When a loved one passes away, sometimes the heirs do not get the full inheritance to which they were entitled. Problems frequently arise after a family member’s death, either through miscommunication or an intentional withholding of information from the beneficiaries. If you feel as though you did not receive your full inheritance, you need to take immediate action. There are statutes of limitations for filing a claim in court. Please call us right away at (310) 337-7696 if you are interested in discussing possible Trust or Probate Litigation.
Beneficiaries can be irrational, unreasonable, and demanding. The person in charge of administrating the will or trust can be asked to do the impossible and then faulted when it doesn’t happen. If you are nominated to be the trustee of a trust or the executor of the will then you need assistance, to make sure you do everything correctly, the first time, in a timely fashion. Below you will find several cases where our team has served our clients well, which resulted in either verdicts in our clients’ favor or settlements.
Verdicts and Settlements:
- After a two day trial, Mr. Schomer obtained an order finding a respondent in contempt of court for her violations of previous court orders. The respondent received a five day suspended sentence and other orders as a condition of her sentencing. , 2012
- Mr. Schomer prevailed in an unlawful detainer proceeding after the defendant wrongfully claimed that she had an oral lease to occupy the garage of a residential property. After a two day trial, the court found the lead defendant “not credible …” and ultimately “not believable ….” , 2012
- Mr. Schomer and his co-counsel Molly Shipp defeated a challenge to a will overcoming evidentiary presumptions of a lost will, care giver and other unfavorable evidentiary presumptions. The lost will was upheld and admitted to probate and Mr. Schomer’s client was appointed executor of the estate. , 2012
- In re: Conservatorship of Jean Tanaka. After a seven day trial, helped (with other petitioners) obtain the appointment of private professional conservator Linda Cotterman instead of conservatee’s daughter. Also obtained an order confirming the validity of various actions by conservator including fixation of conservatee’s residence and medical and care decisions made for conservatee’s benefit. , 2011
- Klausner vs. Klausner. Successfully defended elder abuse and undue influence claims by negotiating a resolution of the dispute for a fraction of plaintiff’s demand. , 2011
- In re: Estates of Gale Newman and Robert Newman. Prosecuted a petition on behalf of the administrator seeking to recover real property. Obtained a six figure settlement benefitting both estates. , 2010
- In re: Estate of James A. Passow. Respresented administrators pressing claims for probate code section 850 and elder abuse claims. Defeated summary adjudication motions and successfully negotiated a settlement subsequently approved by the court. , 2010
- In re: Megas Trust. Scott Schomer represented a co-fiduciary and beneficiary who had been removed from his position as co-trustee and was facing hundreds of thousands of dollars of potential liability for allegations of his potential malfeasance. Schomer Law Group was able to settle and resolve the matter, minimize liability and preserve the client’s bequest., 2010
- In re: Estate of Jack Richards. Scott Schomer represented two of Decedent’s grandchildren in their efforts to challenge a purported last will and testament which left the bulk of the estate to the proponent of the purported will. Through the efforts of the Schomer Law Group and co-counsel, the last will and testament was denied probate and Decedent’s heirs-at-law will receive their rightful share of Decedent’s estate, valued at approximately $3,000,000., 2010
- In re: Pola Mestanovich. Scott Schomer represented co-conservators in their effort to void a fraudulent transaction perpetrated on the conservatee a year prior to her being placed under a conservatorship. Schomer Law Group was able to void a quit claim deed and restore title of her primary residence to the conservatee. , 2010
- Leola G. Moore vs. Yolanda Moore. Scott Schomer represented elderly woman who had lost her residence through forgery and identity theft. Schomer Law Group was able to void a fraudulent deed and recover real property for client., 2010
- McDaniel vs. Estate of James J. Nelson. Successfully dismissed, at the pleading stage, a claim against the administrator for conversion, emotional distress and other damages. , 2009
- In re: Balian Trust. Scott Schomer represented respondent in an appeal before the Second Appellate District upholding respondent’s victorious judgment on a safe harbor petition pursuant to Probate Code § 21320. , 2009
- In re: Estate of Ruth Y. Proctor. Scott Schomer represented an individual accused of elder abuse and wrongful retention of estate property seeking approximately $700,000 in damages. Mr. Schomer’s client cross-claimed against the estate administrator for elder abuse but sought only nominal damages in the amount of $1 because of administrator’s financial condition. Final judgment resulted in a $1 judgment in favor of both parties, resulting in no net liability for the Schomer Law Group’s client., 2009
- James Crockett vs. Vernell Gable. Scott Schomer represented elderly gentleman who had lost an investment property through forgery and identity theft. Schomer Law Group was able to void a fraudulent deed and recover real property for client., 2009
- Santiago Elizarraras vs. Hector Lopez. Scott Schomer represented a real estate investor of a failed residential real estate investment. Schomer Law Group was able to obtain a judgment of $180,000 against defendant for breach of fiduciary duty. , 2009
- Hackenberg vs. Estate of Ludmilla. Successfully dimissed a Marvin-style claim seeking a seven figure bequest from an estate. , 2008
- In Re: Conservatorship of Christopher Milton (and related cases). Dispute concerned an adult suffering from periodic disabilities resulting from his chronic alcohol use. During an apparent period of disability, conservatee transferred his duplex to a supposed friend who then encumbered the property with four successive mortgages. Successfully negotiated a settlement wherein conservatee relinquished his right, title and interest in the real property in exchange for a payment of $275,000., 2008
- Allan K. Hall, etc. vs. Catherine Seemer, et al. Represented heirs at law who were disinherited when their late father executed a new estate plan three weeks before his death. The matter was successfully resolved in a settlement which awarded fifty percent of decedent’s estate to plaintiffs. , 2007
- Cindrich vs. Fay Blix. Represented a conservator and successor trustees who alleged a professional malpractice claim against attorney who drafted an estate plan during a time when their father was suffering from Alzheimer’s type dementia and Wernike’s-type aphasia. Successfully resolved the claim with defendant attorney paying plaintiffs to resolve the matter. , 2007
- Conservatorship of Philip Tichenor. Represented a beneficiary who obtained the appointment of a private professional conservator and who successfully removed her co-fiduciary. Successfully obtained a surcharge/off-set of approximately $60,000 from co-trustee’s distribution under the trust for co- fiduciary’s breach of trust. , 2007
- Bessie Lewis vs. Jesse Moore Revocable Living Trust. Represented a fiduciary and beneficiary who was accused of obtaining her gifts and fiduciary positions by fraud and/or undue influence exerted over decedent. The matter was successfully resolved by preserving the beneficiary’s fiduciary positions and gifts in exchange for a modest $10,000 payment., 2007
- Stepanenko vs. Ebert, et al.. Represented defendant and cross-complainant in an action involving partition, quiet title and breach of fiduciary duties. Served as trial counsel on a five day bench trial and in July 2007 obtained a damage award of $320,256.00 plus pre-judgment interest and ouster damages. , 2007
- Baccus vs. J&S, Inc.. Represented tenant who lost personal property after the landlord auctioned the property without adequate notice. Successfully resolved against the landlord and other parties with a stipulated judgment in tenant’s favor. , 2006
- In re: Warren Lockett. Court-appointed PVP attorney and supported and worked with the Los Angeles County Counsel on the Probate Code § 850 Petition filed to reclaim conservatee’s property. Following a four day trial, in April 2007 Petitioner was able to obtain a judgment restoring title of the real property, valued at approximately $550,000, and void the questionable estate planning documents. , 2006
- Lederman vs. Schwarcz, et al.. Represented an elderly plaintiff in an action against her former attorney and his spouse to recover her former residence. After a three-week jury trial in March 2006, obtained a verdict awarding plaintiff $4,719,436.00 in damages plusa decree quieting title to her former Beverly Hills residence and a related property in her name with an estimated additional value of approximately $3,000,000.00. , 2006
- In Re: Conservatorship of: Donald A. Johnson. Represented administrators in their effort to file objections to a conservator’s final accounting and request that the conservator be surcharged for mismanagement and possible malfeasance. The matter was successfully when the former conservator agreed to make a significant payment to decedent’s estate in exchanging for settling all claims., 2005
- Estate of Cornelius Harden. Defended a grandson against his mother’s claims of fraud and undue influence in connection with transfer of grandfather’s real property to the grandson. Successfully resolved the matter via a settlement agreement wherein the parties each benefitted from the estate. , 2005
- Williams vs. Esquivel. Represented a granddaughter who discovered that her grandmother’s residence was in foreclosure as a result of unpaid loans. Subsequent investigation revealed that, unbeknownst to the grandmother and the remaining family, there was an unrelated individual who had several years earlier become a co-borrower and joint tenant on the residence. Represented the granddaughter in obtaining conservatorship over her grandmother and in a subsequent lawsuit by the granddaughter against the joint tenant for claims including partition and elder abuse. The matter was successfully resolved with defendant agreeing to pay decedent’s estate the sum of $90,000. , 2005
- In Re: Conservatorship of Ivan Cindrich, et al.. Represented two of conservatee’s children in an action against the successor trustee/attorney-in-fact for claims including breach of trust and elder abuse. Following an eight day trial, in February 2005, obtained a judgment for clients restoring all of conservatee’s assets valued at approximately $1,500,000. , 2005
- Gorman vs. Komick & Bourgeois. Represented a defendant-supplier accused of providing goods or services that caused or contributed to the toxic mold contamination of a residence resulting in significant personal injury claims to plaintiffs. The client was dismissed from the action following a motion and order granting summary judgment. The remaining parties subsequently resolved the matter in a $22 million settlement which sources indicate was the largest settlement in a toxic mold case involving a single family., 2004
- In re: the Janey B. Smoots Trust. Represented successor trustee against claims of fraud and undue influence. Obtained an order dismissing all claims against the successor trustee client. , 2004
- Estate of Ena Von Pertz. Represented decedent’s only child in contesting an amendment to decedent’s estate plan which essentially eliminated the child as a beneficiary. The matter was successfully resolved with the client receiving a distribution equal to approximately 35% of the estate. , 2003
- Conservatorship of Barbara Hannon (Hannon v. Gray). Respondent asserted that conservatee had waived her right to partition the real property in dispute. Petitioner won the right to partition and defeated many of respondent’s claims. The matter was resolved with Respondent purchasing conservatee’s interest in the real property for a six figure amount., 2003
- Conservatorship of Evelyn Ellis. Conservatee’s daughter and granddaughters made arrangements to have conservatee transfer title to her residence into joint tenancy and a trust, respectively. Following a dispute between the family members, independent conservators were appointed. The litigation resulted in the deed and estate plan being voided and the property returned to conservatee., 2002
