Helping Clients Through The Probate And Estate Administration Processes
Attorney Darvy Mack 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. From his office in La Jolla, he offers advice and counsel that help clients understand the best options for their circumstances in probate and estate cases, as well as many other legal matters.
Do you have questions about probate and estate matters? Attorney Cohan has answers. Call his office at 858-459-4432 to schedule a consultation.
Drafting A Last Will And Testament
In 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 will walk 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 advantages over a will alone. With a trust, you can minimize estate taxes, avoid probate delays and expenses, and provide financial support such as college expenses for minor children or gifts to a specific charity. A trust also preserves your privacy, which a will does not do. There are many types of trusts. Darvy Mack Cohan advises clients on their benefits and will establish the one that best meets your 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. He 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.