Estate, Trust and Probate Litigation

Representation of the actress and former Playmate of the Year in tort and estate-related litigation involving her late billionaire husband. Obtained judgments of $475 million and $89 million.

Representing four children whose mother was killed, Boesch obtained California State Record Judgment for wrongful death and was then court-appointed guardian of the children’s estates.

Successful representation, litigation and counseling of estates and heirs to the names, likenesses and royalty rights of movie stars, singers, musicians and comedians, film and music library rights, and disposition of bequests and contract interpretation.

Mr. Boesch was a featured speaker – Beverly Hills Estate Planning Council – ‘Til Death Do You Part and Litigation Forever After’.

The death of a loved one is traumatic in many ways. Prepared and sensitive to these situations, the Estate, Probate and Trust Litigation lawyers at Boesch Law Group guide our clients through the business of estate and trust problems. Whether prepared as complex trust instruments in the office of a prestigious law firm, or scrawled on the back of a napkin, estate planning documents often raise issues of contract interpretation, rules of construction, and the intentions of the decedent, the draftsman, the heirs.

With a reputation of achievement for fiduciaries and beneficiaries, Boesch Law Group has a proven track record in will and trust contests, will and trust construction, reformation proceedings and fiduciary litigation. Boesch Law Group efficiently handles investigation, discovery, negotiation, hearing and trial when necessary, and settlement when possible.

The Boesch Law Group has won for plaintiffs and defendants numerous judgments and settlements in all areas of Estate Litigation, including the “Number One Judgment in the United States,” according to U.S. Lawyers Weekly.

All Boesch Law Group clients involved in Estate, Probate, and Trust Litigation are represented with the same skill and experience that won the number one judgment in the United States.

“Former Playboy model wins $475 million in battle over dead husband’s fortune…the Anna Nicole Smith verdict was a landmark victory against seemingly overwhelming odds for Los Angeles attorney Philip W. Boesch.” – U.S. Lawyers Weekly

“J. Howard Marshall was mourning the loss of his second wife and his mistress when his driver arranged for him to meet Smith, a young single mother who was working the lunch shift at a Houston topless joint. ‘Don’t go love-falling,’ the chauffeur advised. But Marshall was smitten, said attorney Philip W. Boesch, Jr., and he gained a new lease on life. ‘He loved this woman to the point that he wanted to adopt and marry her at the same time,’ the lawyer said.” – Los Angeles Times

”With a paucity of direct evidence….Boesch decided to present to the court a steady accretion of circumstantial evidence – hundreds of peripheral documents and hours of testimony that would gradually erode [the other side’s] initial
advantage.” – U.S. Lawyers Weekly

Enhancing Boesch Law Group’s reputation as an advocate with Judges and Arbitrators, Mr. Boesch has been retained to decide numerous cases as an arbitrator involving the disposition, rights of estates, heirs and production companies to intellectual property libraries, names, likenesses and royalties.

will contests and trust litigation
Whether prepared as complex trust instruments in the office of a prestigious law firm, or scrawled on the back of a napkin, estate planning documents often raise issues of contract interpretation, rules of construction, and the intentions of the decedent, the draftsman, and the heirs. In an atmosphere charged by trauma or the death of a loved one, issues and disputes become problems and disputes that can challenge any Estate Litigation lawyer. Prepared and sensitive, Estate Litigation lawyers at the Boesch Law Group guide clients through investigation, discovery, negotiation, hearing and trial when necessary and settlement when possible.
undue influence and testamentary capacity
Did he have the ability and coherence to understand what he was doing when the trust or will was prepared? When does natural and honest help become “undue influence”? When protecting family treasure, what type of influence is forbidden? Estate Litigation lawyers at the Boesch Law Group regularly and successfully confront issues of undue influence and testamentary capacity, in court, in negotiation and in resolving the most complex problems in the Estate Litigation field.
elder abuse
When families find themselves in dispute after the death of a loved one, with emotions running high and often controlling the business sense of the parties, the Estate Litigation lawyers at the Boesch Law Group are expert at navigating and negotiating through sensitive and often difficult family relationships, in order to obtain a fair and just settlement without trial, if possible, and when necessary, the lawyers at the Boesch Law Group are the strongest advocates for trial on the merits. Elder abuse allegations bring special challenges, whether or not jury trial is available, whether or not the claims are consolidated with probate-related issues. Because claims of financial abuse, physical isolation or physical abuse, may dictate the outcome of estate litigation, our Estate Litigation lawyers are experts in uncovering and proving financial frauds, misappropriations, and actions which take advantage of the elderly and the weak. The Boesch Law Group prosecutes such cases where warranted, and when parties attack well-meaning caregivers, we provide the most capable defense.

 

Representative Matters

  • Won numerous judgments and settlements in trust, estate and probate litigation involving competence, undue influence, tortious interference, family issues, fiduciary duties, will and trust construction, from multi-billion dollar estates to modest disputes for clients in need.
  • Won judgments and settlements in estate litigation over the disposition and control businesses, and real property.
  • Successful representation, trial and trial avoidance, negotiation, settlement and alternative dispute resolution of sensitive personal matters relating to personal relationships, family matters, children’s rights, and property division.
  • Representation of individuals dealing with personal tragedy and private disputes, from neighbors to NBA superstars.
  • Successful representation, litigation and counseling of estates and heirs to the names, likenesses and royalty rights of movie stars, singers, musicians and comedians, film and music library rights, and disposition of bequests and contract interpretation.
  • Enhancing Boesch Law Group’s reputation as an advocate with judges and arbitrators, Mr. Boesch has been retained to decide numerous cases as an arbitrator including cases involving the rights of estates, heirs and production companies to the library, name, likeness and royalties of a movie star entertainer; disposition of movie stars, singers, musicians and comedians; estates and heirs to the names, likenesses and royalty rights of movie stars, singers, musicians and comedians; estate litigation over film and music library rights; disposition of bequests and contract interpretation.

Boesch Law Group

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