Probate Administration
When an individual passes away, a probate is often required to appoint someone who will have the authority to collect and protect the deceased person’s property so that it can be distributed according to the instructions in a will or to that person’s heirs. That person, called an executor or administrator, has a number of important responsibilities to fulfill, all under the watchful eye of the probate court. Although some probates are simple and straightforward, many are difficult and complex, and require a knowledge of the California Probate Code, the California Rules of Court and the each counties local rules. We have represented many executors and administrators in the proper performance of their duties, including sales of real and personal property, claims for spousal and family support, handling creditor’s claims, and actions to collect wrongfully taken assets (850 petitions).
Trust Administration
A living or revocable trust can eliminate the need for probate. However, a trustee is a fiduciary and has many of the same responsibilities as an executor of a will. For example, a trustee is required to collect and manage trust property, report information to the trust’s beneficiaries, and collect assets omitted from the trust estate (Heggsted petitions) and even make decisions about how to interpret trust provisions. These tasks can raise a number of legal issues that require the advice of counsel. We have represented both lay and professional trustees in the proper performance of each of these tasks, as well as trust beneficiaries looking to ensure that the trustee performs his or her duties in a fair and legal manner.
Conservatorships
Elders and dependent adults are often the most vulnerable members of our population. A conservatorship is a court proceeding to appoint someone to handle the affairs of an adult who is no longer able to manage his or her financial affairs or personal needs, or to resist fraud or undue influence from others. We have represented individuals seeking the good faith appointment of a conservator for a parent or loved one, interested family members, and professional fiduciaries, including cases where appointment is contested. Our representation often continues well after the appointment of a conservator, where we assist conservators in the proper performance of their duties, including accounting, sales and substituted judgment proceedings.
Probate & Trust Litigation
When a family member or loved one dies with a poorly worded estate, or no estate plan at all, when heirs have unrealistic expectations, or when others have exercised undue influence, conflict is sometimes unavoidable. We have represented individuals and entities in a variety of actions: good faith contest or defense of a will or trust, executors and trustees seeking guidance to properly performs his or her duties, beneficiaries looking to ensure distribution of their rightful share, and spouses enforcing claims to community property. We strive to resolve disputes quickly through the use of mediation or settlement conferences. However, when quick resolution is not an option, we have substantial experience in pre-trial litigation and have successfully defended and prosecuted a variety of matters at trial, including undue influence, lack of testamentary capacity and breach of fiduciary duty.
Estate Planning
People work their entire lives in the hopes of leaving something to their loved ones. A thoughtfully drafted estate plan is the best method of ensuring that your wishes are carried out after you have passed away. A will or a living trust, along with powers of attorney, allow you to determine those important decisions as who will inherit your property, and permit you to nominate someone you trust to carry out your wishes upon your death or incapacity. If you have minor children, your estate plan will also let you decide who will raise them and manage your estate for their care and support. We don’t just plug names into a form, but rely on our years of handling disputed matters to pre-inform your choices when crafting an estate plan to reduce the risk of post-death disputes and ensure that more of your estate goes to your beneficiaries and not toward legal fees.