• Consequences of Not Creating a Will

    John Woods lived alone and died without a will. His brother (from Kansas City) became the administrator of the estate. He learned his brother had loaned a large sum of money and one of the parties filed a lawsuit to remove the lien from his home (that was security for the loan, which was never repaid). Feldman Law Group successfully defended the estate at a trial in Solano County Superior Court. The case ultimately settled on appeal. Because John Woods did not have an estate plan with a trust, his heirs lost over $50,000 that was paid in attorney's fees and costs that could have been avoided by getting his estate plan completed.

  • Denial of Imposed Conservatorship
    Aaron Feldman successfully defeated an attempt by the client’s sister to impose conservatorship over their mother and instead had his client named conservator. The Client had been caring for his mother for 20 years when his sister attempted to become the conservator. The Court issued its ruling after a two-day trial.
  • Established Third Party Beneficiaries

    Prouty v. Gores Technology Group, 121 Cal. App. 4th 1225 (Dist. 2004)

    Former employees represented by Aaron Feldman sued to enforce compensation provisions contained in the sale agreement of an HP subsidiary to Gores Technology.  Attorney Feldman successfully appealed a lower court and the Appellate Court ruling established that the employees were third party beneficiaries under the agreement and could seek their contractual benefits.

  • Limited Conservatorship

    Parents were seeking Limited Conservatorship for their developmentally disabled child who was about to turn 18. They waited too long to start the process; however, and were very worried their child would turn 18 and they would not have the legal authority to protect their child. Specifically, they feared the School District would schedule an IEP and exclude the parents since the child was now an adult. Feldman Law Group rushed into action and filed an emergency Petition for a Temporary Conservatorship which was granted, giving parents the legal standing to represent their child. Advocating for a developmentally disabled child is critical. With Temporary powers in place, the parents had peace of mind while the permanent Petition was pending.

  • Loan Dispute Represented
    Attorney Feldman represented the Borrower in a family dispute over a loan.  The father claimed money paid over the years was interest only.  The Borrower (Attorney Feldman’s client) proved that payments should have been applied to principal and interest according to the parties’ agreement.  The Borrower owed $30,000 less than the Father was claiming.  Attorney Feldman also recovered attorney’s fees, reducing the obligation even further.
  • Petition for a Trustee

    Gene Landry had a trust prepared by a notorious trust mill. He lived in Berkeley but the attorney used by the trust mill was in Southern California. The trust was defective and the original could not be located. A surviving relative hired Feldman Law Group to investigate. The trust was so poorly prepared that there were no alternate provisions for even naming a successor trustee. Feldman Law Group had to Petition the Court to have a niece appointed as trustee. The trust also lacked alternative beneficiaries (decedent's son predeceased the father without leaving issue), so a second petition was required to get approval for distribution of the estate to the intestate heirs. Having a skilled local attorney preparing your estate plan is critical. At Feldman Law Group we review our Estate plans with our clients every 3 years (for free). In that way, we avoid problems with missing trustees or beneficiaries!

  • Successful Conservatorship

    Feldman Law Group handled a conservatorship of a former client. The husband noticed the wife was beginning to show signs of dementia. Instead of doing a full estate plan, he downloaded a financial Power of Attorney off the internet. His wife was 75 years old at the time. Five years later he was trying to use the POA to sell a rental property to help pay for his wife's caregivers. The title company refused to accept the POA without a separate signed statement from the wife's treating physician at the time attesting to her capacity. The doctor had retired and moved away so the Husband hired Feldman Law Group. Sadly a formal conservatorship was required and now even doing an Estate plan will require court approval. Had a full estate plan been prepared instead of just downloading a document off the internet, the husband could have easily taken care of his wife. But now with the conservatorship, he has already spent $20,000 in legal fees and will be required to file formal accountings with the court, each of which will cost more than the estate plan he failed to do.

  • Real Estate Law Representation
    Attorney Feldman represented the Sellers of a vacation cottage in Lake Tahoe.  The buyer claimed that the property had various defects that were not properly disclosed by the Sellers.  The case went to mediation and then binding arbitration against the Sellers and the Realtors.  The arbitrator decided in favor of Attorney Feldman’s clients, entitling them to recover attorney’s fees and costs.

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