Representative Experience

San Francisco County Superior Court

Prevailed at trial on behalf of an executor in undue influence and quiet title matter. The trial judge upheld a decedent’s will and transfer deeds, ensuring that more than $2 million in real property and other assets passed to the heirs named under the decedent’s will.


San Mateo County Superior Court

Prevailed at trial on behalf of the trustee in contest alleging decedent’s incapacity and failure to fund the trust. The trial judge granted transfer of assets to trust and overruled contestants’ allegations of incapacity, allowing assets totaling approximately $200,000 to pass to trust’s charitable beneficiaries.


San Francisco County Superior Court

Filed complaint on behalf of an elderly client to rescind purported sale agreement and return assets procured though elder abuse, including client’s residence. Off-market sale agreement for client’s residence was voided, a conservator was appointed by a court, and assets totaling approximately $2 million were restored to the client.


San Joaquin County Superior Court

Filed action on behalf of decedent’s heirs to rescind grant deed based on allegations of undue influence and financial elder abuse. The case was settled with court order affirming that clients would receive their full share of decedent’s estate, totaling approximately $200,000, net of minor expenses, upon the sale of the house.


Contra Costa County Superior Court

Represented an executor and successfully defended decedent’s will from the contest by the alleged beneficiary. Contestant dismissed contest prior to trial, and entire estate, totaling more than $500,000, passed to heirs named under decedent’s will.


San Mateo County Superior Court

Represented beneficiaries in action to restore decedent’s financial assets wrongfully transferred and withheld by the trustee. Case settled with clients receiving a full share of withheld assets, totaling approximately $300,000.


San Francisco County Superior Court

Represented beneficiaries in action demanding accounting and distribution of decedent’s assets wrongfully transferred and withheld by the trustee. Case resolved with clients receiving a full share of withheld assets, totaling more than $2 million.


Alameda County Superior Court

Represented beneficiaries in action demanding accounting and distribution of decedent’s assets wrongfully transferred and withheld by a trustee. Case resolved with clients receiving a full share of withheld assets, totaling more than $1 million.


Santa Clara County Superior Court

Represented daughter of the decedent in action to invalidate trust and beneficiary designation forms naming decedent’s paid caregiver and her son as primary beneficiaries, based on undue influence and incapacity. The case was resolved after a petition was filed, with caregiver returning all disputed assets procured from the decedent, with a value of more than $300,000.


San Mateo County Superior Court

Represented trust beneficiary in successfully defending trust from attack based on alleged undue influence and drafting attorney’s alleged failure to comply with the trust’s terms for amendment. Case settled with distribution to the client of more than $2 million, including substantial payment from drafting attorney’s malpractice carrier.


San Mateo County Superior Court

Represented trustee and trust beneficiaries in successfully defending trust from attack by beneficiary seeking additional assets. At the close of trial, court-ordered losing beneficiary to reimburse the trust for all attorney’s fees and costs incurred.


San Mateo County Superior Court

Obtained favorable ruling from the trial court that a decedent’s failure to properly exercise a power of appointment required substantial assets to be returned to the family trust for distribution, resulting in the transfer of assets totaling approximately $600,000 to clients, decedent’s surviving children.


San Mateo County Superior Court

Successfully defended trustee and beneficiary against claims of undue influence, breach of fiduciary duty, and request for trustee removal brought by trust beneficiaries; case resolved in exchange for payment amounting to less than 10% of claimed damages.


Santa Clara County Superior Court

Obtained appointment of a conservator on behalf of the son to protect his elderly father from physical and financial abuse by a spouse; obtained damages from spouse for wrongful taking of assets.


Santa Clara County Superior Court

Successfully defended a woman from the petition for conservatorship of her husband, for whom she was a primary caregiver. The petition was dismissed, with no relief granted to the petitioner.


Santa Clara County Superior Court

Obtained appointment of a conservator on behalf of the son to protect his elderly mother from physical and financial abuse by the daughter.


San Mateo County Superior Court

Successfully defended handwritten will and trust amendment in contest alleging undue influence and incapacity, and an alleged failure by the decedent to comply with trust’s terms for amendment. Obtained settlement for beneficiary exceeding $2 million, with payment to contestants of less than 15% of claimed damages.


San Mateo County Superior Court

Suspended and removed a trustee and forced the sale of the decedent’s house, the trust’s primary asset, through a court order. Trust beneficiary was the decedent’s severely disabled daughter, and trustee refused to vacate or pay rent for more than five years up to that point. Obtained a settlement that provided the disabled beneficiary with damages for past due rent and appointed our client, a friend of the decedent, as a new trustee to arrange for the sale of the house.


Sixth District Court of Appeals

Successfully defended two appeals of unsuccessful contests brought against a decedent’s handwritten will. Settlement reached prior to oral argument, with payments of just $25,000 to each contestant to dismiss all claims.


Shasta County Superior Court

Successfully opposed the petition to appoint conservator over the client’s mother, a resident of San Mateo County. Court dismissed the petition, with no relief granted to the petitioner.


San Mateo County Superior Court

Successfully defended trustee and opposed the petition to invalidate trust and for return of trust assets. The petition was dismissed, with no relief granted to the petitioner.


Santa Clara County Superior Court

Successfully defended trustee against breach of fiduciary duty and trustee removal claims brought by trust beneficiary; after a year of litigation, petitioner dismissed the case in exchange for reimbursement of attorney’s fees and costs amounting to less than 5% of claimed damages.


Santa Clara County Superior Court

Successfully defended friend and caregiver of the decedent from claims of elder abuse and wrongful taking of decedent’s assets. After more than a year of litigation, the case was dismissed with no payment by the client and no finding of wrongdoing.


Marin County Superior Court

Secured six-figure settlement for a client, the daughter of decedents, in the case alleging that decedents’ son manipulated elderly parents into signing trust amendment disinheriting their daughter.


San Mateo County Superior Court

Secured high six-figure settlement for client in case alleging that elderly decedent’s friend and financial advisor manipulated her into signing trust amendment effectively disinheriting client, decedent’s son and only child.


San Mateo County Court; Santa Clara County Court

Appear in court frequently to modify trusts to best conform to the deceased settlors’ intentions, including termination of irrevocable trusts that no longer provide any tax benefit for the trust beneficiaries.


Santa Clara County Superior Court

Retained as an expert by a plaintiff and testified at a jury trial concerning an attorney’s failure to timely bring a will contest to protect his client’s rights, and attorney’s failure to advise his client of a conflict arising from the attorney’s joint representation of the client and his sister. The jury awarded the plaintiff damages of $500,000, consistent with Mr. Loew’s testimony concerning the attorney’s failure to comply with the duty of care and duty of loyalty.


San Mateo County Superior Court

Retained as an expert by a petitioner contesting his deceased mother’s amendment of her trust, which substantially reduced his inheritance. Mr. Loew’s expert report, and his testimony provided at mediation to the mediator and all parties detailed the failure by the decedent and her attorneys to properly exercise a power of appointment, among other issues, and led to a very favorable settlement for the client.


Santa Clara County Superior Court

Retained as an expert by plaintiffs in a malpractice action against a drafting attorney concerning a will that disinherited them, where the drafting attorney was also the sister of the will’s primary beneficiary. Mr. Loew’s deposition testimony detailed the attorney’s failure to comply with the duty of care and duty of loyalty and helped lead to a very favorable settlement for the clients shortly thereafter.


San Mateo County Superior Court

Retained as an expert by a defendant trustee accused of elder abuse, based on the trustee’s request that a tenant moves out of a house that was the trust’s primary asset. Mr. Loew’s deposition testimony concerned the duties that the trustee owed to the trust and its beneficiaries, the failure by the plaintiff to properly interpret the Elder Abuse Act, and the failure of the plaintiff to timely assert a claim concerning an alleged agreement for her to remain in the house for the rest of her life. Mr. Loew’s testimony helped lead to a very favorable settlement for the trustee.