Trust & Probate Estate Litigation
We advocate on behalf of beneficiaries, trustees and executors.
We handle claims and defenses concerning:
- Will and trust contests
- Breaches of fiduciary duty
- Capacity to make a will or trust, codicil, or trust amendment
- Undue influence
- Elder abuse
- Trust and probate administration
We seek to resolve matters through negotiation, mediation, arbitration and court trial.
- Prevailed on motion for judgment on the pleadings to dismiss will contest; at trial defeated 50% of claim of contract to make a will.
- Obtained settlement of $3.5 million in claim to set aside trust amendment based on claims of undue influence.
- Settled claim to set aside trust amendment based on claims of undue influence and lack of capacity with clients receiving distribution $1.6 million.
- Settled claim as to whether certain property was community property claim or separate property of decedent, resulting in $357,000 distribution.
- Settled claim against trustee for failing to distribute and account, and for breach of fiduciary.
- Settled claim by wife’s family following deaths of husband and wife resulting in distribution of approximately $250,000 to wife’s heirs.
- Settled objections to trustee’s accounting and claims against trustee.
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