- In This Issue -

Coming Events
Save the Date
Recent Cases

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

Jana Gordon Garrotto, Law Offices of Garrotto & Garrotto
jjggarrotto@msn.com

Jacqueline M. Real-Salas, Law Offices of Jacqueline M. Real-Salas, jackie@realsalaslaw.com

Stefanie S. Cutler, Bloom & Ruttenberg
scutler@bloom-ruttenberg.com


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Reach your target audience by becoming a sponsor of the Trusts and Estates Section. Please contact
Jacqueline M. Real-Salas
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  An ePublication of the Los Angeles County Bar Association
Volume 9, Number 3 March 2014   Archive of Past Issues
Trusts and Estates Section Home Page


Coming Events:

March 18
San Fernando Valley Bar Association and LACBA
Probate Settlement Officer Training Program

Program Information:
The Probate Settlement Program Committee invites you to attend a Settlement Officer Training Program. Speakers, including sitting and retired judges and fellow settlement officers, will discuss the highly successful LASC Probate Settlement Conference Program and the ADR process in general. Topics will include advance planning, confidentiality, working with self-represented parties, quickly resolving small but factually complicated matters, and documenting settlements.

A Bench-Bar mixer will follow for current volunteer settlement officers.

Speakers:
Hon. James A. Steele (Moderator); Hon. David J. Cowan; Hon. Daniel S. Murphy; Hon. Aviva K. Bobb (Ret.); Hon. Arnold Gold (Ret.); Yacoba Feldman, Esq.; Howard L. Horwitz, Esq.; Lawrence Lebowsky, Esq.; Leanne Maillian, Esq.; Blake Rummel, Esq.; Myer Sankary, Esq.; Joel Simon, Esq.; Andrea VanLeesten, Esq.

Location:
Stanley Mosk Courthouse Special Events Center
Room 222
(No food allowed in Special Events Center. Lunch will not be provided.)

Times:
Registration 12:00 Noon
Program 12:30-4:30 pm
Bar-Bench Mixer 4:30-5:00 pm

Registration:
Register at (818) 227-0490, ext. 101 or epost@sfvba.org.
Applications for the Pro Bono Probate Settlement Program can be downloaded at www.sfvba.org.

Prices:
Free to volunteer probate settlement officers and applicants;
$50 for non-volunteers or non-applicants



March 20

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.

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

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

Room: Bunker Hill Ballroom

Parking:
$12 Valet Parking

Times:
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.

Prices:

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

Recent Cases:

-Criminal Law and Procedure-
After finding substantial evidence that minor was incompetent--Juvenile Court lacked jurisdiction to allow minor’s counsel to waive a competency hearing on the matter, and could not make a competency determination under Welfare and Institutions Code Sec. 709 without considering expert testimony.
     In re John Z. - filed February 10, 2014, First District, Div. Two
     Cite as 2014 S.O.S. A138728
     Full text http://www.metnews.com/sos.cgi?0214//A138728

-Trusts and Estates-
Court properly dismissed a petition for an order to remove trustees from the retirement fund handling the retirement system for a city under the Probate Code, as the retirement fund was a pension plan that was expressly excluded from the definition of "trust" under Probate Code Sec. 82. California Constitution, Article XVI, Sec. 17’s phrase that "the assets of a public pension or retirement system are trust funds" did not override Sec. 82, since the intent behind characterizing public pension assets as trusts was not to override the exclusionary language of Sec. 82.
     Meyers v. The Retirement Fund of the Federated City Employees - filed January 22, 2014, publication ordered February 13, 2014, Sixth District
     Cite as 2014 S.O.S. H037933
     Full text http://www.metnews.com/sos.cgi?0214//H037933

  -Trusts and Estates-
Trial court correctly ruled that trustee of testamentary trust had no right to sell taxi medallion held by settlor at the time of his death--under a pilot program adopted by local transportation agency that would have allowed sale of medallions on the open market--because the pilot program did not go into effect until after trustor died, so prior law barring the transfer or inheritance of medallions applied.
     Yesson v. San Francisco Municipal Transportation Agency - filed January 30, 2014, publication ordered February 26, 2014, First District, Div. Two
     Cite as 2014 S.O.S. A136527
     Full text http://www.metnews.com/sos.cgi?0214//A136527

 

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

SECTION OFFICERS
Chair
Amy L. McEvoy

Vice-Chair
Trudi Schindler

Secretary/Treasurer
William L. Winslow

Immediate Past-Chair
Kira S. Masteller

Section Administrator
Brendan Tarnay

EXECUTIVE COMMITTEE MEMBERS

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


  SUB-SECTION MEMBERS
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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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
rovided should be independently verified by the reader and should not be treated as authoritative.

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