Daniel I. Spector, Esq.

Family Law Issues

• Mediated a case successfully resolving a dispute between spouses over the valuation and control of an LLC holding an operational business, personally guaranteed debts and liabilities, goodwill, equipment, and provisions for non-competition.
• Mediated a case successfully resolving a marital settlement agreement involving division of various assets—including dogs, cats, and horses—as well as differing claims regarding support obligations.
• Mediated a case successfully resolving a dispute between spouses over the characterization of a business and related accounts established prior to marriage, where both served as officers, directors, and employees, complicated by the existence of a prenuptial agreement and a disputed transmutation agreement.

Estates/Trusts

• Mediated a case successfully resolving claims by former beneficiaries—children of a first marriage—who were disinherited through a late trust amendment favoring the second spouse. Petitioners alleged undue influence and diminished capacity, while the second spouse relied on medical records and the estate planner’s testimony that, though physically compromised, the decedent remained cognitively intact.
• Mediated a case successfully resolving a dispute between different classes of beneficiaries over the interpretation of trust language concerning the gift of an LLC interest, including whether an ambiguity existed and what extrinsic evidence should control the instrument’s interpretation.
• Mediated a case that successfully resolved claims by beneficiaries against a successor trustee seeking suspension, removal, and surcharge for alleged waste, conversion, and breaches of the Prudent Investor Act, notwithstanding the presence of a broad exculpatory clause in the trust instrument.
• Mediated a case resolving heirs’ claims that the administrator’s decisions—such as hiring counsel, declining to pay certain expenses, and withholding preliminary distributions—constituted a breach of duty and grounds for surcharge.
• Mediated a case successfully resolving heirs’ claims that a neighbor wrongfully converted funds by being added as a joint signatory on multiple accounts while the decedent was allegedly cognitively impaired. Evidence showed the decedent lived independently and maintained a long, meaningful friendship with the neighbor, while her relationships with her children were more complicated.
• Mediated a case involving a trust dispute between the current trustee and the successor-in-interest to a deceased prior trustee, addressing claims of breach of duty and conversion complicated by valuation issues.
• Mediated a case involving two sets of petitioners pursuing distinct challenges to an estate plan against the same primary beneficiary, successfully resolving both sets of claims in a single mediation.
• Mediated a case involving allegations of financial elder abuse within a conservatorship and competing claims by contingent beneficiaries over estate planning documents, successfully resolving all claims, establishing a care fund for the conservatee, and streamlining the dispute resolution process moving forward.
• Mediated a case involving a trust funding and undue influence dispute between omitted heirs and their sibling beneficiary.
• Mediated a case involving a trust dispute between a trustee/beneficiary and beneficiary half-siblings over an agricultural business, real property, and tangible personal property.
• Mediated a case involving a dispute among siblings—trustee versus beneficiary—over proper trust allocation and valuation.
• Mediated a case involving a dispute between beneficiary classes over the validity of a trust amendment and the distribution of assets.
• Mediated a case involving allegations of financial elder abuse by a caregiver, with disputes over the validity of a certificate of independent review and the trust itself.
• Mediated a trust and estate dispute over the ownersihp of oil and gas interests.
• Mediated a case involving extremely entrenched adult siblings fighting over the division of trust assets. Acting as their third mediator, we were able to reach a resolution.
• Mediated a case where the resolution of trust was contested between omitted child and long-time friend.
• Mediated a dispute between the surviving spouse (second wife) and the adult children of the first marriage over the characterization and valuation of assets.
• Mediated a case incolving a contested conservatorship between siblings. They settled through agreement regarding control, budget, dispute resolution and expenditure control mechanisms, information sharing.
• Mediated a case involving a trust beneficiary who recevied excess distributions of principal in violation of the trustee's invasionary powers, and agreed to receive a lesser remainder distribution.
• Mediated a case among sibling beneficiaries and the trustee over different versions of the trust instrument, different dispositive plans, and control provisions.
• Mediated a case involving three generations of thirty-seven interested persons and parties connected in a trust and estate dispute, which was resolved in two days.
• Mediated a trust contest based on undue influence.

Probate

• Mediated a case involving adult siblings disputing the division of their family trust estate.
• Mediated a case between siblings disputing the validity of a trust restatement, with claims of undue influence, financial elder abuse, mistake, threats, and competing heirloom claims.
• Mediated a case between a trustee/income beneficiary (uncle) and remainder beneficiaries (nephews), which settled claims under Prob. Code §§ 850, 859, breach of fiduciary duty, and conversion.
• Mediated a case among heirs disputing the validity of a death beneficiary designation.
• Mediated a case between brothers/beneficiaries disputing alleged fiduciary breaches in the administration of a trust.
• Mediated a case successfully over two days involving a complex contested conservatorship between the conservatee, adult children, and second spouse, addressing care, control, income, and asset disposition upon death.
• Mediated a dispute among adult siblings over the disposition of trust assets during administration.
• Mediated a dispute between sibling beneficiaries/heirs and brother trustee/executor over fees, real property valuation and distribution, off-sets, plan for completion of administration.
• Mediated a case involving siblings warring over the trust administration and subtrust control.
• Mediated a dispute between a spouse with rights under spousal property petition order and a specific beneficiary of a trust under the Heggstad petition.
• Mediated a case where eight siblings including a trustee fighting over the administration of a trust estate, surcharges, and accounting objections.
• Mediated a trust contest of a death bed trust instrument by a distant heir.
• Mediated a case involving the buy out of a sibling's trust interest with credits for caregiving, rent, taxes, and the handling of a potential eminent domain claim.
• Mediated a dispute among adult beneficiaries and co-trustees over the disposition of a commercial property held in trust, the disputed inheritance and rights to income, and the recognition of the deceased parent.
• Mediated a special needs trust dispute between siblings over administration, accounting, and the removal of a trustee. The settlement contemplates the new trustee, equalizing payments, a plan for future administration and the modificaiton of the trust with a waiver of all claims.
• Mediated a case involving a financial elder abuse and will contest between a distant relative and intestate heirs.
• Mediated a multi-sided dispute between beneficiaries, co-trustees, a former trustee and a trustee's counsel over the adminstration and control of a trust and a charitable foundation.
• Mediated a dispute between the surviving spouse and the remaining beneficiary adult children of a prior marriage.
• Mediated a dispute between the beneficiary daughter and the trustee step-father in a bypass trust over allegations of theft, conversion and breach of duty.
• Mediated a case involving a dispute among heirs over the validity of a holographic codicil.

Accounting

• Mediated a case that settled an accounting malpractice claim against a CPA and his firm for advising against filing an amended return to cover their own mistake, which led to an audit costing the estate additional taxes, penalties, and interest.

Legal

• Mediated a case that settled a legal malpractice claim against the drafting attorney brought by the intended beneficiary under a failed Power of Appointment.

Buy/Sell

• Mediated a case successfully between siblings over the threatened partition of a jointly owned parcel, where one sibling resided, including disputes over valuation and sale process.
• Mediated a case successfully among family members over the division and sale of 500 acres of farming and residential land, involving competing appraisals, a conditional governmental variance, and the Williamson Act.
• Mediated a case that resolved a dispute over various non–fee title interests claimed by a long-time user and occupier of ranch land.
• Mediated a case involving financial elder abuse, real property, and trust disputes among six parties.

Real Property

• Mediated a case successfully resolving ownership and control disputes over a long-held operating ranch among cousins, aunts, and uncles, involving valuation, multiple LLCs, and the Williamson Act.
• Mediated a case successfully between Buyer and Seller over a disputed disclosure of a material defect.
• Mediated a case successfully between adjacent owners over the history, nature, and implementation of boundary lines.
• Mediated a case successfully involving multiple parties claiming ownership of the same parcel of property.

Elder Abuse

• Mediated a case successfully between the conservator/administrator of a decedent’s estate and a skilled nursing facility (and its insurer) over personal injury claims arising from alleged gross negligence.
• Mediated a case successfully involving nursing home neglect brought by a conservator/successor trustee.
• Mediated a case that settled a financial elder abuse claim against a former fiduciary.
• Mediated a case involving claims of financial elder abuse relating to pay-on-death designations and a contested trust amendment.

Personal Injury

• Mediated a case that settled personal injury claims by an elder and a family member arising from a trip-and-fall caused by a dangerous condition.

Wrongful Death

• Mediated a case that resolved claims by the decedent’s children from a first marriage against the second wife, alleging she facilitated a lethal morphine overdose shortly after placement in palliative care.