Trusts and Estates Planning, Probate and Litigation

OVERVIEW

The preservation of wealth and its transfer to future generations in accordance with our clients’ vision is the focus of our trusts and estates planning team.

Whether structuring a basic estate plan or more complex protection for intricate estates, we tailor our counsel to the unique needs of individuals and families today and their legacies for tomorrow. Our counsel covers a wide range of planning, administration, probate and fiduciary litigation issues that can arise.

We work with and represent individuals, families, family offices and affiliated advisors, fiduciaries, and the owners of closely held businesses. Members of our team include a certified authority in trusts and estates planning, an elite designation from the State Bar of California Board of Legal Specialization, as well as a certified public accountant.

Skilled with the multitude of estate planning tools and structures to reduce tax liabilities and ease administrative burdens, our trusts and estates planning counsel includes:
  • Wills
  • Revocable and Irrevocable Trusts
  • Powers of Attorney
  • Advance Health Care Directives
  • Title Transfers
  • Charitable Giving
  • Gifting
  • Vesting Decisions
  • Nonprobate Transfers
  • Cross-border, International Tax Liabilities
  • Trust and Estate Probate and Litigation

Business Owners.

For owners of privately held business and entities, we provide comprehensive support on planning for business succession, disability and life insurance protections, and buy/sell agreements. We frequently collaborate with firm colleagues focused on business and personal tax obligations to coordinate integrated and sophisticated strategies into clients’ estate plans.

Trust and Probate Administration.

Our work in trust and probate administration is extensive. We represent trustees, executors and heirs on post-death issues. Our attorneys can assist with preparing and filing estate tax and gift returns. Should disputes arise, we can lead clients through the often-entangled process of probate and trust litigation, such as will and trust contests and accounting.

Often, incapacitation becomes a factor, especially when disputes and lawsuits occur in probate. We have a favorable record of representing guardians and conservators in the resolution of conflicts, whether in a courtroom or alternative dispute forum.

Trusts and Estates Litigation.

Hill Farrer attorneys offer decades of experience in resolving disputes in this area, including numerous trials where we have prevailed for clients. We represent both individuals and fiduciaries.

The matters we have worked on are diverse and include elder financial abuse, undue influence, will and trust disputes, fiduciary issues, and conservatorships. Clients value the strategies and cost effectiveness we provide as well as the personal attention each matter receives.

Litigation and Trials

  • 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.
  • Represented trustee in defending multiple petitions seeking her removal and damages in multimillion-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.
  • Obtained judgment of dismissal of client following trial on undue influence and financial elder abuse claims against him.
  • Represented executor of estate in undue influence trial, in which client recovered real property and monetary damages for the estate.

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