Probate and Trust Disputes
Estate and Trust Litigation
The firm handles the prosecution and defense of Probate and Trust disputes, including both Will and Trust Contests, Claims against the Estate or Trust, Capacity Issues and other lawsuits filed against or brought on behalf of the Decedent.
Claims against Fiduciaries
The firm handles the prosecution and defense of fiduciaries with respect to allegations that Executors, Administrators, and/or Trustees have failed to carry out his/her/its/their fiduciary duties.
The firm advises fiduciaries with respect to the compliance of his/her/its/their duties to beneficiaries, conservatees, and wards to avoid personal liability for allegations of breaches of fiduciary duties. Specifically, the firm advises clients on the implementation of the Prudent Investor Rule and the California Uniform Principal and Income Act with respect to investment and accounting techniques to manage the assets under the fiduciary's control.
Alternative Dispute Resolution
The firm often advises and counsels clients to participate in the cost-effective approach of alternative dispute resolution to help facilitate settlement of disputes, including arbitration, trial by private judges, and mediation.
Modification of Trusts
In some cases, irrevocable trusts require modification based on a change in circumstances not contemplated by the original settlors, trustors, or grantors. The firm assists clients in filing petitions to modify trusts to conform to changes in law or fact with the approval of the court.