Litigation is on the rise and, despite the best of intentions, Private Professional Fiduciaries often find themselves in the middle of it. But how do you determine your role Bystander? Participant? Target? and what are your rights and obligations? And, most importantly, how do you protect yourself? This presentation educates the Private Professional Fiduciary on which fights they can watch from the sidelines, which ones they will need to participate in, how to avoid fights to begin with, and how to protect themselves from adverse consequences when they cannot.
Litigation and the Private Professional Fiduciary: When Sitting on the Sidelines is Not an Option
Daniel C. Kim
Daniel is a shareholder at Weintraub Tobin and a member of the Trusts and Estates Litigation practice group. His practice focuses on all aspects of trusts and estates litigation, including fiduciary abuse, elder financial abuse, contested trust administrations, probate, and contested conservatorships. With experience as a complex civil litigator, Daniel applies his litigation expertise in highly contentious and complicated trust and estate disputes to help direct the matters towards resolution, where possible, or successful trials and appeals.
Daniel serves as the Chair for the Probate and Estate Planning Section of the Sacramento County Bar Association, and has been named to the Best Lawyers in America® “Ones to Watch” and Northern California Super Lawyers, Rising Stars . He has also been named a Sacramento Magazine Top Lawyer for Estate Planning & Probate and to the “Best of the Bar” by the Sacramento Business Journal.
Gary D. Rothstein, Esq.
Gary Rothstein is a Weintraub shareholder and member of the Trusts & Estates practice group. His practice has focused on trust administration, probate matters, and estate planning since 1993. A significant portion of Gary’s practice consists of representing corporate and individual fiduciaries and beneficiaries in all aspects of trust administration. Gary counsels’ numerous fiduciaries, beneficiaries, and creditors through all phases of contested and uncontested probate and trust administration proceedings in Northern and Southern California Probate Courts, including prosecution of will and trust contests, preparation and arguing of petitions for instructions, petitions for construction of trusts, and petitions for termination of trusts.
Gary regularly presents on trust and estate administration risk management issues. He has been named to Northern California Super Lawyers and to Best Lawyers in America® for Litigation – Trust and Estates.
Edward J. Corey, Jr., Esq.
Ed Corey, Jr. is a Weintraub shareholder and member of the Trusts & Estates practice group. His practice focuses on estate & trust litigation, fiduciary abuse, elder financial abuse, contested trust administrations, probate, and contested conservatorships. Ed has extensive trial, arbitration, mediation, and appellate experience, and has successfully litigated a number of high-profile trust and elder financial abuse cases in Northern California. Ed also serves as a mediator and arbitrator and in that role has successfully mediated in excess of 400 contested trust & estate and conservatorship matters.
Ed is one of the foremost experts in trust and estate litigation and elder financial abuse. He regularly speaks on matters of trust and estate law and elder financial abuse. Ed has assisted in drafting relevant legislation and testifies before the legislature on topics related to trust and estate matters, conservatorships, and elder financial abuse. He has regularly been named to the Best Lawyers in America®, Sacramento Magazine’s Top Lawyers List, and Northern California Super Lawyers.
Mary K. deLeo, Esq.
Mary deLeo is a Weintraub shareholder and member of the Trusts & Estates practice group. Her practice focuses on trust and estate litigation, trust and estate administration, conservatorships, fiduciary representation, special needs trust administration, and planning for incapacity. Mary has successfully represented clients in trust and probate litigation controversies, including trust and will contests, beneficiary/trustee disputes, fiduciary abuse claims, accounting issues, financial elder abuse claims, and a wide variety of both contested and uncontested trust and probate litigation matters. She also represents clients in administering probates and trusts.
Mary serves as Vice Chair of the Trusts and Estates Section (TEXCOM) of the California Lawyers Association. She was also appointed to and presently serves on the Judicial Council of California Probate and Mental Health Advisory Committee, which makes recommendations to the Judicial Council of California for improving the administration of justice in probate matters involving mental health and developmental disability issues. She was recently elected to membership in the American College of Trust and Estate Counsel (ACTEC). Mary regularly speaks to both lay groups and legal practitioners on various topics relating to trust and probate law and was recently selected to Northern California Super Lawyers.