August 2016

VOLUME 11 | NUMBER 8 | AUGUST 2016

	IN THIS ISSUE
Upcoming Events		>
Save the Date		>
Did You Know?		>
Court News		>
Recent Cases		>

The Trusts and Estates Bulletin is published monthly by the Trusts and Estates Section, coeditors: Jana Gordon Garrotto Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP jgarrotto@wrslawyers.com Stefanie S. Cutler Bloom & Ruttenberg scutler@bloom-ruttenberg.com Richard A. Luftman Richard A. Luftman, Attorney at Law RLuftman@luftmanlaw.com Roseann DeRosa Law Office of Roseann DeRosa roseann@rderosalaw.com Trusts and Estates Executive Committee Officers: Matthew W. McMurtrey, Chair Julia L. Birkel, Vice-Chair Marc L. Sallus, Esq, Secretary & Treasurer William L. Winslow, Immediate Past Chair Members: Susan Ellen Barlevav Aurora Leigh Perez Basa Steven P. Beltran Roseann DeRosa Zachary Dresben Jana Gordon Garrotto Sibylle Grebe Duncan Hromadka Deborah Keesey Patricia A. Lobello-Lamb Stephen M. Lowe Richard A. Luftman Mary L. O'Neill John E. Rogers, Jr. Donald L. Scoggins Lisa Greta Wick Barristers Liaison Jessica Ghirardo Gordon County Counsel Liaison William C. Sias Public Interest Liaison Yolande P. Erickson Ex Officio Members: James R. Birnberg Stefanie S. Cutler Susan Jabkowski Kira S. Masteller Amy L. McEvoy Jonathan L. Rosenbloom Trudi Schindler Stuart David Zimring

	Upcoming Events

Trusts and Estates Symposium New Developments in Probate Litigation and Estate Planning, Plus How to Present Winning Fee Requests Before the Probate Court September 23, 2016, from noon to 4:30 p.m. Millennium Biltmore Hotel This year's symposium will include a look at recent changes in California and federal law that significantly impact probate litigation and estate planning, plus offer a scholarly and pragmatic guide for success in seeking fee awards in probate matters. More information
	Save the Date

Aviva Bobb PVP Symposium October 22, 2016

	Did You Know?

Did you know...the following California Rules of Court regarding Guardianships (Chapter 21) were revised/added effective July 1, 2016: Rules 7.1002 (Acknowledgement of receipt of Duties of Guardian), 7.1002.5 (Guardianship of ward 18 to 20 years of age), 7.1004 (Termination of guardianship), 7.1013 (Change of ward's residence), 7.1020 (Special Immigrant Juvenile findings in guardianship proceedings).

	Court News

LASC Continues Telephone System Upgrade with New Fax Numbers. As part of the ongoing upgrade of the Los Angeles Superior Court's telephone system, new fax numbers will be introduced at all courthouse locations over the next several weeks. More information Judicial Council Forms, new and revised More information

	Recent Cases

Real Property Plaintiff, who alleged that his original lender assigned his deed of trust to a securitized investment trust formed under New York law pursuant to a pooling and service agreement requiring that any loan included in the trust had to be transferred into the trust by the "closing date," failed to state a cause of action for wrongful foreclosure by the trust based on his DOT being transferred after that date. Under New York law, the late transfer was voidable, not void. Yhudai v. Impac Funding Corporation - filed July 29, 2016, Second District, Div. One Cite as 2016 S.O.S. 3908 Full text click here

Trusts and Estates Judgment creditor obtained a judgment, but did not levy on the debtor's property until after the debtor died. Third party claim was subsequently invalidated under the Enforcement of Judgments Law. That order was voidable because the EJL does not apply to proceedings against the assets of deceased persons, but it was not void, and became final once the time to appeal ran. Torjesen v. Mansdorf - filed July 5, 2016, Second District, Div. Four Cite as 2016 S.O.S. 3394 Full text click here

Dismissal of beneficiary's Probate Code Sec. 17200 petition to determine the validity of a trust amendment after settlor's death--where petitioner alleged that settlor lacked testamentary capacity and was subject to undue influence when he executed the amendment and trial court dismissed under Sec. 17202 on the ground that a disclaimer by another beneficiary had restored petitioner to his pre-amendment position--was contrary to public policies of effectuating a testator's intent and dissuading elder abuse, and was premised on the erroneous view that the disclaimer effectuated a settlement of the lawsuit. Gregge v. Hugill - filed July 13, 2016, Sixth District Cite as 2016 S.O.S. 3570 Full text click here

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