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VOLUME 11 | NUMBER 12 | DECEMBER 2016
 
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IN THIS ISSUE
 
Upcoming Events
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Save the Date
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Did You Know?
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Court News
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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

Roseann DeRosa

Jessica Ghirardo Gordon
Thompson Coburn LLP
jgordon@thompsoncoburn.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
 
2016 Legislative Highlights and Recent Cases
December 8, 2016

Please join us as we discuss this year's legislative and case law developments in Probate, Trusts, Guardianships, and Conservatorships.

Please click here for registration.
 
Got Bonds?
December 14, 2016

Presenters will go through the different types of bonds required in probate, address many different case situations and how the bonds/bonding companies were helpful in mitigating losses or restoring estates to their full amounts, and explore certain items in the code and how surety bonds not only protect the beneficiaries/wards of cases, but also attorneys.

Please click here for registration.

 
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Save the Date
 
Brown Bag: Topic The Interaction Between Spousal Property Petitions and the Administration of an Estate
January 18, 2017
More info TBA

Brown Bag: Understanding and Using Pooled Special Needs Trusts for Clients of Modest Means
February 15, 2017
More info TBA

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Did You Know?
 

Did you know…that the time to obtain a hearing on a Demurrer at the Santa Monica Courthouse has been reduced from 8-10 months to 5-6 weeks? This is as a result of the Court hiring two full-time research attorneys to only handle Demurrers.

 
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Court News
 
Mental Health Courthouse Had to Close Suddenly and Mental Health Cases are Now Being Held in the Metropolitan Courthouse.

The sudden move over one weekend was necessitated by structural problems at the old Mental Health Courthouse and the move had to be made to a courthouse that has secure holding areas. For the foreseeable future, mental health hearings will be at the Metropolitan Courthouse.

 
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Recent Cases
 
Trusts and Estates

Plaintiff's and defendant's mother, the testator, executed a quitclaim deed before executing her will. The deed gave a one-third interest in her real property to a family trust of which she and defendant were trustees, a one-third interest to her daughter, and a one-third interest to defendant. Subsequent quitclaim deeds transferred various interests in the property, but not defendant's one-third interest; and testator's will purported to convey all of her interest in the property to a trust for the benefit of plaintiff. Trial court did not err in concluding that defendant remained the owner of a one-third interest in the property, and defendant's efforts to protect that interest did not violate the will's no-contest clause.

Estate of Dayan
filed Nov. 3, 2016, Second District, Div. Five
Cite as 2016 S.O.S. 5593
Full text click here>

 
Taxation 

Trial court did not err in ruling that upon dissolution of a community redevelopment agency, real property tax increment revenue from a real property tax imposed to raise funds for the pension obligations of the county in which the agency was located must be, under Art. XVI, Sec. 16 of the state Constitution, distributed to the Redevelopment Property Tax Trust Fund to pay the debts of the former redevelopment agency. Under the "waterfall" and "reverse waterfall" provisions of legislation dissolving former redevelopment agency, only the amount necessary to service former redevelopment agency's bond debt may be deducted from the amount that passes through from the Redevelopment Property Tax Trust Fund to the county under a "passthrough" agreement, instead of being used to meet the enforceable obligations of the former redevelopment agency.

City of San Jose v. Sharma - filed Nov. 3, 2016, Third District 
Cite as 2016 S.O.S. 5541 
Full text click here > 

 
 
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