Unfortunately, disputes involving wills and trusts cannot always be settled without some form of intervention. This is because emotions run high. The matters often involve disputes among family members. Sometimes, one member of the family believes that another family member has been wrongfully favored, or one family member has abused the trust placed in that person by other family members. Another common dispute occurs when the family believes that a trustee, whether a family member or not, is not performing its duties under the terms of the trust or is abusing its power as trustee. Disputes often arise when blended families are involved and the beneficiaries are children of different parents.
Occasionally, people who make wills or trusts to dispose of their property are not forthright during their lifetime with their beneficiaries, creating unmet expectations regarding what one’s inheritance will be. As a general rule, people may leave their estate as they wish. They do not have to leave their estate to their children or other close relatives. Some people however, particularly the elderly and infirm, are susceptible to being unduly influenced to leave their estate to someone who is not the true object of their affections.
We have represented clients in numerous matters involving all aspects of trust and estate disputes. There is a cliché among sportscasters that ‘everyday when you come to the game, you may see something you have never seen before.’ That cliché holds true in trust and estate disputes. Because of the family associations, the actions of the decedent during his or her lifetime, or changed circumstances not contemplated, each dispute is unique. We strive to recognize that uniqueness, to deal with our clients in an understanding manner, and to use every effort we can to obtain the best possible result for them.
Our office, in Marin County, California, represents clients regarding many aspects of real property. These matters involve both commercial and residential properties. Our clients range from real estate brokers and agents, to individuals and privately held businesses.
The work we do with real property includes both transactional work, negotiation, and litigation where there are disputes. Transactional work includes drafting and reviewing agreements for the purchase and sale of real property and leases. We also draft deeds and assist in transferring property, taking advantage of tax savings devices where possible. We advise clients regarding easements and other issues regarding the usage of land. Our concentration on this area of law is very beneficial to us in assisting our clients with the settlement of estates involving real property and in their everyday transactions involving their homes and real property investments.
Over the years, our firm also litigated many matters for our clients. Although we sometimes find that matters must be litigated to protect our client’s rights, we are mindful of the expense and uncertainty of litigation, and we strive to resolve matters without having to file litigation and prepare for trial. This does not mean we are not aggressive in representing our clients, but only that we attempt to balance aggressiveness and reason to obtain the best result for our clients.
We have represented clients in a broad range of matters. Recently these include encroachment by one owner on the land of another, easement issues, and failure to disclose defects in property structures. Cases have involved breach of purchase and sale contracts, construction defects, breach of lease, and questions of title and ownership. We have experience as counsel for both plaintiffs and defendants.
When we meet with you, we will discuss your matter and apply our knowledge and experience to your situation. This will enable us to give you the best possible advice and to assist you in obtaining the most favorable outcome.
