- In This Issue -

Coming Events
Save the Date
Special Announcements
Recent Cases

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, jackie@realsalaslaw.com

Stefanie S. Cutler, Bloom & Ruttenberg

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  An ePublication of the Los Angeles County Bar Association
Volume 9, Number 2 February 2014   Archive of Past Issues
Trusts and Estates Section Home Page

Coming Events:
March 15

The Life after Death of Digital Assets

Presented by: Trusts and Estates Section

Program Information:
This program will cover dealing with digital assets during the estate planning process. It will address identifying digital assets, licensed vs. owned, appointing a digital executor, following provider policies, and review of at death policies of popular providers such as iTunes, Google, Yahoo, and Facebook.

Susan J. Cooley, Oldman, Cooley, Sallus, Birnberg & Coleman, LLP
Kira S. Masteller, Lewitt Hackman Shapiro Marshall & Harlan

Omni Los Angeles Hotel
251 South Olive Street
Los Angeles, California 90012

Room: Bunker Hill Ballroom

$12 Valet Parking

Registration: 12:00-12:30 PM
Meal/Reception: 12:00 - 12:30 PM
Program: 12:30 - 1:30 PM
Custom Communication: This program is appropriate for all levels.


CLE+ Member - meal not included FREE
CLE+ Member $50.00
Probate Court Staff $50.00
Law Student $50.00
Government Attorney/Employee $65.00
Paralegal or Law Clerk $65.00
Trusts & Estates Section Member $65.00
LACBA Member $95.00
All Others $125.00

Save The Date:
April 26: the Mandatory/Refresher Probate Volunteer Panel Attorney Training Seminar
9:00am – 12:30 pm
Venue TBD

Special Announcements:

Revenue Procedure 2014-18 provides an automatic extension of time to file an estate tax return to elect portability for decedents who died after 12/31/10 and before January 1, 2014. The automatic extension also applies to decedents survived by a same-sex spouse. In order to take advantage of the automatic extension, an estate tax return must be filed by 12/31/14. For more information, please click here.

Please click here to see Probate Division Changes at the Stanley Mosk Courthouse

Recent Cases:

-Trusts and Estates-
Court erred by applying Probate Code Sec. 6100.5 testamentary capacity standard instead of the sliding-scale contractual standard in Sec. 810 and Sec. 812 where the trust instruments at issue were more complex than a will or codicil, as the instruments addressed community property concerns, income distribution for a surviving spouse, and the creation of multiple trusts. Family Code Sec. 721(b), which imposes a duty of the highest good faith and fair dealing, and gives rise to the presumption of undue influence, applied, so court should have used the presumption of undue influence and shifted the burden to defendant to rebut the presumption where the defendant gained advantage through decedent’s trust.
     Lintz v. Lintz - filed January 14, 2014, Sixth District
     Cite as 2014 S.O.S. H037738
     Full text http://www.metnews.com/sos.cgi?0114//H037738

-Trusts and Estates-
The 2008 amendment to the Civil Code Sec. 3344.1(p), which provides that a deceased celebrity’s right of publicity is descendible, did not create a new right to the interests in community property for a party who received a settlement before the amendment went into effect expressly waiving claims to additional property interests. Res judicata barred relief to a petitioner making the same assertion of primary rights-—a claim of a community property interest in the right to publicity-—as in the previously settled litigation.
     Crosby v. HLC Properties; Ltd. - filed January 29, 2014, Second District, Div. Three
     Cite as 2014 S.O.S. B242089
     Full text http://www.metnews.com/sos.cgi?0114//B242089

-Intellectual Property-
Washington's Personality Rights Act gives the heirs of a deceased celebrity a protectable interest in the celebrity’s name and likeness. As applied to the sale in Washington of merchandise bearing such name and likeness, it is not preempted by the Due Process Clause or the dormant Commerce Clause, in the case of a celebrity who was not domiciled in Washington at the time of death and whose state of domicile at that time does not recognize such post-mortem publicity rights. Defendant’s use of plaintiff’s trademark as part of Internet domain names to sell merchandise was not protected as a "nominative" fair use, as such protection only applies where a defendant uses plaintiff’s mark to refer to plaintiff’s product. District court’s order striking the bulk of plaintiff’s damages under Rule 50(b)(3) of the Federal Rules of Civil Procedure was error where there was significant evidence of plaintiff’s lost profits, goodwill, and reputation as a result of defendant’s violations of the Lanham Act and state law, but alternative ruling granting new trial on damages under Rule 59 was within the court’s discretion.
     Experience Hendrix L.L.C. v. Hendrixlicensing.com LTD - filed January 29, 2014
     Cite as 2014 S.O.S. 11-35858 web
     Full text http://www.metnews.com/sos.cgi?0114//11-35858 web


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

Amy L. McEvoy

Trudi Schindler

William L. Winslow

Immediate Past-Chair
Kira S. Masteller

Section Administrator
Brendan Tarnay


Julia L. Birkel
Jill A. Brousard
Jackson Chen
Stefanie S. Cutler
Roseann DeRosa
Kim D. Doering
Larry S. Dushkes
Jana Gordon Garrotto

Sibylle Grebe
Duncan Hromadka
Albert F. Mikulencak
Leigh Shipp Muniz
Mary L. O'Neill
Jacqueline M. Real-Salas
Marc L. Sallus

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

Ex Officio, Stuart Zimring

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rovided should be independently verified by the reader and should not be treated as authoritative.

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