After a loved one has died, disputes may arise. In a probate, potential disputes include will contests, appointment of personal representative, removal of a personal representative, asset disputes, or management of the assets in the probate proceedings. In a trust litigation, potential disputes include trust contests, removal and surcharge of a trustee, accounting disputes, and disputes over the interpretation of an estate plan.

We represent the personal representatives and trustees in administering the estate of the deceased person. From providing notices, marshalling assets, distributing assets, and advising clients regarding from start to finish in the administration.

We represent the beneficiaries of the trust or will. We advise the beneficiaries regarding their respective interests and their rights during a trust and estate administration including their rights for information, accounts, and distribution of assets.

We represent both professional and non-professional fiduciaries, in all matters relating to trusts and estates, including as administrators, trustees, and conservators. We advise the fiduciaries in administrations and in all aspects of litigation initiated by or against the fiduciary.

In the trust administration, we advise the fiduciary from start to finish in the trust administration process. We assist the fiduciaries with providing the requisite notices, marshalling assets, distributing assets and working with the beneficiaries.

In litigation, we represent fiduciaries who are sued for mismanagement of a trust or estate. We also represent fiduciaries who are obligated to take legal action against family members or third parties relating to damage to a trust or estate or to recover certain property.

The decision to seek a conservatorship or guardianship of a loved one is not easy, and Ms. Schmitt is experienced in handling the legal and emotional issues that arise during these proceedings. We represent our clients in all aspects of contested and non-contested conservatorship and guardianship proceedings. We understand that emergencies arise making a conservatorship immediately necessary. From the initiation of proceedings —both temporary and general— through termination, we are here for our clients.

Our clients include individuals and licensed professional and corporate fiduciaries, and we can call on a vast network of professionals when the need arises. We have extensive experience representing conservators during conservatorship and guardianship proceedings, and an intimate knowledge of conservatorship rules and requirements.

Ms. Schmitt is on the Contra Costa County and Santa Clara County court appointed attorney panels to represent conservatees and wards in conservatorship and guardianship proceedings.

We also assist with elder law disputes including financial elder abuse which typically requires assisting in recovering assets for an elder adult (65 years of age or older) from persons who are taking advantage of the elder adult.

We understand that discussing your estate plan is overwhelming and uncomfortable. This is why we take our time to understand the client’s needs and priorities in preparing the estate plan. It is important for each client to feel comfortable explaining his/her family dynamic, financial situation and future concerns with us.

We assist in the preparation of simple and complex estate planning documents, including Wills, Trusts, Durable Powers of Attorney, Advance Health Care Directives, Irrevocable Trusts, and Guardianship Nominations.

Is there a dispute relating to your real property? We can assist in handing real property disputes including, but not limited to quiet title actions and partition actions.

In addition to Probate matters, Trust matters, Conservatorships, Guardianships, and Property disputes, we assist in other civil litigation actions including corporate disputes.