Trusts, Tax, & Probate

• Prevailed at trial representing daughter of proposed conservatee seeking appointment of professional conservator of Estate over recommendation of PVP attorney that brother be appointed.
• Prevailed at trial representing trustee defending against Petition for Instructions challenging interpretation and distribution of trust.
• Argued the case of Carmack v. Reynolds (2 Cal. 5th 844) before the California Supreme Court in 2017, which provided guidance on the extent to which a creditor is able to enforce a judgment against a beneficiary’s interest in a trust.
• Prevailed at trial representing children of deceased defending omitted spouse and spousal property petitions.
• Successfully represented Trustee in defending multiple petitions seeking her removal and damages in multi-million dollar trust dispute.
• Prevailed in long cause trial on financial elder abuse claims representing a conservator, successfully streamlining issues to a short trial, and obtaining judgment for compensatory damages, attorneys’ fees and double damages.  Affirmed on Appeal in Kerley v. Weber (2018) 27 Cal. App. 5th 1187.
• City of Los Angeles v. Venice Peninsula Properties 31 Cal.3d 288 (1982):  Represented owner of real property in defense of claims by the City of Los Angeles and the State of California to the effect that the property was subject to a public trust easement for navigation, commerce and fisheries.
• Estate of Bowles v. Cavalli 169 Cal.App.4th 684 (2008):  Represented the former trustee of a trust in a case involving the standing of a beneficiary to bring suit on behalf of the trust against the former trustee.
• Represented purchaser of the stock of a corporation that operates a foreign-language school.
• After auditing client’s income tax return filed for 2005, Franchise Tax Board assessed an “accuracy related penalty” and interest in excess of $40,000.  Represented Client in protest of imposition of this penalty.  Result:  Penalty fully abated.
• Upon the death of Client’s mother, engaged to provide advice regarding the post-mortem trust administration of parents living trust and minimization of federal estate tax liability in excess of $2,000,000 anticipated to be incurred upon death of father.  Result:  Federal estate taxes paid upon father’s death the following year:  $59,431.
• Obtained judgment of dismissal of client following trial on undue influence and financial elder abuse claims against him.
• Negotiated on behalf of the purchaser a stock purchase agreement for the purchase of a foreign language academy.
• Successfully assisted a multiemployer pension plan through one of the longest retirement plan audits ever on the West Coast
• Have made numerous submissions to the IRS under the “Employee Plans Compliance Resolution System”
• Successfully represented Executor of Estate in undue influence trial, in which client recovered real property and monetary damages for the Estate.
• Prevailed at lengthy trial representing trust beneficiary who obtained removal of Trustee appointed by settler.