E1 – Case And Statutory Updates In Estate, Trust And Probate Law

What’s new and what’s changed in 2023 that is relevant to estate, conservatorship, trust and probate
law in California? What are the recent developments in Business and Professions Code that impact
professional fiduciaries? Join this session hosted by Withers trust and estate litigators, Michael Brophy,
Catherine Swafford and Craig Weinstein, to learn the latest in case, statutory, and judicial council form
developments impacting professional fiduciaries.

Speakers

Craig S. Weinstein, Esq.

Craig S. Weinstein, Esq.

Withers Bergman LLP
https://www.withersworldwide.com/

Craig is a senior associate in the trust and estate litigation team. 

His practice focuses on complex trusts and estates litigation, trusts and estate administration, and conservatorship and guardianship matters. He also has broad experience in commercial litigation matters.

Craig has experience with all aspects of trust and estate litigation including will and trust contests, breach of fiduciary duty matters, and financial elder abuse matters. He represents beneficiaries, creditors, trustees, executors, and other fiduciaries and his experience includes mediations, taking and defending depositions, writing and arguing various law and motion matters, trials, and appeals. As part of his administration practice, he assists clients with post-death administration, and securing bequests made to charitable beneficiaries. 

Craig also counsels and advises corporate and individual clients in all phases of litigation in state and federal court. His commercial litigation practice focuses on complex business litigation involving contract and commercial disputes, as well as other business torts and civil matters. He has handled matters from inception through completion, including fact discovery, expert discovery, significant law and motion, trial, and appeal. 

Craig has experience with all aspects of trust and estate litigation including will and trust contests, breach of fiduciary duty matters, and financial elder abuse matters. He represents beneficiaries, creditors, trustees, executors, and other fiduciaries and his experience includes mediations, taking and defending depositions, writing and arguing various law and motion matters, trials, and appeals. As part of his administration practice, he assists clients with post-death administration, and securing bequests made to charitable beneficiaries. 

Craig also counsels and advises corporate and individual clients in all phases of litigation in state and federal court. His commercial litigation practice focuses on complex business litigation involving contract and commercial disputes, as well as other business torts and civil matters. He has handled matters from inception through completion, including fact discovery, expert discovery, significant law and motion, trial, and appeal.

Michael S. Brophy

Michael S. Brophy

Withers Bergman LLP
https://www.withersworldwide.com/en-gb/people/michael-brophy

Michael is a partner in the trust, estate and inheritance disputes team and is the regional division leader of the US private client and tax team.

Michael has extensive experience representing individuals, families, charities, corporate trustees, private professional fiduciaries and creditors in litigation involving complex trusts and estates. Michael’s diverse practice includes will and trust contests, accounting disputes, breach of duty actions, elder abuse and conservatorship disputes, document interpretation matters, and other contested probate and fiduciary-related matters.

Michael also has experience in business and commercial litigation, including contract, real estate, copyright, Lanham Act, trade secret, and unfair competition matters.

In addition to litigation and trial work, his practice includes risk assessment and counseling, alternative dispute resolution, and administrative proceedings. Michael frequently writes and speaks on trust and estate litigation topics and is active in bar leadership and committee work.

Michael is recognized as a “standout individual” by the Legal 500 US 2021 and is ranked in the 2022 and the 2021 Chambers High Net Worth guides in the area of Private Wealth Disputes. He has also been selected as a “Minority Leader of Influence” by the Los Angeles Business Journal since 2020.

Catherine Swafford, Esq.

Catherine Swafford, Esq.

Withers Bergman LLP
https://www.withersworldwide.com/en-gb/

Catherine is a partner in the trust, estate and inheritance disputes team.

She practices exclusively in trust, estate, conservatorship, elder abuse and fiduciary litigation. Her practice includes representing clients in will and trust contests, elder abuse actions, breach of fiduciary duty and accounting cases, conservatorships, intestacy and heirship disputes, contract to make a will disputes, creditor claim disputes and related litigation and administration matters brought under the California Probate Code. Catherine has extensive experience litigating cases from the initial stage of filing a petition through discovery, including depositions, and finally through mediations, trial, and post-judgment.

Catherine represents beneficiaries, heirs, fiduciaries, charities, creditors and related clients in Probate and Civil Court. While based in San Diego, Catherine’s practice is state wide throughout California. She has appeared in many Probate and Civil Courts throughout the state. Catherine has also developed special expertise in probate disputes involving issues of foreign law and international beneficiaries. 

She has experience representing clients in cross-border probate matters involving other jurisdictions such as Mexico, Switzerland, Russia, China, Hong Kong, British Virgin Islands and Hungary. She also regularly advises clients who have beneficial interests in California but reside in foreign jurisdictions. Catherine is actively involved in the legal community.

She serves on the Board of Directors of the Probate Attorneys of San Diego (PASD), where she is the Chair of the Education Committee. She serves on the Board of Directors of the Estate Planning Council of San Diego, where she is Programs Chair and Vice President. She also serves as court-appointed counsel for the San Diego Probate Court.