20, 2013

Registration: 11:30 - 12:00
Meal/Reception: 12:00 - 12:30
Program: 12:30 - 13:30
Omni Los Angeles Hotel
251 South Olive Street
Los Angeles, California 90012

Program Information:
Join us as Hon. Reva G. Goetz, Hon. Marvin M. Lager, Hon. Daniel S. Murphy, Hon. Roy L. Paul, Hon. James A. Steele and Cmm'r David J. Cowan discuss recent developments in the Probate Department of the Los Angeles Superior Court.

Commr. David J. Cowan, Los Angeles Superior Court
Hon. Reva G. Goetz, Los Angeles Superior Court, Central District
Hon. Marvin M. Lager, Los Angeles Superior Court
Hon. Daniel S. Murphy, Los Angeles Superior Court
Hon. Roy L. Paul, Los Angeles Superior Court
Hon. James A. Steele, Los Angeles Superior Court

CLE+ Members (meal not included) FREE
CLE+ Members (meal included) $45.00
Probate Court Staff $45.00
Law Student $45.00
County Counsel $45.00
Trusts & Estates Section Member $65.00
LACBA Member $100.00
All Others $135.00
$700 Sponsor $700.00

1 hour CLE credit, including Estate Planning, Trust and Probate Law Legal Specialization Credit

Recent Cases

Government Code Sec. 7510(b)(1)--which prescribes the method for determining the assessed value of a private lessee's leasehold interest in real property owned by a state public retirement system, when the lessee has leased only a portion of the property--is facially unconstitutional insofar as it bases a lessee's assessment on the lessee's allocable share of the full cash value of the property, based on the lessee's percentage of the total leasable square feet of the property. The exempt remainder or reversionary interest, belonging to the public retirement system owner, is included in the assessment of the lessee's possessory interest, the statute violates the prohibition against assessing property taxes on publicly owned real property, as well as the prohibition on assessing property in excess of its fair market value.
California State Teachers' Retirement System v. County of Los Angeles
filed May 7, 2013, Second District, Div. Three
Cite as B225245
Full text

Trusts and Estates
Probate court erred in admitting will to probate on the basis of the Probate Code Sec. 6110(c)(1) presumption of due execution where there was no evidence of the genuineness of one of the subscribing witness signatures. No reasonable trier of fact could have admitted will to probate on the basis of clear and convincing evidence of testamentary intent, pursuant to Sec. 6110(c)(2), where there was no evidence as to why the 34-year-old putative testator executed the will and no identification of the person who advised the testator how to prepare it or other evidence of the circumstances of its drafting or execution; and the will was found in the possession of testator’s father, who was a subscribing witness, had a strong motive to have the will admitted to probate, and was known to have forged the testator’s signature on other documents.
 Estate of Ben-Ali
filed May 29, 2013, First District, Div. One
Cite as A132979
Full text 



Los Angeles County Bar Association
2012-2013 Trusts and Estates Section Newsletter

Kira S. Masteller

Amy L. McEvoy

Trudi Schindler

Immediate Past-Chair
Stuart D. Zimring

Section Administrator
Brendan Tarnay


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

Duncan Hromadka
Diane Y. Park
Jacqueline M. Real-Salas
Sandra (Sandy) R. Riley
Myer J. Sankary
Gabrielle A. Vidal
Caroline C. Vincent
William L. Winslow

Liaison, Barristers Section, Lauren C. Liebes
Liaison, Beverly Hills Bar Association, Trudi Schindler
Liaison, County Counsel, Susan Long, Deputy County Counsel
Liaison Public Interest, Yolande P. Erickson
Ex Officio, James R. Birnberg
Ex Officio, Susan Jabkowski
Ex Officio, Thomas H. Kenney
Ex Officio, Matthew W. McMurtrey
Ex Officio, Jonathan L. Rosenbloom

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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.

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