Appellate work should be record-driven, issue-focused, and honest about the standard of review.
Trust and probate appeals are often won or lost long before the notice of appeal is filed. The record, the governing instrument, the probate court’s findings, the applicable standard of review, and the preservation of issues all matter. The firm’s appellate and published-decision work reflects that kind of document-centered and record-centered practice.
In re Mellem / Mellem v. Mellem
In re Mellem, 625 B.R. 172 (B.A.P. 9th Cir. 2021), aff’d, No. 21-60020, 2021 WL 5542226 (9th Cir. Nov. 26, 2021).
The matter arose from a trust/probate dispute concerning whether a bankruptcy discharge injunction prevented a settlor/testator from treating lifetime transfers as advancements on inheritance. Edward W. Goldkuhl represented Carl J. Mellem, successor trustee, in probate court and related proceedings.
Gibson v. Sacramento County Public Administrator
Gibson v. Sacramento County Public Administrator, Court of Appeal, Third Appellate District No. C095197 (Nov. 15, 2022), Sacramento County Superior Court No. 34-2021-00294152-PR-TR-FRC.
The Court of Appeal affirmed the probate court’s order concerning distribution of the trust’s interest in Sacramento-house sale proceeds to the settlor’s heirs under Probate Code section 21111. Edward W. Goldkuhl represented Daniel E. Gibson, successor trustee/plaintiff-respondent.
Williams v. National Western Life Insurance Company
Williams v. National Western Life Insurance Company, 75 Cal.App.5th 1079, 291 Cal.Rptr.3d 133 (2022), certified for partial publication.
This financial elder abuse/annuity matter involved published appellate issues and expert/declarant work. Edward W. Goldkuhl served as an expert/declarant regarding financial elder abuse expert-witness experience and attorney-fee/rate issues.