We represent a full range of litigants, including creditors, family members, fiduciaries, banks and lenders, professionals and other interested persons, with a special emphasis in representing creditors in probate and bankruptcy court to minimize or eliminate potential risks. We offer high quality and effective litigation and pre-litigation services, handling disputes of all sizes in civil, probate, federal and bankruptcy court.
Litigation and Contested Matters in Probate Court: We handle all disputed matters and litigation in the probate courts concerning the deceased and those who have lost capacity, including disputes over wills, trusts, estates, conservatorships, and fiduciaries (executors, administrators, representatives, trustees, and conservators).
Our law firm efficiently and effectively represents fiduciaries, representatives, family members, beneficiaries and other interested persons in administrative and adversarial matters to meet our clients’ goals. We are skilled at using resources effectively and efficiently when judicial assistance is needed to resolve probate and trust issues.
Probate and trust issues involve more than money. Often, they encompass emotional issues that can divide families for many generations. We work vigorously to protect and advance your interests, leveraging our extensive experience in probate and trust disputes. We also strive to find creative solutions to reduce protracted litigation, minimize costs, and preserve family relationships. We also provide expert assistance to fiduciaries who seek court approval of their actions, or the interpretation and enforcement of wills, trusts, and other testamentary instruments.
Typical actions in the probate courts include: Will and trust contests, Breach of trust, Breach of fiduciary duty, Disputed inheritance, Undue influence, Fraud and mistake, and Elder abuse actions.
Conservatorships (and Guardianships): We represent conservators, conservatees or interested family members in conservatorship proceedings in the probate court system. Conservatorships involve court proceedings to assist individual adults (the conservatee) who are unable to provide for their own food, care and shelter; who cannot manage their own financial affairs or resist undue influence; and/or who will not accept voluntary assistance to protect themselves. In a conservatorship proceeding, the probate court appoints another person to make the financial decisions and/or health care decisions for someone who is no longer able to make the decisions themselves. The conservator may be a relative, close friend, or a professional fiduciary. In the California probate court system, a guardianship for a minor (a person less than 18 years old) is the equivalent of a conservatorship.
Judgment Enforcement and Commercial Debt Collection: We pursue and defend commercial debt collection practices, with an emphasis in the areas of judgment enforcement as well as creditors’ rights in the civil courts, probate courts and bankruptcy courts. We are intimately familiar with the intricate, archaic and specialized procedures and rules particular to judgment enforcement actions in the state and federal courts in California. Typical actions undertaken when representing creditors include: Pre-judgment remedies (writs of attachment and possession), Claim & Delivery, Perfection of judgment liens, Post-judgment remedies (levy, garnishment, seizure, etc.), Judgment debtor examinations, Assignment orders, and Setting aside fraudulent transfers and sham transactions.
Creditor Representation in Probate Court: The California probate court system has unique and archaic procedures, rules and laws. We have developed particular expertise in representing creditors in contested and adversarial proceedings in the probate court, including: Creditor’s claims, Appointment of personal representative, Special administration, Successor trustees, Fee disputes, and Litigation.
Creditor Representation in Bankruptcy Court: Specialized procedures and rules pertain to the U.S. Bankruptcy Court system. We represent creditors in bankruptcy proceedings, including litigation and adversary proceedings in the Bankruptcy and District Courts. Typical actions include: General creditor representation in bankruptcy courts, Claims and executory contracts, Examinations and creditor’s meetings, Relief from the automatic stay, Objection to discharge/dischargeability of debt, Plan confirmation disputes, Defense of preference and avoidance actions, and Bankruptcy litigation.
We handle all aspects of civil litigation concerning general business and commercial disputes, including breach of contract and related matters. We represent clients before, during, and after litigation in all of the state, probate, federal, and bankruptcy court systems, including trial, arbitration, and post-trial proceedings.
We also advise our clients regarding their general business affairs, formation and incorporation, and commercial transactions, with the goal of avoiding the negative consequences of litigation whenever possible