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VOLUME 12 | NUMBER 8 | AUGUST 2017
 
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IN THIS ISSUE
 
Upcoming Events
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Save the Date
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Did You Know?
>
Court Update on Processing of Orders
>
Recent Cases
>

 

The Trusts and Estates eBulletin
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

Roseann DeRosa

Jessica Ghirardo Gordon
Thompson Coburn LLP
jgordon@thompsoncoburn.com

Trusts and Estates Executive Committee Officers:

Julia L. Birkel, Chair
Marc L. Sallus, Esq, Vice-Chair
Stefanie S. Cutler, Secretary & Treasurer
Matthew W. McMurtrey, Immediate Past Chair

 


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Upcoming Events
 
Annual Trusts and Estates Symposium @ Millennium Biltmore
Date: September 15, 2017
Program and Lunch: 12:00—4:30 p.m.
Location: 506 South Grand Ave Los Angeles, CA 90071

Program Description:
This year’s symposium will explore the effect proposed changes to the rules of professional conduct will have on an attorney’s approach to clients with diminishing capacity. A second panel will examine the impact family law issues have on both estate planning and post-death administration. Plus a third panel will present practical advice for navigating California’s complicated property tax rules.

2 hrs CLE credit, 1 hr Legal Ethics including Estate Planning, Trust & Probate Law Legal Specialization Credit.

More information to be announced

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Save the Date
 
Probate Atty/Judge CLE Program @ LACBA
Date: October 19, 2017

More information to be announced
 
Limited Conservatorship PVP Training
Date: October 28, 2017

More information to be announced
 
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Did You Know?
 

Did you know?... that the Trusts and Estates Section has a new Resources for the Trusts and Estates Practitioner page online. Click here.

Do you know?... if you or your fellow Trusts and Estate Practitioners are having trouble receiving listserv emails or the Trusts and Estate eBulletin you can call LACBA Member Services at (213) 896-6560.

 
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Court Update on Processing of Orders
 

Waiting for your Proposed Order?

The Court has worked on remedying backlog issues related to Probate Orders experienced due to unforeseen staffing shortages. Attorneys and staff have worked overtime, streamlined processes and worked closely with the Supervising Judge to expedite and prioritize order processing. The Court is committed to providing timely service, processes approximately 150 orders every work day, has just successfully integrated efiling, and thanks you for your patience during this time of transition. Ultimately we will have a better, more efficient process as we continue to find ways to improve our services.

Following are useful tips to keep in mind when looking for a conformed copy of your order:

  • Please wait up to two weeks after submission for return of your order.  Each order is processed by efiling staff and is routed to Attorneys or Examiners for review, requires approval by the Judicial Officer, is processed by courtroom staff, and then is returned to the Clerk’s Office for scanning and electronic notification to submitting party. The Court is in progress of developing an electronic workflow system that we hope will further expedite the process.
  • Please do not submit duplicate orders. Doing so creates unnecessary work by increasing the volume of orders to process. Orders are processed by date received.  Submitting duplicate copies or making premature inquiries for orders increases the workload and slows down the process.
  • Verify the Probate Case Summary available on the court public website or with your EFSP provider before contacting the court to verify if your order has been entered. If the order is on the register of actions, then you may obtain copies or certified copies from the records unit.
  • If a proposed order is submitted electronically, you will receive a processed order back via your portal. If you submitted your proposed order in court for Judicial Officer signature, a copy to conform and method of return (attorney service return slip or self-addressed, stamped envelope) must be provided if you are not leaving with your conformed copy of the order. You will not receive an electronic copy if you do not efile the order. After an order is signed and filed, copies or certified copies can be requested in person or by mail to the Records unit located in Room 112, 1st floor at SMC or in the Probate Clerk's Office in Antelope Valley.
 
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Recent Cases
 
Criminal Law and Procedure

Except where there is an express statutory exception, a person legally separated from a spouse at the time of that spouse's death is a "surviving spouse."

Irvin v. Contra Costa County Employees' Retirement Association - filed June 30, 2017, First District, Div. One
Cite as 2017 S.O.S. 3408
Full text click here >


Family Law

Arizona's "revocation on divorce" statute--automatically revoking all dispositions to a former spouse upon divorce and requiring a person intending to retain such dispositions to re-designate the former spouse in writing and in compliance with the instrument's formalities--precludes a former wife from receiving proceeds of her late ex-husband's individual retirement account.

Lazar v. Kroncke - filed July 14, 2017
Cite as 2017 S.O.S. 15-15078
Full text click here


Real Property

A court may not order a partitioning of property by the appraisal method--whereby each half-owner could bid to purchase the other half-owner's interest, with the minimum bid set by appraisal--where the parties had not agreed to that method.

Cummings v. Dessel - filed July 19, 2017, First District, Div. Four
Cite as 2017 S.O.S. 3620
Full text click here >

 
 
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