The first program of 2020 for Santa Monica Bar Association by Yasha Bronshteyn of Ginzburg & Bronshteyn, APC on Thursday, January 30, 2020, JW Marriott Santa Monica Le Merigo the program ran from 12:30 p.m. to 1:30 p.m.
Mr. Bronshteyn discussed family law issues in conservatorship proceedings. Issues included whether a person under a conservatorship can determine that they want to marry or divorce their souse. Probate Code §1900 - The appointment of a conservator of the person or estate or both does not affect the capacity of the conservatee to marry or to enter into a registered domestic partnership. The case that is directly on point is IRMO Greenway 217 Cal.App.4th 628, 639 (2013). The issue being - Did Mr. Greenway have capacity to divorce Mrs. Greenway? The analysis must start with Probate Code Section 810 (Rebuttable presumption all persons have capacity to make decisions and be responsible for their acts or decisions, (b) - Person with mental or physical disorder may still be capable of…marrying and Probate Code Section 811 (Lack of capacity if mental deficit(s) significantly impair person's ability to understand and appreciate the consequences of his or her actions regarding the type of action or decision they are undertaking).
On February 27, 2020, Yasha Bronshteyn was a featured guest on KABC 790 am radio. Every week host Stan Katzer interviews industry experts on various topics to both entertain and educate his audience on 790 KABC radio's hit show "So, What's Your Problem?" Mr. Bronshteyn discussed family law, estate planning, and trust litigation.
Will be in attendance at April 16-18, 2020, Fiduciary Attorney Summit in Santa Barbara California. The "Summit" will focus on trust and estate litigation, including the ins and outs of court trials including the attorneys' approach to advocating for their clients and fiduciaries who find themselves on the witness stand defending an accounting, their fees or the decedent's pre-mortem capacity. Sessions will include on resolving intra-family disputes, working through mediation, handling depositions and preparing for expert testimony, including cross-examination of experts. The Summit will include discussion of Probate Code Sections 850, 859, 2580 and 17200, objections to accountings, asserting lack of capacity, undue influence, fraud and mistake, and asserting elder abuse and elder abuse remedies.
Will be presenting to the Northern San Diego Probate Bar on Conservatorship issues in July of 2020.