Trust, Estate and Probate Proceedings

​Representative Cases

• Mediated, arbitrated and litigated numerous intra-family disputes (step­ parent against children, siblings against siblings, children against parent) involving breach of fiduciary duty claims with removal petitions and demands for accounting, some involving multi­ million dollar timberland, commercial property, ranch and farmland assets
  
  
• Tense, bitter dispute between children of decedent who died unexpectedly and decedent's secret paramour involving trust interpretation issues, Marvin claims, undue influence issues, with multi-million dollar settlement
  
  
• Action by adult children against father's estate for mismanagement of family farm business and breach of fiduciary duty to LLC members for decedent's secret adoption of the business manager to thwart right of first refusal provision in LLC bylaws; multi­ party case with substantial settlement
  
  
• Following protracted arbitration brought by adult children against corporate and individual Co-Trustees, obtained award rejecting claims of breach of fiduciary duty, waste, and self-dealing, and awarding attorneys' fees
  
  
• In a multi-million dollar claim by surviving spouse beneficiary, obtained on behalf of trustee a ruling that the action constituted a contest in violation of the terms of the Trust, upheld on appeal
  
  
• Sibling dispute over multi-million dollar testamentary trust established in 1947 involving whether adopted daughter was to be included as a beneficiary where the trust defined beneficiaries as "issue of the body" of testator's nephews
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• Towards the end of a 47 year romantic relationship, male partner's daughters accused female partner of physical and mental abuse which led to dementia. Male partner attempted to amend his Trust to favor daughters but was persuaded to benefit solely the partner. Pending Petition for Substituted Judgment to modify Trust propelled million dollar mediated settlement.
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