Schwartz & Schwartz

Our success is measured by
the well‐being of our clients...

Results

2015, Los Angeles County Superior Court
Confirmed client’s status as trustee and sole beneficiary of lifelong friend’s trust (assets valued at more than $1 million), successfully opposing efforts of the trustor’s estranged children to contest the estate plan

2015, Riverside County Superior Court
Through mediated settlement of trust contest and financial elder abuse action, ratified client’s status as trustee and sole beneficiary of non-relative’s restated trust (assets valued at more than $1 million)

2015, Los Angeles County (no action filed)
Negotiated highly favorable settlement of trust dispute between co-trustee siblings, ensuring client co-trustee/sibling ultimately received maximum value from the trust while also resolving the parties’ competing claims of mismanagement and misappropriation of trust assets

2013-15, Los Angeles County Superior Court
Leveraged settlement in action against elderly man’s neighbor who had misappropriated substantial assets from him through abuse of a power of attorney

2013-15, Orange County Superior Court
Investigated and protected elderly woman’s rights and interests as sole current principal and income beneficiary of trust being mismanaged by professional fiduciary

2010-15, Los Angeles and Ventura Counties
Ongoing representation of [co]trustee regarding multiple disputed matters; multistate trust assets valued in excess of $25 million

2014, Los Angeles County Superior Court
Successfully opposed wrongful attempt by son to obtain an unnecessary and inappropriate conservatorship over his mother

2014, Los Angeles County Superior Court
Recovered substantial assets misappropriated from mother through son’s undue influence (financial elder abuse), restoring estate assets so mother’s other children and step-children could receive their intended inheritance

2014, Orange County Superior Court
Contested deathbed amendment to trust wrongfully benefiting caregiver girlfriend (purported sixth wife) in favor of incapacitated trustor’s intended beneficiaries

2014, San Diego County Superior Court
Initiated recovery of trust property from client’s sibling who unduly influenced father to give her substantial trust assets prior to his death (financial elder abuse), wrongfully reducing client’s intended inheritance

2013-14, Los Angeles County (no action filed)
Enforced client’s right to act as sole successor trustee of his mother’s and step-father’s trust (over objections of his step-siblings), and negotiated settlement through which trust assets were reallocated between subtrusts to ensure ultimate distributions among the step-siblings would be accurate and equitable

2013-14, Santa Barbara County (no action filed)
Leveraged settlement to unwind complicated real property development transaction(s) through which unsuspecting elderly man had been swindled into forfeiting his rights / interest in valuable Santa Barbara bluff property

2013-14, Los Angeles County Superior Court
Intervened on behalf of previously-incapacitated man whose children refused to acknowledge his restored capacity (following recovery from prior health troubles), eliminating their self-serving stranglehold on his affairs and confirming his status and authority as sole trustee of his living trust

2013-14, Los Angeles County Superior Court
Ousted ‘bad son’ trustee who had been refusing to relent control of father’s multi-million dollar trust / assets; also negotiated a favorable settlement with the son, permanently extinguishing his future interest(s) in the Trust’s assets

2013, San Diego County (no action filed)
Thwarted threatened conservatorship sought by two sons of elderly woman, preventing their calculated effort to wrest control of her finances at time when she still was fully capable of managing her own affairs

2013, Los Angeles County Superior Court
Negotiated and ‘locked in’ multi-million dollar inheritance for relatives of elderly woman whose estate wrongfully had been earmarked (at the direction of her conservator) for distribution solely to her conservator’s chosen charities

2013, Los Angeles County (no action filed)
Negotiated favorable resolution of intra-sibling trust dispute, confirming client sibling’s position as sole successor trustee (concurrent with removal of non-client sibling as fiduciary), and leveraging a forced reduction of ‘bad’ sibling’s beneficial share of trust to compensate for his misappropriation of trust assets.

2012-13, Riverside County Superior Court
Assisted (through contested conservatorship proceedings) with the protection of an elderly woman who had begun to have substantial assets – including her home – pilfered from her by her new ‘boyfriend.’

2012, Orange County Superior Court
Successfully freed up millions in Trust property for elderly trustors, thwarting their son’s wrongful (fraudulent) efforts to usurp control and ownership of their home and other Trust assets.

2011, Santa Cruz County Superior Court
Recovered substantial inheritance for heir wrongfully omitted from grandmother’s estate plan (as a result of another relative’s undue influence)

2011, San Bernardino County (no action filed)

Negotiated recovery of assets wrongfully diverted from decedent’s estate by one of her two children

2011, Los Angeles County Superior Court

Successfully defeated efforts of decedent’s estranged children to obtain his assets, restoring inheritance to decedent’s other family members as his intended beneficiaries

2010-, Los Angeles County Superior Court

Ongoing representation of trust beneficiary and designated [co]trustee regarding multiple disputed matters concerning trustor’s domestic and international properties and business affairs; trust assets valued in excess of $10 million

2010-, Los Angeles County Superior Court
Ongoing representation of trustee / profesional fiduciary; trust assets valued in excess of $10 million

2010-11, Los Angeles County Superior Court
Representation of trustee of high-profile (celebrity) trust

2010-11, Los Angeles County Superior Court

Representation of trustee regarding multiple disputed matters; trust assets valued in excess of $25 million

2010, Los Angeles County Superior Court
Successful ‘ousting’ of elderly woman’s recalcitrant property manager (and purported trustee) on behalf of professional fiduciary, intervening to obtain appropriate control for protection of more than $10 million in assets

2010, Los Angeles County Superior Court
Restored inheritances for multiple trust beneficiaries wrongfully ‘cut out’ of their aunt’s estate plan as a result of another relative’s undue influence

2010, San Francisco County Superior Court
Negotiated settlement of ongoing dispute between co-trustees / beneficiaries (siblings), including resolution of all concerns regarding allocations/values of their respective inheritances

2009, Los Angeles County Superior Court
‘Broke’ purportedly irrevocable trust wrongfully procured by elderly man’s caregiver and “girlfriend” (40 years his junior!), leveraging settlement after his death to restore virtually the entire inheritance of his rightful beneficiaries

2009, Ventura County Superior Court
Utilized pending conservatorship proceedings to effectively disinherit conservatee’s daughter (via settlement of related litigation), ‘balancing out’ the substantial assets previously obtained by that daughter through her undue influence over her mother

2009, Los Angeles County Superior Court
Settlement obtained to restore 92 year old woman’s ownership of her home, after her neighbor unduly influenced her to transfer title to him in exchange for a cash payment worth only a fraction of the home’s value

2009, Ventura County Superior Court

Very favorable settlement obtained for multiple beneficiaries of decedent’s trust, holding designated trustee fully accountable for his wrongful conduct prior to and following trustor’s death

2008, Los Angeles County Superior Court

Negotiated and ‘locked in’ multi-million dollar inheritances for two trust beneficiaries, after successfully intervening to curtail the ongoing undue influence of an elderly woman by her “friend”

2008, Sonoma County Superior Court

Real property recovered for decedent’s estate, after forcing rescission of wrongful ‘sale’ procured through undue influence during last several years of decedent’s life

2008, Santa Barbara County Superior Court
Forced recovery of all ‘missing’ trust assets (several hundred thousand dollars) wrongfully diverted by elderly woman’s son for his own benefit

2008, Los Angeles County Superior Court
Restoration of inheritance secured for several out-of-state trust beneficiaries previously ‘cut out’ of their cousin’s estate plan through wrongdoer’s ongoing undue influence

2007, Ventura County Superior Court
$3,000,000.00 settlement – including significant punitive damages component – obtained in wrongful death and elder abuse action against residential care facility (after ‘piercing the corporate veil’ to force additional accountability by the truly culpable parties beyond the $2.25 million judgment already obtained)

2007, Los Angeles County Superior Court
$350,000.00 inheritance restored to rightful beneficiary following successful trial of trust contest invalidating wrongfully procured trust amendment benefitting caregiver (Probate Code § 21350 et seq.)

2007, Siskiyou County Superior Court
Conclusion of six-year saga resulting in the return to a family trust of deceased parents’ multi-million dollar cattle ranch properties wrongfully taken by ‘black sheep’ son and subsequent proper distribution of trust properties

2007, Los Angeles County Superior Court
Exceptionably favorable settlement obtained on behalf of wrongly accused trustee/beneficiary in trust contest

2007, Los Angeles County Superior Court
$450,000.00 settlement obtained for trust beneficiary wrongfully ‘cut out’ of her uncle’s estate plan due to the undue influence of the uncle’s paid caregiver, now his new wife

2006, Riverside County Superior Court
Successful invalidation of trust amendment requiring repayment of more than $1,000,000.00 to decedent’s trust estate (including return of substantial joint tenancy assets), for ultimate distribution to decedent’s original (i.e., pre-amendment) beneficiaries

2006, Santa Barbara County Superior Court
Approx. $400,000.00 settlement obtained on eve of trial in financial elder abuse lawsuit, representing repayment of nearly double the amount defendant was accused of wrongfully taking from his elderly relatives

2006, Boca Raton, FL (NASD Arbitration)
Successful recovery of elder’s losses resulting from financial advisor’s mismanagement of brokerage accounts

2005, San Joaquin County Superior Court
Approx. $750,000.00 settlement obtained during trial of trust contest, amounting to wrongful beneficiary essentially relinquishing her entire purported inheritance

2005, Los Angeles County Superior Court
$500,000.00 settlement obtained in trust and will contest alleging decedent’s purported living trust and last will (which left her estate to a charitable beneficiary, rather than to her three children) arose solely as a product of her incapacitating delusions

2005, Los Angeles (NASD Arbitration)
Successful recovery of elder’s substantial losses resulting from improperly placed investments

2005, Riverside County Superior Court
Successful recovery of elder’s multi-million dollar ‘investment’ in annuities, wrongfully-procured by her insurance agent