THE LAW OFFICES OF TIMOTHY J. CHAMBERS
Attorneys at Law

Services

Legal support for your trust & estate concerns

Litigation

Disputes often arise in the administration of a trust or a probate estate, especially when there are considerable amounts of money involved or when family conflicts arise.

Our foremost concern is to facilitate resolution of these disputes without resorting to litigation, which can be costly, stressful and time-consuming. We have an excellent track record of achieving informal resolution. However, in some situations, litigation is unavoidable. When that happens, you need an attorney with the skills necessary to prosecute or defend complex actions in probate court.  The Law Offices of Timothy J. Chambers is particularly qualified to represent fiduciaries, executors and beneficiaries in litigation matters because our firm combines litigation experience, knowledge of trust and probate administration, and estate planning.  

Trust and estate litigation often involves complex and emotional family dynamics.  Disagreements among family members can be difficult. The Law Offices of Timothy J. Chambers take care to balance sensitivity to family difficulties with the need for aggressive representation to protect the rights of our clients.  We are always  focused on considering solutions that minimize costs associated with litigation, and the possibility of resolving disagreements before it becomes necessary to go to court.  

Our law firm handles the following probate and trust litigation matters: 

  • Trust and Will contests claiming lack of capacity, undue influence, mistake or fraud; 

  • Enforcing no contest clauses or defending against the enforcement of a no contest clause; 

  • Claims that a gift to a prohibited transferee is invalid under Probate Code §21350; 

  • Forgery or lack of due execution;

  • Elder financial abuse; 

  • Breaches of fiduciary duty; 

  • Seeking appointment of an executor or trustee; 

  • Objections to the appointment of an executor or trustee; 

  • Removal of an executor or trustee; 

  • Guardianship/conservatorship proceedings;

  • Disputes over the actions of an agent with a power of attorney;  

  • Prosecuting or defending claims of creditors against trusts and estates; 

  • Challenging financial arrangements or agreements between decedents and family members or other parties; and

  • Disputes regarding the interpretation of ambiguous language in a will or trust. 

There can be several reasons that families argue over an inheritance. Will contests typically involve several types of disagreements, such as: 

  • Did someone unduly influence the writing of the will? 

  • Was the signature forged? 

  • Was the will properly executed — written and signed? 

  • Did the person lack the proper capacity to make a will? 

If there is a disagreement over a trust or a will, you need a knowledgeable and experienced trust and probate litigation attorney to protect your rights.  Contact us to schedule a consultation.

estate planning

A good estate plan protects your assets and personal decisions, provides for your loved ones, and gives you peace of mind. Failure to plan appropriately could cost your estate money that would otherwise have been passed onto your heirs. At a minimum, an estate plan should include a will, power of attorney, and health care directive. Depending on your situation and needs, a living trust and other planning options can achieve your goals. 

Estate planning encompasses a broad array of services, including the creation of wills, revocable living trusts, durable powers of attorney, health care directives, and supporting documents (such as schedules of assets, confidentiality waivers for health care providers, and assignments of business interests).  The types of documents required to accomplish your estate plan may vary depending on your goals and circumstances.

Our estate planning lawyers will work closely with you to understand your family, your financial situation and your goals. We help our clients identify and refine their objectives, and develop plans that best accomplish them. If you have minor children, it will be important to name a guardian for your children in the event of your death.  As your personal and family circumstances change, our firm can amend your estate plan in a cost-effective manner. 

Our firm has experience with clients with large estates and complex issues. We can create a trust or trusts designed to meet your goals and to protect your assets, avoid probate, and minimize estate taxes.  If you have a disabled child, we can create a special needs trust to provide funds for specific purposes while preserving federal and state benefits. Our goal is to provide the right solution for your specific needs. 

Plan for your future and your family’s future. Contact us to schedule a consultation.

fiduciary representation

We represent corporate fiduciaries and individuals in their capacities as trustees, personal representatives, agents, and guardians to resolve a broad range of disputes involving complex legal and personal issues. Our trust administration lawyers represent trustees and advise them about managing and settling trusts.  Often, a surviving spouse may neglect to consult with a trust lawyer about administering the trust or transferring assets to the trust when one spouse has died. A successor trustee needs legal guidance to administer a trust, to make sure expenses and claims are paid as required by law, assets are valued correctly, required accountings and notices are given to beneficiaries and public agencies, property is added to the trust as appropriate, and the trust property is allocated and administered in new trusts, or distributed to beneficiaries, or both.  If the trust is not properly administered, beneficiaries of the trust may file a petition in probate court seeking removal of a trustee, compelling the trustee to provide an accounting, or asking the court to surcharge the trustee for breaches of trust.  Trustees should consult with counsel to protect themselves, and the trust they are administering, from costly litigation. We can advise clients on all trust administration and compliance matters. 

Fiduciary representation is a technical and highly-specialized practice of law.  Our extensive experience makes us uniquely equipped to resolve the difficult problems that arise in administering or settling an estate or trust. If you seek guidance regarding your responsibilities as a fiduciary, contact us to schedule a consultation.

Probate

Probate is the process in which a court oversees the administration of a deceased person’s estate to ensure that any final bills and expenses are paid and any remaining assets are distributed to the beneficiaries named in a will. Probate may occur even if there is no will; if the decedent dies without one, their estate will be distributed to their heirs as set forth in California’s laws governing intestate succession.

If a probate is necessary to administer a decedent’s estate, the process typically begins by submitting the will and seeking appointment of the person designated in the will as the estate's executor. If there is no will, then a petition is filed to request the appointment of an administrator. 

The administrator and the executor are sometimes referred to as the personal representative.   The personal representative's duties are to collect the assets, file an inventory, provide notice to creditors, pay bills and taxes and, when these tasks are accomplished, to ask the court for permission to close the estate. 

Serving as the personal representative of a decedent’s estate involves many fiduciary duties and responsibilities. It is important to seek the guidance and representation of an experienced California probate attorney. The Law Offices of Timothy Chambers handles probate administration of estates of all sizes and complexities, ranging from simple estates to large estates comprised of business interests, real estate and assets located in more than one state.

ELDER ABUSE

Senior citizens can be vulnerable to what is broadly known as elder abuse.  Elder abuse can take many forms, including financial exploitation, inattention and neglect, physical abuse or emotional abuse.  People committing the abuse against the elder can include caregivers, family members, neighbors and acquaintances, financial managers or people holding a durable power of attorney for the elder.  If you suspect that an elderly friend or family member is being subjected to neglect, physical abuse, emotional abuse, or financial abuse, you should seek the help of an experienced elder abuse attorney. Understanding your rights and what remedies are available to protect a vulnerable elder from abuse is one of the most important steps you can take to protect yourself or a loved one. 

In the State of California, there are laws that help protect senior citizens who are 65 years of age or older from all types of fraud and abuse. Included in these laws are protections against financial elder abuse, which happens when a person has taken property from a senior citizen, without regard for the elder’s well-being.  Remedies include financial recovery, recovery for pain and suffering, and attorney fee awards.  It is also possible to obtain a restraining order or a stay-away order to prevent the person abusing the elder from having any further contact with the elder.    

Some examples of elder abuse include: 

  • Physical abuse 

  • Sexual abuse 

  • Emotional abuse 

  • Neglect  

  • Abandonment 

  • Abduction or moving the elder to a different location against their will 

  • A caregiver forging a check or using the elder's ATM card to withdraw cash 

  • Influencing  the elder to sign a power of attorney or will, through deception or coercion 

  • Stealing jewelry or other personal property  

  • Obtaining a deed to property through undue influence 

  • Scams or other fraudulent and deceptive acts 

Abuses like these are often perpetrated by people who are close to the elder. California law provides protection and remedies for elders and senior citizens who are the victims of financial abuse. At the Law Offices of Timothy J. Chambers, our experienced financial elder abuse lawyers represent clients in court to retrieve lost or stolen property, obtain compensation for damages suffered and nullify documents that were signed because of fraud. 

Know your rights and take a stand against financial elder abuse by contacting us today.