Probate and Trusts

Litigation involving trusts, probate, and the interpretation of wills often presents complex substantive and procedural issues. GMSR has successfully navigated these issues on appeal, obtaining a significant U.S. Supreme Court win regarding the scope of the “probate exception” to federal jurisdiction, a California Supreme Court win regarding a trustee’s attorney-client privilege, and numerous Court of Appeal wins involving breaches of fiduciary duty and the interpretation of wills.

Oct 26, 2017 Alana H. Rotter
Anti-SLAPP motions in probate? Alana Rotter explains a new decision applying the anti-SLAPP statute to petitions to enforce a no-contest clause.

Litigators are used to seeing anti-SLAPP motions in civil cases.  But a new California Court of Appeal decision highlights that anti-SLAPP motions are also an option in the probate context, to challenge a petition to enforce a will or trust’s no-contest clause.  Alana Rotter discusses

Sep 22, 2016 Robin Meadow
Robin Meadow speaking at the 2016 Trusts & Estates Symposium

At this year’s symposium for the Trust & Estates Section of the Los Angeles County Bar Association, Robin Meadow will speak about his landmark case Estate of Duke (2015) 61 Cal.4th 871.  The decision fundamentally changed the law regarding reformation of wills, and was the

GMSR receives a sixth California Lawyer Attorney of the Year award for its work in Estate of Duke (2015)

GMSR proudly congratulates Robin Meadow, Robert Olson, and Jeffrey Raskin for receiving the prestigious California Lawyer Attorney of the Year Award (CLAY) for their role as the petitioners’ counsel in Estate of Duke (2015) 61 Cal.4th 871. This is the sixth CLAY award for the

In re Estate of Duke (2015) 61 Cal.4th 871

California Supreme Court fundamentally alters probate law

California Supreme Court fundamentally alters probate law

In re Estate of Duke (2015) 61 Cal.4th 871 (California Supreme Court). From time immemorial, courts throughout the United States have been powerless to correct drafting mistakes in wills no matter how clearly the evidence established the testator’s actual intent. Courts could use the doctrine

Perez v. Wiesand, 2015 Cal.App. Unpub. LEXIS 3361

GMSR’s client was a defendant in a quiet title action between family members over ownership of two rental properties. A grandson successfully moved for summary judgment, claiming his grandfather had transferred the properties to him before the grandmother attempted to transfer the properties to herself

Novak v. Fay (2015) 236 Cal.App.4th 329

Court of Appeal reverses probate court order dismissing GMSR’s client’s petition for failure to file a creditor’s claim

Court of Appeal reverses probate court order dismissing GMSR’s client’s petition for failure to file a creditor’s claim

Novak v. Fay (2015) 236 Cal.App.4th 329 (California Court of Appeal, Second Appellate District, Division Five) [published]. GMSR’s client, an attorney, agreed to represent a husband under a contingent-fee arrangement in a suit against the estate of his late wife on a pretermitted-heir theory. In

Sterling v. Sterling (2015) 242 Cal.App.4th 185

Successfully obtained affirmance of Probate Court order requiring sale of Los Angeles Clippers from Donald Sterling to a new owner.

Crowe v. Tweten, 2014 Cal.App. Unpub. LEXIS 9294

An elderly couple devised an estate plan with the assistance of counsel. They repeatedly stated that their intent was for the surviving spouse to inherit everything except for a “token,” tax-free gift to their children. Their attorney drafted the trust documents using a formula so

Who We Serve

PUBLIC ENTITIES

Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

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INSURERS

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

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TRIAL COUNSEL

The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.

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INDIVIDUALS

GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

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