This presentation will discuss critical issues a private fiduciary should consider when assuming control of business interests in a probate or trust administration. The panel will highlight key differences between various entity structures, entity and fiduciary-specific powers and duties, as well as how to preserve business value and continuity in a time of transition. The panel will introduce hypotheticals based on common issues that arise in management of business entities by fiduciaries and explore next- level considerations, for example, whether assuming a management role in a business could lead to conflicting fiduciary duties to beneficiaries and third parties and how to mitigate that conflict.
A2 – Private Practice – Navigating Business Interests As A Fiduciary
Speakers
Josiah M. Prendergast
Weintraub Tobin
Josiah Prendergast is a litigator and senior attorney at Weintraub Tobin. His practice primarily focuses on “partnership” disputes—corporate governance/internal disputes between business owners—that overlap with contract, real property, and, increasingly, trust-related issues. He builds on his personal background in family/trust-owned businesses to help business owners navigate thorny disagreements, often rooted in interpersonal conflicts, both inside and outside of the courtroom. Josiah has held various leadership roles within the Sacramento Metro Chamber’s young professionals’ group, is part of the Leadership Sacramento 2024 cohort, and has been recognized on national, state, and local lists for his excellence in practice.
Lily M. Harris
Weintraub Tobin
Lily Harris is a shareholder at Weintraub Tobin. As a California State Bar Certified Legal Specialist in Estate Planning, Trust and Probate Law, she provides comprehensive representation in contested estate, trust guardianship and conservatorship cases. She helps clients protect their interests in a full range of probate and trust matters, including petitions for probate, heirship, breach of trust, and removal, as well as will and trust contests and spousal property petitions, among others. She also oversees the administration of complex trusts and estates and provides wealth planning services, including estate plans and the preparation of trust and estate tax returns.
Kelly Dankbar
Weintraub Tobin
Kelly Dankbar is a litigator and a shareholder at Weintraub Tobin. She focuses her practice on helping people solve problems after someone passes away, including elder financial abuse and breach of fiduciary duty claims, and will and trust contests, among other matters. Kelly also represents fiduciaries in a wide range of uncontested matters, including interpretation of complex estate planning documents, accountings, petitions for instructions, and other probate and trust administration issues. She is the previous Chair of the Probate and Estate Planning Section of the Sacramento County Bar Association, and regularly speaks on trust and estate litigation issues throughout California.