LITIGATION

Trust and Estates

Who we represent: People and entities engaged in disputes over assets usually after someone dies.  Our clients include trustees, administrators of estates, conservators, attorneys-in-fact and private fiduciaries.  We also represent beneficiaries, heirs, omitted heirs (including omitted spouses), conservatees, principals, and concerned family members (legally described as “interested parties”).

 

What kind of issues do we handle: Disputes over who is the rightful owner of assets; disputes regarding the interpretation of documents; disputes about control over persons and/or property; disputes regarding fiduciary duties (including the management and control of assets); and disputes regarding accountings.

 

What kind of claims do we prosecute and defend: Undue influence, lack of capacity, financial elder abuse, breach of fiduciary duty, interference with right to inherit, fraud, duress, menace, threat, conversion (theft of personal property), quiet title (determination of real property rights), demands for accountings, determination of heirship (entitlement), breach of contract, breach of promise, and detrimental reliance.

 

What is our role: We are advocates; we are trial lawyers; and we work for you.

 

How do we work:  We are effective and aggressive.  We understand our client’s goals, and make those goals our goals.  We develop a strategy and employ tactics to achieve the goals.  We work hard and smart by executing the strategy and evaluating our position relative to our goals.  Ultimately, we consistently and repeatedly achieve our clients goals as quickly and efficiently as possible. Sometimes that means our dispute resolves in mediation; sometimes that means our dispute ends in trial.  However, the fight will end when our clients goals are met.

 

Daniel I. Spector is a well-recognized professional mediator and neutral of trust, estate, financial elder abuse and contested conservatorship disputes.  He also successfully assists families to navigate through potentially difficult dynamics and disputes in order to avoid later legal conflicts.  With a variety of mediation techniques at his disposal, Dan employs his strong interpersonal skills with a deep knowledge of very technical areas of the law in order to facilitate resolutions in complex matters.  Dan is honored to have been named as a statewide panelist for Judicate West, a professional neutral company, based in Santa Ana, California.  To reserve Dan as a neutral, please contact his case manager, Cathy Bustamante, at cbustamante@judicatewest.com.

MEDIATION

Trust and Estates

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