- Advising & Drafting Special Needs Trusts
- Administering Special Needs Trusts
- Contested Estates & Trusts
Estate & Trust Litigation can be very complex and emotional. An experienced attorney, however can help you protect your interests and give you piece of mind. Our staff of attorneys will competently and ethically represent you in matters involving will and trust contests; breach of fiduciary duty; and undue influence. We can also guide you in matters where the trust or estate assets were not properly marshalled, accounted for or distributed, including matters that necessitate a Probate Code § 850 Petition or a Heggstad Petition. We are committed to successfully protecting the interests of trustees, executors, administrators, heirs, and beneficiaries.
- Decedant's Estate & Trust Administration
- Disputed Medical Care Decision Making
- Elder Abuse/Fraud Recovery Matters
Approximately 10% of seniors are victims of some form of abuse. Financial Elder Abuse occurs when a person takes money or property from a person who is over the age of 65 for a wrongful use with the intent to defraud. The elder often suffers in silence, and becomes withdrawn, confused, depressed, and secretive. The abusers are often adult children, other relatives, or caregivers who, for example, fraudulently procure changes to an elder's estate plan, or abscond with funds under authority of a Power of Attorney. The abusers may also be scam artists, or sales people who sell inappropriate financial products such as annuities to the elderly. If you or a loved one has been the victim of financial elder abuse, our attorneys will zealously protect your rights.
- Estate Tax & Gift Tax Planning
- Fiduciary Litigation
A Fiduciary is a person who is legally empowered to manage the affairs of another. Fiduciaries owe the highest duty and standard of care to the principal, and must avoid self dealing and conflicts of interest. A Fiduciary may be a trustee, executor, administrator, agent under a Power of Attorney, agent under an Advance Healthcare Directive, a conservator, or a guardian. We have successfully represented both private fiduciaries, and lay fiduciaries, as well as beneficiaries, heirs, principals, conservatees and wards. Our experienced attorneys will provide you with quality representation, in matters including probate and trust litigation; breach of fiduciary duty; and contested conservatorship matters.
- Guardianship/Conservatorship (uncontested)
- Guardianship/Conservatorship (contested)
Conservatorships and Guardianships may become contested for example, when two or more parties petition to become conservator or guardian, to the exclusion of the other. In Conservatorships, in particular, the conservatee may be controlled by a third party who influences the elder to oppose the conservatorship. Conservatorship and Guardianship litigation also arises when someone challenges the guardian's or conservator's actions, such as a failure to account or properly manage the ward or conservatee's estate. At the Elder Law Center, we have the integrity, experience, and professionalism to help you successfully manage your conservatorship and guardian matters.
- Long Term Care Planning for Individuals over Age 65
- Planning for Disability for Individuals under Age 65