Case Summaries
PROBATE REPRESENTATIVE CASES
- Dissolution of marriage. Parties sought to determine community property nature of home, land development business entity and debt. Respondent sought to recover attorney fees, spousal support, and personal property distribution. Three other matters were mediated with this case for global settlement.
- A land development corporation’s main shareholder sought damages against his ex-wife and her parents for trade libel, claiming they interfered with his business relationships by contacting current partners and prospective business clients with libelous allegations and causing losses in the millions of dollars to the business.
- Civil case seeking damages involving allegations of child molestation by a family member.
- Contest involving validity of trust and testamentary capacity to execute and/or amend trust. Undue influence or duress in execution of will and or trust.
- Dispute involving creditor lien holder, Medi-Cal seeking to recover reimbursement for provided services in a 3rd party judgment; Disputed question whether judgment arose from a wrongful death claim or a survival claim.
- Competing petitions for guardianship among non-parent family members; competing petitions for Conservatorship among family members; competing petitions for Conservatorship between family and non family members.
- Trust contest questioning whether Trustee breached his fiduciary duty in administering the estate by making expenditures that were not a benefit to the estate and beneficiaries.
- Unlawful Detainer case involving relationship between rent paid by tenant who was also an apartment manager. Questioned whether notice to pay rent or quit was properly alleged once employment relationship was terminated though (former employee) tenant remained on premises. Issues involved Civil Code section 1174.21 and 1942.4.
- Dispute as to whether real property transfer was a fraudulent donative transfer in violation of the “care custodian” presumption of Probate Code section 21360, et seq. Fiduciary responsibilities in administration of conservatorship property.
- Will contest re: validity of will, undue influence, competing adopted child and non-family beneficiary.
- Dispute concerning “contingency” attorney fee and costs in settled case.
- Interpretation of Trust instrument giving life estate in separate property to surviving spouse where administration of property questions the fiduciary’s failure to conserve property’s value.
- Several cases involving trust and estate accountings, attorney fee and costs disputes, administration disputes, attorney substitutions fee disputes; propriety of conservator administration costs and fees.
