Trust & Estate

Expertise in Estate Planning, Probate, Trust Administration & Litigation

Estate Planning, Probate and Trust Administration is a practice area in which Burnham Brown excels. We are experienced in designing estate plans and related litigation that preserve and protect family wealth, and optimize transfer of that wealth upon death. We begin with a thorough review of assets and a clear definition of goals. We are experienced in creating revocable trusts, life insurance trusts, charitable trusts, family limited partnerships, and limited liability companies which meet the specific needs of our clients. We are also highly skilled in probate and post-death trust administration. That expertise extends to representation of our clients in litigated matters. We frequently counsel individuals and families on the difficult decisions concerning aging or disabled relatives. Our clients receive personal attention and ongoing guidance in the establishment and administration of conservatorships, guardianships, and special needs trusts.

Areas of Expertise

Estate Planning

Burnham Brown has the expertise to handle all aspects of estate and gift tax planning. Our goal is to assist our clients in analyzing and implementing strategies that will enable them to transfer assets to their chosen beneficiaries, while minimizing gift and estate tax consequences and estate administration expenses. Our services include:

• Wills and living trusts
• Irrevocable life insurance trusts
• Personal residence trusts and other grantor retained interest trusts
• Educational trusts and related family trust planning
• Family limited partnerships and limited liability companies
• Charitable remainder trusts and other planned-giving techniques
• Premarital and post-marital agreements

Trust and Estate Administration

Burnham Brown provides a full complement of trust and estate administration services. We are experienced with practices and procedures in all Bay Area probate courts, as well as in probate courts throughout the state. Our services include:

• Probate administration representing both individual and institutional fiduciaries
• Post-mortem trust administration
• Administration of lifetime trusts, such as irrevocable life insurance trusts, charitable remainder trusts and special needs trusts
• Court-supervised and non court-supervised accountings
• Preparation of federal and California gift and estate tax returns

Planning for Incapacity or Disability

We assist our clients with planning for disability or incapacity through a selection of appropriate decision-making mechanisms. When no planning has been implemented, the only option may be the establishment of a guardianship or conservatorship. Burnham Brown attorneys have significant experience in handling these proceedings. Our services include:

• Durable powers of attorney for financial management and health care
• Advance health care directives other than durable powers of attorney
• Establishment and administration of conservatorships and guardianships
• Special needs trusts, including establishment of trusts in the context of settlement of personal injury and medical malpractice actions

Trust and Estate Litigation

In conjunction with Burnham Brown's Litigation Practice Group, our trust and estate attorneys represent both individual and institutional fiduciaries, beneficiaries, and others in a variety of litigated matters. Our attorneys have litigated cases throughout the state, including:

• Will and trust contests
• Elder abuse
• Actions by and against trustees, personal representatives of estates, conservators and guardians for breach of fiduciary duty, removal, and surcharge
• Contested appointments of conservators and personal representatives of estates
• Objections to, and defense of, probate, trust, and conservatorship and guardianship accountings
• Petitions to determine entitlement to estate and trust distribution
• Actions involving creditor claims

To speak with a Burnham Brown attorney specializing in Estate Planning, Probate, and Trust Administration please call 510-444-6800 and ask to speak with a member of the Trust and Estate Practice Group.