Estate Planning and Probate Section Active with the Bench, Bar and Beyond
By Gina L. Lera, Chair of the Estate Planning and Probate Section Executive Committee

When you think of estate planning and probate law, does the Estate Planning and Probate Section of the SCBA come to mind? If not, it should. This diverse and dynamic section is one of the most active in the SCBA, and is a valuable resource to the probate bar, the probate court, and our community. Over the last year, this section has been busy advancing the practice of estate planning and probate in our community, providing education, information, and support to practitioners, and working with the Court to assist in addressing and resolving concerns in this area of the law.

The Executive Committee of the Estate Planning and Probate Section
(from left to right: Julieanne Hinrichsen of the Sacramento County Counsel's Office, Edward Corey of Weintraub, Genshlea, Chediak & Sproul, Gina L. Lera of Wagner, Kirkman, Blaine & Youmans, and Frederick "Fritz" Heise, of the Law Office of Frederick C. Heise

The Estate Planning and Probate Section is led by an executive committee consisting of: Gina L. Lera, of Wagner, Kirkman, Blaine & Youmans, as Chair; Julieanne Hinrichsen, of the Office of County Counsel, as Vice Chair; Frederick "Fritz" Heise, of the Law Office of Frederick C. Heise, as Secretary, and Edward Corey, of Weintraub, Genshlea, Chediak & Sproul, as Treasurer. The diverse leadership of this section allows for a broad perspective in dealing with issues that face practitioners, and assures that all practitioner viewpoints are taken into consideration.

The section holds a luncheon meeting the third Tuesday of every month (except July, August and December) at noon at the Dante Club. Attendance at these monthly meetings ranges from 80 to 135 people, and includes attorneys, paralegals, accountants, fiduciaries, and others interested in this area of the law. These meetings are an outlet for sharing information among the Court, practitioners, and others involved in the estate planning and probate process.

Presentations and speakers are designed to provide useful and practical information to the practitioner and others interested in this area. Last year, under the leadership of Frayda L. Bruton, the section sponsored several nationally recognized speakers, such as Terry Ross on the topic of "Special Needs Trusts" and Betty Orvell on the topic of "Distributions from Qualified Plans." In addition, the section co-hosted with Mechanic's Bank a well-attended half-day educational forum in April, and also provided a one hour presentation from the "Other Bar" on substance abuse.

Although 2002 was an exciting year for the section in attracting national-level speakers, the most popular luncheons remain those when the Judge, the Court staff, and local practitioners speak. The January meeting on recent developments is especially popular. Traditionally, James Willett has addressed the section on Recent Developments at its January meeting. However, this year, the tradition was proudly passed on to James Deeringer who currently speaks on this topic for CEB. Mr. Deeringer provided an exceptional presentation for the Section's January meeting, and the torch was officially passed. The Section thanks Mr. Willett for his years of devoted service and commitment, and extends its appreciation to Mr. Deeringer for his support in carrying on this tradition.

The section is also fortunate to have the commitment and support of the current Probate Judge, the Honorable Charles Kobayashi, and the personnel of the Court. The best attended meeting of the year is undoubtedly the February meeting on "Perspectives from the Bench." This year, Judge Kobayashi provided a very enlightened, quite humorous, and much appreciated perspective for practitioners of the inner workings of the Court, and the current administrative issues with which it is coping. A close second in attendance is the annual presentation in November from the probate attorneys and examiner. Last year, members of the Section enjoyed an informative and upbeat presentation by Evelyn Skall, Sharon Kabochi, and Jim Aaron from the Court, including their own version of probate trivial pursuit. Without a doubt, the participation of the Judge and Court personnel is an integral ingredient to the success of the Estate Planning and Probate Section, and their presentations truly facilitate practice before the Court.

In addition to speaking at section luncheons, the Court and its personnel are committed to working with section leaders to address and resolve issues impacting practitioners. The "Bench/Bar Committee" was formed several years ago, and consists of members of the bar, the executive committee of the Section, the Court, and Court personnel. The "Bench/Bar Committee" meets each month in Department 122 at noon. This meeting is open to all who would like to attend. These meetings are a wonderful forum to present both praise and constructive criticism of the bench and bar, and to seek resolution, to the extent possible, of issues impacting both the Court and the Bar.

Through hard work, the members of the Bench/Bar Committee have many accomplishments to their credit. This group implemented an extensive mediation training program offered to members of the section, and established standards for joining the Court's Probate Mediation Panel. Also, members of this committee reviewed and updated the list of attorneys for appointment in guardianship and conservatorship matters, and developed pre-requisites for appointment, including organizing and videotaping a required three day course on guardianships and conservatorships. Currently, the Bench/Bar Committee is reviewing court procedures in the face of the budget crisis and the anticipated statewide re-engineering of the court system. A sub-committee chaired by Evelyn Skall has been formed to review these issues.

The Bench Bar meetings are also a forum for reviewing proposed local rules, procedures, and calendar configurations. Any problem, large or small, can be tackled in this setting. The section is fortunate to be able to present these issues to the Court, and believes that the Court is also grateful to have a means of communicating its concerns directly to practitioners through its membership.

Admittedly, the Estate Planning and Probate Section focuses upon practitioners and the Court, by providing education and facilitating open communication between the bench and the bar. However, the section's continuing commitment to the community is not to be overlooked. Members of the section give unselfishly to the community by volunteering in the Probate Self-Help Clinic at the courthouse, as well as volunteering to serve as settlement conference judges and accepting court appointments.

The Estate Planning and Probate Section traditionally makes a donation to the Voluntary Legal Services Program (VLSP) each year. In 2002, the Section was able to donate a substantial contribution of $5,000 to VLSP to make up its anticipated budget shortfall. The section is very proud of this contribution.

2002 was a wonderful year for the Estate Planning and Probate Section. Its members should be proud of the accomplishments of its board, and can look forward to a great 2003. If you wish to learn more about the Estate Planning and Probate Section, you may contact Gina L. Lera at Wagner, Kirkman, Blaine & Youmans at (916) 920-5286, or email at gina@wkblaw.com.