PROBATE AND TRUST
OUR PRACTICE AREAS
We practice in all areas of probate and trust
- probate and trust administration
- distribution of estates
- will and trust contests
- suspension or removal of trustees, executors and
- compelling accounting by fiduciaries
- termination or reformation of trusts
We work closely with our clients in two distinct ways
concerning probate estates, living and testamentary trusts, conservatorships (involving
impaired adults) and guardianships (involving minors). To begin with, we handle the
creation, administration and distribution of all of these types of estates and
relationships, which are governed by the California Probate Code. Then, as circumstances
warrant, and to an increasing degree, we call upon nearly half a century of experience in
protecting our clients' interest in initiating or defending contested proceedings.
The head of our department, Howard S. Klein, is a Certified
Specialist in Estate Planning, Trust and Probate Law (State Bar of California Board of
Legal Specialization). Mr. Klein is the immediate past Chair of the State Bar Estate
Planning, Trust and Probate Law Advisory Commission. He has also written several legal
articles and appeared on the TV shows The Insider and Starting Over, and he
has given numerous Continuing Legal Education lectures and participated in panels. Los
Angeles Magazine has named him a Super Lawyer for four consecutive years, from 2005 to
2008, and he holds an AV rating from Martindale-Hubbell.
AN EXPERT IN PROBATE/FAMILY
LAW CROSSOVER MATTERS
An expert in contested probate litigation, Howard Klein also has a rare niche area in
California as an expert in probate/family law crossover issues, and he has practiced
family law since the 1970s. With respect to divorce, state law has certain provisions
called "Automatic Temporary Restraining Orders" or ATROs, regarding what a
person can and cannot do with their assets during Family Court proceedings. These play an
important role should you want to alter your estate plans because you do not want your
ex-spouse to wind up with your assets.
Mr. Klein and his team of estate lawyers serve clients with
warmth, compassion, intelligence, and honesty. We always have the best interests of our
clients in mind, and we bring extensive experience, focus, and tenacity to our work.
ANSWERING YOUR WILL AND TRUST
Our probate administration attorneys can
help you answer common questions related to will, trusts and estate, such as when it is
appropriate to file a will contest or a trust contest; what the downside of doing so is;
and whether you can have a dishonest or incompetent executor or trustee removed. Our goal
for every client is to achieve a just result, as expeditiously and inexpensively as
possible. If this is achievable out of court, we will go about it in this way; otherwise,
our probate attorneys are always ready to defend your rights in litigation.
The top goal of FMBK's probate and trust
litigation department is to get excellent results for our client, whether in negotiation
or contested litigation. With our unique specialization in crossover matters between
probate and family law, our first-rate service, and years' worth of experience, we can
help effectively prosecute or defend our clients' positions.