Probate and Administrative Law
Attorney Cohan drafts and probates wills and litigates disputes involving wills and trusts. He tailors his legal representation to the needs of individual clients by creating wills and trusts that seek to preserve assets for the next generation. He offers advice and counsel that provides clients with an understanding of the best options for their circumstances.
Drafting the last will and testament
In the state of California, dying without a will means that the probate court will decide how to distribute your assets. A will or another legal document should clearly spell out your wishes to ensure that your assets are passed along according to your wishes. Wills are also used to name guardians for minor children, name executors and other matters. Attorney Cohan walks you through the process, paying special attention to assets such as small businesses, extensive real estate holdings or provisions for the special needs of a child.
Drawing up trusts
A trust should also be written according to your specific needs and goals. It has some advantages over a will alone. With a trust, you can minimize estate taxes, avoid probate delays and expenses, provide financial support and such things as college expenses for minor children or support to a specific charity. A trust also preserves your privacy-something a will does not do. There are many different types of trusts. Darvy Mack Cohan advises clients on the benefits of having a trust, and will establish the one that best meets their requirements.
Litigating trust and estate disputes
Trust and estate litigation can involve any dispute arising from the probating of a will or the operation of a trust. Typical problems include claims of:
- Breach of fiduciary duty
- Disputes over trust accountings
- Disputes between heirs and survivors over the provisions of a will or trust
- Disputes with the executor or administrator about fees, implementation of the provisions of a will or trust or the sale of assets
- Will contests involving matters such as the capacity of the testator, claims of undue influence or coercion and claims of fraud in the drafting of the will
- Problems with holographic wills
Even with all the right documents in place, there are frequently contentious legal issues over estates and trusts. Attorney Cohan uses his experience and his ability to solve problems effectively to achieve the best possible outcome for clients involved in estate and trust litigation. Mr. Cohan represents clients in State, Federal, and U.S. District Courts. His work on behalf of clients has been recognized by fellow attorneys; he has received an AV rating* under Martindale-Hubbell's peer review rating service.
Please contact the Law Office of Darvy Mack Cohan, in La Jolla, California, to discuss your legal needs.
Darvy Mack Cohan
1200 Prospect Street, Suite 550
La Jolla, CA 92037-3669
Phone: (858) 459-4432
Fax: (858) 454-3548
Email: dmc@cohanlaw.com
Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.
Darvy Mack Cohan provides high-quality legal representation to individual, business and commercial clients in San Diego County, Orange County, Los Angeles County, Riverside County, San Bernardino County and Ventura County, including those southern California communities of San Diego, La Jolla, Del Mar, Rancho Santa Fe, Encinitas, Solana Beach, Oceanside, Vista, Rancho Bernardo, Poway, Ramona, La Mesa, El Cajon, Chula Vista, San Clemente, Irvine, Santa Ana, Los Angeles, Long Beach, Burbank, Woodland Hills, Riverside, Palm Springs and Palm Desert.