ESTATE OF DUKE - FILED DECEMBER 5, 2011, SECOND DISTRICT, DIV. FOUR
CITE AS 2011 S.O.S. 6501
Sacks Glazier Franklin & Lodise LLP, led by partner Meg Lodise, successfully moved for summary judgment on a petition for determination of heirship and defended the trial court result on appeal on behalf of two brothers who, despite not being named in their uncle’s will, were deemed the lawful heirs. In the recently published Estate of Duke, the testator provided for his wife and two charitable organizations in a holographic will, in the event he predeceased his wife, or if he and his wife died at the same time. The testator also included a disinheritance clause, upon the occurrence of anyone contesting the will’s provisions. However, there was no disposition in the event the testator outlived his wife, which is what ultimately occurred. A California Court of Appeal determined that since the will did not account for the situation that actually transpired, it was to be treated as if he died without a will. The Court reiterated that since the result was complete intestacy, outside evidence is inadmissible to provide further explanation, even where the deceased specifically included a disinheritance clause in the will. The Court further deemed that any alleged oral declaration of the deceased’s intent could not be used to supply omitted terms of the will.
BENNY ROSHAN HOSTS WLALA "DRESS FOR SUCCESS" EVENT
Benazeer "Benny" Roshan, as chair of the Women Lawyers Association of Los Angeles' Law Student Mentoring Committee organized and hosted "Dress for Success" on November 17, 2011 at the Banana Republic in the Century City Mall. The event included a fashion show showcasing appropriate business, business casual and casual looks for the office and other career-related events as well as professional make-up consultation. Nearly 80 lawyers and law students from the Los Angeles area attended. The event was featured in the December 2, 2011 issue of the Los Angeles Daily Journal.
SACKS GLAZIER FRANKLIN & LODISE
NAMED U.S. NEWS-BEST LAWYERS "BEST LAW FIRMS"
Sacks Glazier Franklin & Lodise has been recognized in the 2011-2012 U.S. News-Best Lawyers “Best Law Firms” Metropolitan First-Tier rankings in the category of Litigation-Trusts & Estates.
U.S News-Best Lawyers “Best Law Firms” rankings are based on a thorough evaluation process that included thousands of clients, highly skilled lawyers and law firm representatives. Topics of evaluation included a firm’s expertise, responsiveness, cost-effectiveness and civility.
PARTNER MARGARET LODISE SELECTED AS
"LOS ANGELES BEST LAWYERS LITIGATION-TRUSTS & ESTATES LAWYER OF THE YEAR" FOR 2012
October 2011
Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Margaret Lodise as the "Los Angeles Best Lawyers Litigation - Trusts & Estates Lawyer of the Year" for 2012.
Ms. Lodise specializes in estate, trust and conservatorship litigation, as well as providing expert testimony and handling appellate work in the area of estates, trusts and conservatorships. Ms. Lodise was appointed and currently serves as the Guardian ad litem for the minor children of Michael Jackson in connection with the probate of Mr. Jackson's estate. Ms. Lodise regularly writes and speaks on estate, trust and ethics-related issues before both bar and community organizations. She is the immediate past-chair of the Trusts and Estates Executive Committee of the State Bar of California.
After more than a quarter of a century in publication, Best Lawyers is designating "Lawyers of the Year" in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the "Lawyer of the Year."
Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 18th edition of The Best Lawyers in America (2012) is based on more than 3.9 million detailed evaluations of lawyers by other lawyers.
The lawyers being honored as "Lawyers of the Year" have received particularly high ratings in the surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity.
SACKS GLAZIER FRANKLIN & LODISE APPOINTS NEW PARTNERS -
MATTHEW W. MCMURTREY AND JESSICA A. UZCATEGUI
September 28, 2011
LOS ANGELES, CA - The trusts and estates litigation firm, Sacks Glazier Franklin & Lodise LLP, has named Matthew W. McMurtrey and Jessica A. Uzcategui partners in the ten-lawyer firm effective January 1, 2012.
"We congratulate Matt and Jessica on their commitment and success as we welcome both to the partnership," said managing partner Ken Glazier. "They are invaluable assets to the firm and our clients."
Mr. McMurtrey obtained his J.D. from the University of California at Los Angeles School of Law and a B.A. from the University of California, Riverside. He has previously been named a Southern California Super Lawyer - Rising Star. Mr. McMurtrey currently serves on the Executive Committee of the Los Angeles County Bar Trusts and Estates Law Section.
Ms. Uzcategui obtained her J.D. from Harvard Law School and a B.S. from Duke University. She has been named a Southern California Super Lawyer - Rising Star and previously received the Benjamin Aranda III Outstanding Public Service Award - Los Angeles County Bar Association. Ms. Uzcategui serves as a Vice-Chair for the American Bar Association Real Property Trust and Estate Law Section, Ethics and Malpractice Committee.
SACKS GLAZIER FRANKLIN & LODISE SUCCESSFULLY DEFENDS APPEAL IN PROBATE CASE
July 29, 2011
LOS ANGELES, CA – The trusts and estates litigation firm, Sacks Glazier Franklin & Lodise LLP, led by partner Terrence M. Franklin and Of Counsel Matthew W. McMurtrey, successfully defended an appeal brought by a defendant against the firm’s clients, two trust beneficiaries. The main issue in the case involved whether the defendant, who did not appeal following a court order determining that the plaintiff’s pleading would not violate the no contest clauses of a trust and a will, could later appeal that order after the initial time to appeal expired.
In the case (Amiad v. Cohen, 4th Dist., Div. 3, 5/25/11), two separate petitions were brought against the trustee, Irene Cohen, following the trustor’s death. The first petition, brought by the trustor’s son, Moshe Amiad, was filed only after the court issued an order declaring that his proposed pleading would not violate the no contest clauses of the trustor’s will and trust. Moshe’s petition challenged, among other issues, the validity of four amendments to the trust and requested that the trustee be removed. The second petition, brought by the trustor’s grandson, Yariv Amiad, also requested trustee removal and challenged the trustee’s financial decisions by seeking over $1.5 million in surcharges.
Although the cases were not formally consolidated, the trial court held a joint trial on both petitions, ultimately removing Cohen as trustee and surcharging her $1.5 million (1) for misuse of trust assets to pay for her own attorneys’ fees, (2) for penalties and interest assessed by the Internal Revenue Service for late filing of a federal estate tax return, and (3) for trust investment losses.
The Court of Appeal affirmed the trial court’s decision. On the first petition, the appellate court found that it had no jurisdiction to hear any issues relative to the no contest clause, stating that the "defendant's failure to timely appeal from the order declaring the first petition would not violate the no contest provisions of either the trust or the will bars her from asserting the issue in these appeals."
Regarding the second petition, the appellate court concluded that the surcharges were properly assessed. The trustee could not use trust assets to reimburse herself for her personal attorneys’ fees; the trustee could not offset trust investment profits against principal losses to mitigate responsibility for such losses; and the trustee could not submit matters that occurred after the judgment was rendered in an attempt to reverse the penalties and interest assessed by the IRS.
SACKS, GLAZIER, FRANKLIN & LODISE OBTAINS FAVORABLE
JUDGMENT IN CHARITY ORAL PLEDGE CASE
May 2011
LOS ANGELES, CA - Sacks, Glazier, Franklin & Lodise, led by attorneys Bob Sacks, Ken Glazier and Benazeer Roshan, together with co-counsel, represented Dawn Arnall, the wife of the late businessman and former ambassador to the Netherlands, Roland Arnall, in defending a claim of a substantial oral charitable pledge. In a lawsuit filed in Los Angeles Superior Court in 2009, Chabad of California Inc. (Chabad) claimed that, just prior to his death in 2007, Mr. Arnall had verbally promised to donate $18 million to Chabad to fund a new Family Center, and further claimed that Mr. Arnall had initially promised to give between $18 million and $40 million in 2004. Although the Arnalls had donated millions of dollars to Chabad and other charities over the years, Mrs. Arnall denied Chabad's claim that Mr. Arnall had made an oral pledge to Chabad of $18 million. She noted that Mr. Arnall had made no written reference to such a pledge and that the only person claiming to have heard Mr. Arnall make such a pledge was the head of Chabad, Rabbi Cunin. After a bench trial which lasted 21 days, the trial judge ruled in Mrs. Arnall's favor in May 2011, finding that Chabad "has failed to prove by a preponderance of evidence that Mr. Arnall promised to pay Chabad or Rabbi Cunin $18 million . . . to fund the development or construction of the Project."SACKS GLAZIER FRANKLIN & LODISE PARTNER BOB SACKS DESIGNATED
TO TASK FORCE UPDATING NATIONAL PROBATE COURT STANDARDS
March 24, 2011
LOS ANGELES, CA - Partner Bob Sacks has been designated as a member of a Task Force that will be updating the National Probate Court Standards during 2011-2012. Appointed via the American Bar Association Section on Real Property, Trust and Estate Law, Mr. Sacks will serve on the 10-person Task Force along with six members from the National College of Probate Judges, and representatives of the American College of Trust and Estate Counsel (ACTEC), the National Association for Court Management, and the National Center for State Courts. The project is being funded by the State Justice Institute, the ACTEC Foundation, and the Borchard Foundation, and staffed by the National Center for State Courts.
SACKS, GLAZIER, FRANKLIN & LODISE PARTNERS AGAIN RECOGNIZED AS SOUTHERN CALIFORNIA SUPER LAWYERS FOR 2011
LOS ANGELES - All Sacks, Glazier, Franklin & Lodise partners have been named 2011 Southern California Super Lawyers for their successes in Trust & Estate Litigation:
Terrence M. Franklin was honored for a seventh year.
Kenneth M. Glazier was honored for a sixth year.
Margaret G. Lodise was honored for a seventh year.
Robert N. Sacks was honored for an eighth year.
Only five percent of the lawyers in Southern California are named by Super Lawyers. The selections for Super Lawyers are made by Law & Politics, a division of Key Professional Media, Inc. of Minneapolis, Minn. Each year, Law & Politics undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by Law & Politics' attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check.
SACKS GLAZIER FRANKLIN & LODISE PARTNER MEG LODISE INSTALLED AS
CHAIR OF CALIFORNIA STATE BAR TRUSTS & ESTATES SECTION
September 28, 2010
LOS ANGELES, CA – Margaret Lodise, a partner with the trusts and estates litigation firm Sacks Glazier Franklin & Lodise LLP, was recently installed as Chair of the California State Bar Trusts & Estates Section Executive Committee at the State Bar’s 83rd Annual Meeting in Monterey, CA on September 26, 2010. Ms. Lodise previously served as Vice-Chair.
“The section provides important services for our members and for the public at large and I’m privileged to be serving as Chair for the coming year,” says Ms. Lodise. “I look forward to working with the executive committee and section as a whole to further awareness of significant legal issues in the trusts and estates arena and to fulfilling the section’s role in providing education to trusts and estates attorneys, and the community.”
As Chair, Ms. Lodise will oversee the activities of the section subcommittees. Those subcommittees are charged with providing education to the section’s members, monitoring, drafting, and critiquing legislation affecting those areas of the law which have an impact on the trusts and estates field, and providing services to clients and the general public, such as the educating seniors program which provides valuable education to seniors to help them to find proper estate planning vehicles and avoid scams. Section membership includes more than 6,000 attorneys with interests and expertise in Estate Planning, Income and Transfer Taxes, Trust and Estate Administration, Trust and Estate Litigation, Incapacity (including Conservatorship, Guardianship, and Elder Law), and Ethics.
Ms. Lodise is also a Fellow of the American College of Trust and Estate Counsel, past Chair of the Trusts and Estates Section of the Los Angeles County Bar Association, and is a former President of the Women Lawyers' Association of Los Angeles. She serves on the Board of Trustees of Pomona College and on the Board of Governors for the City Club of Los Angeles.
As published in The Recorder, NLJ Legal Pad and Metropolitan News.
SACKS GLAZIER FRANKLIN & LODISE PARTNERS NAMED TO
2011 EDITION OF THE BEST LAWYERS IN AMERICA®
August 17, 2010
LOS ANGELES, CA - All four Sacks Glazier Franklin & Lodise partners were selected by their peers for inclusion in the 2011 edition of The Best Lawyers in America®. Terrence M. Franklin, Kenneth M. Glazier, Margaret G. Lodise and Robert N. Sacks were recognized for their work in trust and estate litigation.
Selection to Best Lawyers is based on a comprehensive and meticulous peer-review survey comprising more than 3.1 million confidential evaluations by the top attorneys in the country.
SACKS GLAZIER FRANKLIN & LODISE BRINGS ON NEW ATTORNEYS – J’LENE MORTIMER AND LINDSAY LARRIS
July 26, 2010
LOS ANGELES, CA – The trust and estate litigation firm, Sacks Glazier Franklin & Lodise LLP, has added two new attorneys to its team: J’lene C. Mortimer and Lindsay K. Larris.
J’lene and Lindsay are both talented litigators. We look forward to the contributions they will make on behalf of our clients and the firm,” said managing partner Kenneth Glazier.
Ms. Mortimer was previously a litigation associate with Quinn Emanuel Urquhart & Sullivan, LLP. She received her J.D. from the University of Virginia School of Law, and was the Executive Editor of the Virginia Journal of Law and Technology. Ms. Mortimer is a member of the State Bar of California, United States District Court, Central District of California.
Prior to joining Sacks Glazier Franklin & Lodise, Ms. Larris was a litigation associate with Gibson, Dunn & Crutcher, LLP. She obtained her J.D. from the University of Pennsylvania Law School, where she served as the Co-Founder and Editor-in-Chief of the Journal of Animal Law and Ethics and Associate Editor of the Journal of International Economic Law. She is a member of the State Bar of California.
Associate Jessica Uzcategui Recognized in
2010 Southern California Super Lawyers - Rising Stars
LOS ANGELES, CA - Jessica Uzcategui, Associate with Sacks, Glazier, Franklin & Lodise LLP, has been named to the 2010 Super Lawyers - Rising Stars list for her work in Trust & Estate Litigation. This is the third year Ms. Uzcategui has been on the list.
Rising Stars is a listing of top lawyers who are 40 years old and younger who have been in practice 10 years or less. The selections for this esteemed list are made by the research team at Super Lawyers, which is a service of the Thomson Reuters, Legal division. Each year, the research team at Super Lawyers undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area and a good-standing and disciplinary check.
PARTNER TERRENCE FRANKLIN NOMINATED TO ABA COUNCIL FOR
REAL PROPERTY, TRUST & ESTATE LAW SECTION
January 26, 2010
LOS ANGELES, CA – Partner Terrence Franklin with the trusts and estates litigation firm, Sacks Glazier Franklin & Lodise LLP, has been nominated to the American Bar Association Council for the Real Property, Trust & Estate Law section. The Council serves as the governing body of the section and oversees communications, continuing legal education, membership, nominations, government submissions, and more. This is Mr. Franklin’s first term serving on the Council, which will run until August 2012.
“It’s an honor to be selected to serve among an esteemed group of colleagues,” said Mr. Franklin. “I look forward to building upon the previous term’s successes and enhancing the section’s mission overall.
The ABA Section of Real Property, Trust and Estate Law consists of nearly 30,000 members and is the third largest ABA section.
SACKS, GLAZIER, FRANKLIN & LODISE PARTNERS AGAIN RECOGNIZED AS SOUTHERN CALIFORNIA SUPER LAWYERS FOR 2010
LOS ANGELES - All Sacks, Glazier, Franklin & Lodise partners have been named 2010 Southern California Super Lawyers for their successes in Trust & Estate Litigation:
Terrence M. Franklin was honored for a sixth year.
Kenneth M. Glazier was honored for a fifth year.
Margaret G. Lodise was honored for a sixth year.
Robert N. Sacks was honored for a seventh year.
Only five percent of the lawyers in Southern California are named by Super Lawyers. The selections for Super Lawyers are made by Law & Politics, a division of Key Professional Media, Inc. of Minneapolis, Minn. Each year, Law & Politics undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by Law & Politics’ attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check.
PARTNER MARGARET LODISE RECOGNIZED IN
LOS ANGELES BUSINESS JOURNAL’S “WHO’S WHO IN L.A. LAW”
October 5, 2009
LOS ANGELES, CA – Partner Margaret Lodise was featured in the Los Angeles Business Journal special report, “Who’s Who in L.A. Law 2009” recognizing the area’s top 100 lawyers. Ms. Lodise was acknowledged for her work in trusts and estates litigation with prominent clients such as the Los Angeles County Museum of Art, Northern Trust, Wells Fargo and Michael Jackson’s children. She was one of six attorneys included in the trusts and estates category. “I’m pleased to be selected,” said Ms. Lodise. “It’s truly an honor to be recognized among so many talented Los Angeles attorneys.”
The Los Angeles Business Journal surveyed local recruiters, various legal experts, and lawyers themselves to compile the Top 100 Lawyers, which was grouped into 12 practice areas.
PARTNER MARGARET LODISE
APPOINTED GUARDIAN AD LITEM FOR MICHAEL JACKSON’S CHILDREN
--Ms. Lodise chosen to protect minors’ interests in the estate proceedings--
August 20, 2009
LOS ANGELES, CA – Partner Margaret Lodise was selected by Superior Court Judge, Mitchell Beckloff, as Guardian ad Litem of Michael Jackson’s children - "Prince" Michael, Paris, and Prince "Blanket” - to represent their financial interests in all matters relating to their father’s estate. As guardian ad litem, Ms. Lodise will advocate on behalf of the children in connection with their rights in their father’s estate, including the resolution of certain contracts proposed by the estate’s Special Administrators, John Branca and John McClain, but opposed in part by Katherine Jackson, Michael Jackson’s mother and another beneficiary, who opposes certain elements of the contracts.
“It’s critical that the children’s best interests are taken into consideration, and I will work with the court to resolve these matters in a timely manner,” said Ms. Lodise. This ongoing story has been covered in prominent media outlets such as the Los Angeles Times, Chicago Tribune, Daily Journal, KPCC, and more.
SACKS GLAZIER FRANKLIN & LODISE LLP
SUCCESSFULLY DEFENDS APPEAL IN PUBLISHED OPINION
--Terrence Franklin and Matthew McMurtrey obtain affirmation in probate case--
April 10, 2009
LOS ANGELES, CA - The trusts and estates litigation firm, Sacks Glazier Franklin & Lodise LLP, announced that attorneys, partner Terrence Franklin and Of Counsel Matthew McMurtrey, successfully defended an appeal brought against the firm's client on the important issue of when ambiguous language contained in a trust document may be reformed without violating the trust's no contest clause. Although most appellate court decisions are not certified for publication, this is Mr. Franklin's fourth successful published California appellate court or Supreme Court decision.
Please click here to read entire press release.
All Sacks, Glazier, Franklin & Lodise Partners Recognized as 2009 Southern California Super Lawyers
LOS ANGELES - All Sacks, Glazier, Franklin & Lodise partners have been named 2009 Southern California Super Lawyers:
Terrence M. Franklin was honored for a fifth year for his successes in Estate Planning & Probate.
Margaret G. Lodise was honored for a fifth year for her achievements in Trust & Estate Litigation.
Kenneth M. Glazier was honored for a fourth year for successes in Trust & Estate Litigation.
Robert N. Sacks was honored for a sixth year for his accomplishments in Trust & Estate Litigation.
Only the top 5% of attorneys in Southern California are selected for this annual list, which is based on extensive research, including a nine-month selection process, a blue-ribbon panel review, independent research by Law & Politics Magazine and data verification to confirm merit.
Attorney Lisa Wick Joins Trusts & Estates Litigation Firm
Sacks Glazier Franklin & Lodise LLP
October 29, 2008
LOS ANGELES, CA – The trust and estate litigation firm, Sacks Glazier Franklin & Lodise LLP, has announced the addition of attorney G. Lisa Wick. Ms. Wick’s practice includes all aspects of trust, estate, and conservatorship litigation. The firm’s clients include individual beneficiaries, personal representatives, charitable organizations and educational institutions, as well as individual and corporate fiduciaries.
“We’re pleased to welcome Lisa as the eighth lawyer in our firm,” said managing partner Kenneth Glazier. “Her depth of litigation expertise and leadership skills align well with the work we do for our clients, and will enhance the firm as a whole.”
Prior to joining Sacks Glazier Franklin & Lodise, Ms. Wick was a civil and appellate litigator at Quinn Emanuel Urquhart Oliver & Hedges LLP. She received her B.A. from the University of California at Berkeley and her J.D. from Yale Law School in 2004. Ms. Wick is a member of the Los Angeles County Bar Association and American Bar Association, as well as the Black Women Lawyers Bar Association.
Attorney Benazeer Roshan Joins Trusts & Estates Litigation Firm Sacks Glazier Franklin & Lodise LLP
October 7, 2008
Los Angeles, CA - The trusts and estates litigation firm, Sacks Glazier Franklin & Lodise LLP, has announced the addition of attorney Benazeer ("Benny") Roshan. Ms. Roshan's practice will encompass all aspects of trust, estate and conservatorship litigation and mediation. The firm's clients include individual beneficiaries, personal representatives, charitable organizations and educational institutions, as well as individual and corporate fiduciaries.
"We're fortunate to have Benny join our team as we continue to expand our trust and estate litigation firm," said managing partner Kenneth Glazier. "Her extensive litigation experience will be an asset to our firm and to our clients."
Prior to joining Sacks Glazier Franklin & Lodise, Ms. Roshan was a commercial litigator at Baker Hostetler LLP. She received her B.A. in Psychology, magna cum laude, from the University of California, Los Angeles and her J.D. from the University of California, Berkeley, Boalt Hall School of Law.
Jessica Uzcategui Awarded Benjamin Aranda III Outstanding Public Service Award
by the Los Angeles County Bar Association
June 26, 2008
Jessica A. Uzcategui, an attorney with the trust and estate litigation firm Sacks, Glazier, Franklin & Lodise LLP, recently received the Benjamin Aranda III Outstanding Public Service Award from the Los Angeles County Bar Association. Ms. Uzcategui was recognized for her work with the Barristers Domestic Violence Project, which provides pro bono legal assistance to clients seeking restraining orders against violent partners or family members. Ms. Uzcategui has volunteered her time to the Project since September 2005.
Sacks, Glazier, Franklin & Lodise Of Counsel and Associate Recognized as 2007 Southern California Super Lawyers - Rising Stars
LOS ANGELES- Sacks, Glazier, Franklin & Lodise Of Counsel, Matthew McMurtrey, and Associate Jessica Uzcategui, have been recognized as 2007 Super Lawyers - Rising Stars:
Matthew McMurtrey was honored for a second year for his accomplishments in Trust & Estate Litigation.
Jessica Uzcategui was honored for a second year for her accomplishments in Trust & Estate Litigation.
The Rising Star selection process includes peer nominations of "the best up-and-coming" attorneys, plus independent research and data verification by Law & Politics Media, Inc. to evaluate merit. Only 2.5% of licensed, practicing attorneys in Southern California meeting established requirements receive the designation.
