Click for LACBA Trusts and Estates Section Newsletter Online Version
VOLUME 11 | NUMBER 10 | OCTOBER 2016
 
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IN THIS ISSUE
 
Upcoming Events
>
Save the Date
>
Did You Know?
>
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

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
 
Brown Bag: Everything you wanted to know about PVPs, but were afraid to ask...
October 19, 2016
Please join us for this informative program on a number of topics relevant to the Probate Volunteer Panel (PVP), including PVP reports, appointments, the PACE program, and Conservatorship Clinic procedures.
Please click here for registration.


October 22, 2016
This year's program theme is "triage": we will be covering urgent and important problems that our clients face when we are appointed, such as imminent evictions and/or foreclosures, conflicts with care facilities, and difficulties with Regional Centers.
> Please click here for registration.


Collecting from the Dead
Wednesday October 26, 2016
Just in time for Halloween, the Remedies and Trusts and Estates Sections of LACBA present this program to help you to deal with a truly gruesome situation: when your debtor dies with debts unpaid. You will learn how to obtain assets from the estates of the dead through probate and trust proceedings.
Please click here for registration.


The 2016 USC Gould Trust and Estate Conference
Friday, November 18, 2016

Register now for the USC Gould School of Law's 42nd Annual Trust and Estate Conference, co-sponsored by the LACBA Trusts and Estates Section, at The Westin Bonaventure Hotel in downtown Los Angeles.

To see the complete lineup of speakers and topics, click here.

The early bird rate of $485 increases after October 10, 2016, so register now to save!

 
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Save the Date
 
Limited Conservatorship PVP Training
November 12, 2016
Will be held at Sheraton Universal, Downtown

Lunch time presentation at the Omni Hotel -
Legislative and Litigation Update Jim Birnberg and Marc Sallus
December 8, 2016

Brown Bag: "Got Bonds?"
December 14, 2016

Brown Bag: Topic TBA
January 18, 2017

Brown Bag: Topic TBA
February 15, 2017


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Did You Know?
 

Did you know... if your matter is placed off calendar it remains on the Case Summary until the matter is formally called during the calendar and placed off calendar, then a minute order is prepared reflecting this.

Did you know... if you need an earlier setting date than what the window is currently setting (you should check with the filing window first on the setting date), then you can prepare a Declaration of Urgency and present the declaration & petition to the Probate Attorney on duty in the Ex Parte Office. The documents must be presented during between 8 am-12 pm in Room 260. If the Probate Attorney finds that an earlier setting date is justified, they will give the petition an "okay to set" date, then the petition can be filed in the Clerk’s Office.

 
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Recent Cases
 
Trusts and Estates

Probate Code Sec. 15305, which gives trial court discretion to order a trustee to make distributions of income and principal to satisfy child support orders, takes precedence over a "shutdown" clause in the trust instrument, which would otherwise allow trustee to refuse to make distributions that would be subject to claims of creditors. Code of Civil Procedure Sec. 709.010 gives trial court discretion to direct trustee to satisfy a community property judgment lien from the debtor/beneficiary's share of the trust.

Pratt v. Ferguson
     filed Sept. 6, 2016, Fourth District, Div. Three
     Cite as 2016 S.O.S. 4581
     Full text click here

 Estate of Bruce Barton v. ADT Security Services Pension
     filed Sept. 20, 2016
     Cite as 2016 S.O.S. 13-56379
     Full text click here

 
 
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