May issue of CITATIONS - Ventura County Bar Association

MAY 2011 • CITATIONS 13each file. He does not now and does not planin the future to rely on a probate attorney orsimply rubber-stamp someone else’s orders.As a result, when a continuance is granted,he must review the file again before the nexthearing; he hates continuances and the wasteof judicial resources they cause.Having experience in private practice, JudgeReiser is sympathetic to an attorney’s effortsto be paid for his or her work. But, JudgeReiser is disinclined to award attorney’sfees to counsel for estates that are morethan two years old. Further, he believesthat extraordinary fees are warranted onlyin certain circumstances. Examples ofappropriate circumstances for extraordinaryfees are Estate Tax Returns (Form 706) or,perhaps, the sale of real property. But, in thecase of the sale of real property, $2,000 is theballpark of what is reasonable.Judge Reiser views bonds as helpful and hasnever met a bond he did not like. He favorsbonds because, in his experience, there isvirtually no defense to an action on bond.In fact, even if a will provides for a waiver ofbond, if the executor or executrix is out ofstate, he may exercise his discretion in favorof requiring a bond. Further, he encouragespractitioners to embrace bonds and be waryof requesting bond waivers from beneficiarieswho are not clients and are not representedby individual counsel.As a final piece of advice, Judge Reiserreminded the probate and estate planningattorneys that when the court orders anaccounting by a certain date, it is not asuggestion. He urges attorneys to abide bydeadlines scheduled by the court.Joanna Orr is anassociate at FergusonCase Orr Paterson LLPin Ventura. Her practicefocuses on taxation,with an emphasis onbusiness transactions,nonprofit organizationsand real estate.Trusted Experience. Real Results.Accident ReconstructionMarc A. FirestonePh.D.Katherine J. Edwards, Esq.To find out more about PMA or view our neutrals’ profiles, contact us at:www.pma-adr.com or 877.678.1010Irvine • Los Angeles • San Francisco • San Diego • Inland Empire • Century City • Sacramento • Las Vegas“I approach forensic engineeringnot as a narrow vocational activitybut as a scientific inquiry.”Objective Analysis and Scientific IntegrityCombines over 20 years of experience as a professional researchscientist with a 40 year old forensic engineering firm. I have handledhundred of cases in:■ Vehicular accident reconstruction■ Slip/Trip falls■ Product defects■ Fires■ Unusual cases requiringa broad scientific background© 2011 PMA is a Sarnoff Company.Louise A. LaMothe, Esq.2510-g Las Posas Rd.#513Camarillo, CA 93010Phone: (805) 388-7123E-Mail: fireball@mailaps.org