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VOLUME 11 | NUMBER 8 | AUGUST 2016
 
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IN THIS ISSUE
 
Upcoming Events
>
Save the Date
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Did You Know?
>
Court News
>
Recent Cases
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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



 
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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

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Save the Date
 
Aviva Bobb PVP Symposium

October 22, 2016

 
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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).
 
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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

 
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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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