Estate Litigation

The Law Offices will consider on a case by case basis representing a client on a contingency fee basis. This means that if there is no recovery or satisfactory result then no fee is paid to the attorney. The Client would be expected to pay the filing fee and other hard costs of the case. Otherwise the litigation rate is $300/hour.

Caregiver Abuse, Elder Abuse, Fiduciary Abuse

Litigation falling under this category is for the recovery of a Senior’s money or assets that has been wrongfully taken or received by someone else. In this situation, a caregiver, salesman, friend or family member gets the senior to transfer the Senior’s assets to themselves. There are many different theories of recovery which would include but are not limited to:

1. Fiduciary Abuse
2. Elder Abuse
3. Undue Influence
4. Conversion
5. Disqualified Beneficiary under Probate Code 21350

Trust Contest - Will Contest or Trust Defense – Will Defense

Litigation falling under this category would include someone challenging the validity of a trust or will or specific provision of a trust or will. Effective January 1, 2011, a new law goes into place that would essentially remove "no contest" clauses or similar provisions that would prevent a trust or will challenge. The key to this litigation is to determine the true “intent” of what the decedent wanted

Trustee Breach of Duties – Defense of Trustee

Litigation falling in this category occurs when a trustee is not following the terms of the trust and is instead doing acts that benefit himself contrary to the intent of the trust document.