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PRACTICE AREAS
 

probate

  • WILL OR INTESTATE SUCCESSION

  • §850 PETITIONS

  • SPOUSAL PROPERTY PETITIONS 

  • TRANSFER DEEDS

  • SMALL ESTATE AFFIDAVITS

Our firm represents Executors and Administrators, to guide them through the formal Probate process.  We advise on the duties of management, record-keeping and reporting. We prepare and file all necessary court documents, publish requisite notices, appear at any hearings and obtain orders, assist in enforcing orders against the relevant financial institutions, record and prepare the transfer deeds and related property tax filings, and any and all duties required to administer the estate successfully through Probate.

ESTATE PLANNING

  • REVOCABLE LIVING TRUSTS

  • MARITAL TRUSTS

  • SIMPLE WILLS

  • POWERS OF ATTORNEY

  • ADVANCE HEALTH CARE DIRECTIVES

  • TRANSFER DEEDS

The wealth accumulated through a person’s lifetime of hard work should be rationally and efficiently distributed. Developing a complete and effective estate plan not only involves preparing a trust, but reviewing existing life insurance policies, retirement accounts, and business interests to make sure that each aspect of the estate plan is on track and targeted to achieve the client’s goals. Our firm focuses on creating a comprehensive estate plan to ensure that your beneficiary distributions reflect your wishes.

TRUST ADMINISTRATION

  • TRUSTEE FIDUCIARY DUTIES

  • ACCOUNTINGS 

  • STATUTORY NOTICES

  • MARSHALING ASSETS 

  • COURT CONFIRMATION OF TRUST ASSETS 

Serving as a trustee of a trust can be a demanding responsibility. We represent trustees of trusts of varying sizes to assist them with their legal responsibilities required to manage and administer a trust. We facilitate the trustee’s necessary duties by coordinating with other professionals, including financial advisors, accountants and other trusted advisors. We assist in preparing inventories of trust assets and debts, payment of trust debts and taxes, preparing necessary transfer documents, preparing deeds to real properties and related property tax filings, notices to beneficiaries, trust accountings, coordination of non-trust assets such as IRA accounts and life insurance, and all other necessary trust administration procedures.

TRUST & ESTATE LITIGATION

  • TRUSTEE AND ADMINISTRATOR REPRESENTATION

  • PETITIONS FOR INSTRUCTION

  • WILL & TRUST CONTESTS 

  • BREACH OF FIDUCIARY DUTIES

  • DEMANDS FOR ACCOUNTING

Litigation can occur at several stages. There may be a challenge to the admissibility of a will, or the suitability of a nominated trustee or representative. The estate or trust representative may need to commence proceedings to discover or obtain possession of assets. A beneficiary may object to certain conduct of the executor/trustee with regard to the estate/trust assets, including allegations of a breach of fiduciary duty, imprudent investment or management decisions, or self-dealing. An executor/trustee may be required to obtain Court approval of an accounting of all of her conduct with regard to the assets of the estate or trust.  Our firm has extensive experience in all areas of trust litigation ranging from simple to complex estates.

CONSERVATORSHIPS

  • OF THE ESTATE

  • OF THE PERSON 

  • LIMITED (SPECIAL NEEDS)

  • COURT APPOINTED COUNSEL

Our firm represents both family members and friends of the proposed conservatee, as well as a number of professional fiduciaries. It is for this latter representation that the firm is best known in Contra Costa County. Moreover, Oliver Bray has been a long-standing member of the Contra Costa County Probate Court’s roster of Court appointed attorneys and is appointed to represent conservatees and proposed conservatees.

 

We advise on all aspects of the conservatorship proceedings including: petitioning for appointment of a conservator; preparing required accountings; advising on all issues that arise during the administration of a conservatorship including health and placement issues and financial issues such as accounting preparation, mortgages, home sales and terminating the conservatorship.

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