Fiduciary Representation
Koller Herlihy LLP represents both professional and non-professional fiduciaries, in all matters relating to trusts and estates, including as administrators, trustees, and conservators. Whether a fiduciary is a family member or a licensed professional fiduciary, the fiduciary has legal obligations and duties that are among the highest under California law.
Koller Herlihy LLP has significant experience representing fiduciaries in trust, estate, and conservatorship administration. We advise the fiduciary from start to finish, including assisting with initiating administration, ensuring that proper notices are provided, and advising the fiduciary regarding marshaling of assets, proper accounting methods, and distributions to trust beneficiaries, both during administration and, where applicable, upon termination.
Koller Herlihy LLP also represents fiduciaries in all aspects of litigation initiated by or against a fiduciary. In some cases, fiduciaries are sued for mismanagement of a trust or estate and will need to defend their actions or omissions. In others, fiduciaries 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. Having tried cases throughout the Bay Area, our team is experienced in prosecuting and defending actions on behalf of fiduciaries.
We also routinely handle non-contentious matters in Probate Court on behalf of our fiduciary clients, such as petitions for instructions, approval of accountings, and determination of ownership of property, commonly referred to as 850 or “Heggstad” petitions.