Related claims we handle
We also represent parties in other complex civil and probate litigation, frequently on matters tangentially related to typical fiduciary litigation, including:
- Legal malpractice arising from estate planning errors. A drafting mistake, a failure to advise on a statutory consequence, or a plan that does not do what the client asked can leave an estate or its intended beneficiaries substantially worse off. California permits a claim by a non-client beneficiary in some circumstances but not others, and the line turns on how clear the documentary record of the estate planning client’s intent is.
- Professional liability for wrongful sales of annuities and securities, including the related FINRA arbitrations where that is the appropriate forum. These frequently overlap with financial elder abuse: a replacement policy, an unsuitable annuity or a churned account can support claims under both the Elder Abuse Act and the ordinary law of professional liability, with different standards, forums and remedies attaching to each.
- Real property and transactional disputes where an older or vulnerable person has been induced into a sale, transfer or development arrangement on terms that cannot be defended.
Where a matter spans both a fiduciary claim and something else (e.g., a malpractice action alongside a trust contest, an arbitration alongside a probate petition), the ‘game plan’ and sequencing often matters most. Which proceeding is prioritized can determine what evidence is available in the other, and which limitations period is running.
Referrals, co-counsel and trial counsel
These related matters often come to us by referral from attorneys and other professionals, because of our litigation expertise and proven track record. The resulting arrangement varies, based on whatever is required or makes the most sense: As trial counsel on a case someone else has developed, as co-counsel where a firm wants to stay involved but needs probate or elder abuse experience alongside its own, or even as associate counsel on a discrete issue or motion. We also are consulted more informally (before anyone is retained or any action has commenced), to provide guidance on whether a matter is worth pursuing.
Talk through a matter with usWe always are glad to discuss a potential matter before anyone commits to anything, including to help determine whether there is a case worth bringing at all. (When appopriate, we’ll be pleased to put you in touch with other counsel who might be even more suited to the particular matter at hand). Contact us or call 888-404-0111 for a confidential discussion.
The law behind this practiceWe do our best to maintain the governing authority on our site, current and annotated: the statutes and the California appellate decisions that shape these claims — including Osornio v. Weingarten, Paul v. Patton and Grossman v. Wakeman on an estate planner’s duty to a non-client beneficiary, and Mahan v. Chan Ins. Agency on insurance and annuity replacements as financial elder abuse.