Trust & Estate Litigation Cases
When somebody lacks capacity to truly execute a will or trust document, or is susceptible to falling under the undue influence of others, grave alterations to pre-existing estate plans and a great upheaval in your expectation of inheritance can result.
When a trustee or other fiduciary acts inappropriately with respect to trust or estate assets, or is wrongly accused of same, significant losses and disturbance to a family legacy may result.
When a respected elder is controlled or even victimized by the undue influence of others, and where abuse including financial abuse is present, a serious impact to the well-being of that elder and indeed any other family members may result.
These kinds of cases therefore require an advocate who is highly knowledgeable of the law in this area and how to apply it in Court to your best advantage and to obtain in Court. Attorney Peter Bochnewich is that attorney.
Mr. Bochnewich has extensive experience over many years of practice in litigating numerous cases involving lack of capacity and undue influence claims, breach of fiduciary claims and all manner of contested matters, throughout numerous probate courts in all of Southern California and elsewhere. Mr. Bochnewich has made this area of legal practice the largest part of his practice and is dedicated to knowing the area and practicing at the highest level when it comes to trust and estate and probate litigation. The considerations associated with whether you receive a family legacy that has been wrongfully alienated from you or your need to defend a trust or estate plan against unwarranted attack require this caliber of understanding and personal commitment.
Mr. Bochnewich also has an excellent reputation for working closely with his clients at every level to seek the most cost-effective manner by which to manage any litigation, and to work closely with you so that you understand the nuances of the law and the evidence both “for” and “against” any position. Peter has also been very successful in negotiating many highly contested matters to beneficial settlement, thereby circumventing and saving the client from substantial legal costs and expenses.
Mr. Bochnewich will treat you and your case with the utmost respect, integrity and dedication your matter deserves. Where court action is necessary, decisions are focused and precise and the client’s interest are paramount, with the client participating with Peter in the development of the case so they are ever well informed, knowledgeable and prepared. The client will receive vigorous and zealous advocacy in the courtroom, and wise and sound counsel in private.
Peter has represented clients throughout the Inland Empire and Southern California, and occasionally in other jurisdictions.
The following are just a few examples of the litigated trust and estate matters that Peter has handled:
- Obtained a $2 million settlement, in September 2014, for an 87-year-old client, on the 5th day of a projected 15 – 20 day trial before an Orange County Superior Court Complex Litigation Panel judge.
- Successfully obtained a judgment after trial, recovering over $1.2 million, plus interest, from an estate executor and fiduciary, which was wrongfully obtained by the acts of undue influence by the fiduciary. These assets were returned to the lawful heirs of the decedent’s estate. Peter introduced evidence in the two-week trial in this matter, including testimony from sophisticated handwriting experts, to prove the breach of fiduciary duty and acts of dishonest and undue influence against the fiduciary, and to also have him removed from office and determined to be an invalid donee/recipient of any inheritance from the decedent.
- Successfully defended and preserved the right of inheritance of a client wrongfully accused of acts of undue influence, in the amount of approximately $2 million, against attack by disputing relatives.
- Successfully cancelled, through judgment obtained at trial, the wrongful transfer of real property taken at the expense of an incapacitated elder, and quieted title to that real property residence to its rightful owner.
- Successfully obtained the return of real property and other assets approaching $1 million against defendants who secretly obtained such assets from an incapacitated, elderly woman.
- Successfully defended a client through trial, against allegations of financial mismanagement of estate properties and alleged forgery and manipulation of estate documents.
- Represented a homeowner against a large title insurance company for recovery of almost 20 times what the title company was willing to pay for liability in failing to disclose a burdensome easement on a title report, in a complex easement and insurance case. This matter was tried in a binding arbitration setting.
- Successfully obtained a seven-figure settlement for a retailer claim against a major nationally known manufacturer in a complicated antitrust/price-fixing case.
- At the Court of Appeal: Peter has been routinely and almost universally successful in several significant matters he has personally briefed and argued before the Court of Appeal, in the area of trust and estate oriented litigation.
Bochnewich Law Offices is a firm that is dedicated to the trust, estate and probate related fields. These areas are of primary focus for the firm. If you are presented with a matter that requires action in court, please contact Bochnewich Law Offices.