Probate Litigation in California
Golden Gate Bridge

ADDRESS:
1225 Alpine Rd.
Suite 201

Walnut Creek, CA
94596
Tel: 925.938.9100
Fax: 925.938.9101

 

 

"Our firm has over 40 years in estate administration, and over 20 years in litigated matters that apply to probate, trusts, conservatorships, and will contests. We will be a strong advocate for you, managing the difficulties of probate litigation with experience and professionalism."

Jay William Jacobus
Lawyer
Email:probatelitigation@att.net
litigation regarding powers of attorney

A Power of Attorney is an instrument by which one person (the principal) gives the capacity to another person (the agent), to manager his or her affairs. Once this is done, the agent usually has complete authority over all business affairs of the principal. If someone objects to the agent as not acting in the best interests of the principal, or not acting responsibly in managing the affairs of the principal, the Court will hear the matter to decide the issues.

We have protected principals, successfully prosecuted agents who have violated their fiduciary duties, and successfully defended agents from unwarranted attacks.

prosecution and defense of fiduciaries
Fiduciaries may be defined as:
  • Executors and administrators of wills and estates.
  • Trustees of trusts.
  • Conservators.
  • Agents under a Power of Attorney.
The law demands the highest duty, loyalty and responsibility of each of these fiduciaries. In the event that a fiduciary is not acting in the very best interests of the parties, the Court will remove that fiduciary and order someone else to take that person, or that institution's, place.
Fiduciaries must account to their beneficiaries, conservatees, distributees, or principals, upon reasonable request.
Our firm has extensive experience in both prosecuting and defending private and corporate fiduciaries. We have successfully defended unwarranted attacks against fiduciaries, prosecuted errant fiduciaries, and have settled many disputes between fiduciaries and the parties to whom they are responsible.
elder law litigation
In the last few years, justice and consideration for the elderly has continued to grow, as an important element of our society, and of our law. Elder Law primarily concerns physical abuse, or financial abuse, towards persons who are 65 years of age and older. With regard to physical abuse, the event can take the form of abuse in a health care facility, or at the hands of an individual or group.

Financial abuse can be imposed by companies, or individuals. The courts recognize society's distress in allowing these abuses to continue. Once recognized and proven, the courts are harsh in their punishment of the offenders. For lawyers, additional fees may be ordered by the courts for taking these cases. The fees are paid by the offenders, so clients who prosecute such actions will not have the additional burden of attorney fees for correcting the wrongs against the elderly.

Old Orange County Courthouse

 

"Failure to account, or failure to act in the best interests of the beneficiaries, may subject the fiduciary not only to removal, but to monetary sanctions. In some extreme cases, the fiduciary may face criminal charges, and a jail sentence."