Ginzburg & Bronshteyn, APC represented Petitioner and Administrator, at trial concluding on October 27, 2020 in the Los Angeles Superior Court regarding PETITION FOR ORDERS FOR: (1) CONFIRMING ESTATE ASSETS AND DIRECTING TRANSFER TO ESTATE; (2) ELDER FINANCIAL ABUSE; (3) ELDER NEGLECT; (4) FRAUD; (5) CONSTRUCTIVE FRAUD; (6) DECLARATORY RELIEF; (7) CONVERSION; (8) EMBESSLEMENT; (9) DISINHERITANCE; AND (10) ATTORNEY’S FEES AND COSTS. The Court found (Order was issued on February 1, 2021) in favor of Petitioner and against Respondent and awards statutory damages to the Petitioner in the amount of $2,150,465.53 against Respondent. The Court awarded, pursuant to Probate Code § 859, additional statutory damages to the Petitioner in the amount of $724,229.16 against Respondent (twice the amount Respondent used to pay taxes).
Yasha Bronshteyn, Ginzburg & Bronshteyn, APC partner and litigator attended the LACBA Trusts and Estates Section’s annual View from the Bench program was held via ZOOM on March 15, 2021 from 12:30 to 1:30 pm. This special live program where the probate judges of the LA Superior Court will give the State of Probate Court and provide their view of current issues relating to probate practice.
The Arthur K. Marshall Award was also presented to Carmen Alberio with introduction by Hon. Brenda Penny.
Speakers included:
Hon. Brenda Penny
Hon. Robert Wada
Hon. Paul T. Suzuki
Hon. Daniel Juarez
Hon. Michael C. Small
Hon. Gus T. May
Hon. Deborah L. Christian
Hon. Ana Maria Luna
Hon. Jonathan Rosenbloom
Hon. Mark Priver
Orange County Court Update-Effective February 1, 2021, the Orange County Court will resume hearing in-person jury trials. All other Probate hearings will continue to be heard via video (Zoom) appearance unless specifically ordered otherwise by the Court. Beginning February 1, 2021, the Conservatorship Orientation Program will be available online as a video orientation. Completion of the video orientation is mandatory prior to the hearing date on the Petition for Appointment of Conservator. The video can be found on the court’s website.
Please contact an attorney to properly understand your rights and obligations as they relate to accounting in the context. It is crucial to have appropriate advice throughout all stages of litigation. We provide invaluable, creative, efficient and cost-effective legal services. To discuss your needs and discover your options, consult the Los Angeles incapacity and estate planning attorneys at Ginzburg & Bronshteyn, APC.
Our offices are available to help in with the Conservatorship Process as well as contested Trust Litigation.
The Conservatorship is needed when a personal cannot care of themselves or when they can not handle their own financial affairs.
The starting point for any mental capacity determination is Due Process in Competence Determinations Act found in Probate Code §§810 to 813, 1801, 1881, 3201, and 3204 (the Act). In 1995, the Legislature created the Act to clarify the legal capacity of a person who has a mental or physical disorder. The Act expressly states it broadly covers the capacity of such persons to perform all types of actions, “including, but not limited to” contracting, conveying, executing wills and trusts, marrying, and making medical decisions. (Probate Code, § 810(b)) “The mere diagnosis of a mental or physical disorder shall not be sufficient in and of itself to support a determination that a person is of unsound mind or lacks the capacity to do a certain act.” (Probate Code, § 811) Moreover, the Act declares there “exists a rebuttable presumption affecting the burden of proof that all persons have the capacity to make decisions and to be responsible for their acts or decisions.” (Probate Code, § 810(a)).
The Standard of Proof for a Conservatorsip is as follows:
o Clear and Convincing Evidence is required, “so clear as to leave no substantial doubt”
o Presumption is that proposed conservatee has capacity. (Probate Code §810 (a))
o Must Be Last Resort – Probate Code §1821(a)(3): Petitioner must inform court of alternatives to conservatorship and why the alternatives will not work.
It is important to properly present the case and evidence to effectively persuade court that the conservatorship is appropriate. Similarly, in situation where a conservatorship is not the least restrictive alternative or the party trying to become the conservator is not well suited our offices are effective in objecting to the proceeding. Conservatorships have recently been highlighted in the media and in the political environment. In fact, in the letter, a March 8, 2021, letter to the chair of the House Judiciary Committee, it was asserted that“…Given the constitutional freedoms at stake and opaqueness of these arrangements, it is incumbent upon our Committee to convene a hearing to examine whether Americans are trapped unjustly in conservatorships.” “In recent years, there has been growing public concern about the use of conservatorships to effectively deprive individuals of personal freedoms at the behest of others through the manipulation of the courts,” the letter, submitted on Mar. 8, continues. It is crucial to hire appropriate counsel to advocate in probate conservatorship proceedings.
We serve clients in Los Angeles, Orange County, Ventura County, and throughout Southern and Northern California including Agoura Hills, Berkeley, Beverly Hills, Calabasas, Camarillo, Encino, Hermosa Beach, Hidden Hills, Irvine, Lake Sherwood, Malibu, Marin County, Oxnard, Pasadena, Palo Alto, San Francisco, San Rafael, Santa Barbara, Santa Monica, Sherman Oaks, Simi Valley, Tarzana, Thousand Oaks, Torrance, West Los Angeles,Westlake Village, and Woodland Hills. Our attorneys are renowned for producing high quality work and working diligently to achieve our client’s goals. If you or someone you know is dealing with a dispute over the administration or execution of trust or estate in California, you should contact an experienced trusts and estates litigation attorney to ensure your interests are represented. We have developed a reputation for effective representation in complex and sophisticated matters as we guide you through the complex legal process. We are experienced in obtaining and defending against conservatorships. Our experienced Los Angeles conservatorship attorneys are here to help clients in Ventura County, Los Angeles, Orange County, Northern California and throughout Southern California defend their rights under the law. If you have questions about a loved one’s mental capacity, call the law firm of Ginzburg & Bronshteyn, APC at (310) 914-3222, (415) 465-6555, or (818) 787-1011, or reach us by using our online contact form.