Estate Litigation is a complex and unique area of law.  Due to bad actors, poorly written estate plans and incompetent administrators, people often need help when seeking justice from the judicial system.  A skilled legal advocate is the critical component to achieving an appropriate litigation result.  To be effective an estate litigator needs to understand:

  • General litigation procedures;
  • Tax consequences of estate litigation decisions; the unique rules and laws of probate courts; 
  • Required Trustee administrative conduct including the Prudent Investor Rule; and
  • Trustee, beneficiary and heir remedies for alleged litigation party and third person misconduct.

James O'Brien effectively tackles these critical, complicated and often intense areas of estate litigation.  He has experience in estate planning, probate administration and over 20 years litigation experience.  He also has a post law school LLM in taxation and thus can address to clients and opposing parties, in a comprehensive and straightforward fashion, the tax consequences of proposed litigation settlements.

Mr. O'Brien has expertise in litigating estate issues including:

  • Trustee Accounting
  • Trustee Mismanagement and/or Incompetence
  • Health Care Directives
  • Powers of Attorney
  • Deeds
  • Community Property
  • IRA's
  • Life Insurance Policies

Jim's background and experience allows him to fight aggressively for clients in a creative and effective way, resulting in exceptional results in their cases.

For a free consultation, contact Jim at:

Phone  415.954.7131
Mobile  415.513.7942
Fax       415.523.9420


Use of this web site, including any phone, fax or email contact, does not constitute an attorney-client relationship between James J. O'Brien and the user.   Although information on this site relates to legal topics, it is not legal advice or a substitute for retaining your own counsel to provide advice on these topics.

LAW OFFICE OF JAMES J. O'BRIEN                                    (415) 954-7131