Ben Riley is ranked by Chambers among the top ten trust and estate litigators in California. Chambers writes that Ben and his teams are “extremely knowledgeable, thoughtful, detail-oriented, and practical in their approach to trust and estate disputes. They operate with the utmost integrity, and are unflappable, a trait which serves well in trial. Their quiet efficiency is very powerful.”
We have also brought or defended matters on behalf of charities and educational institutions, winning verdicts and settlements by which charities received more than $20 million.
Relevant Trust and Estate Articles – by Benjamin K. Riley
Saving the Japanese YWCA Building
Ben Riley published an article in the November 15, 2019 issue of the Daily Journal about Saving the Japanese YWCA building – a pro bono case in which he led a team that preserved an historic building for the Japanese-American community of San Francisco based on a charitable trust established in the 1920s.
Representative Cases
Avenali and Other Trust Cases
(Various California Courts). We currently represent several families and trustees against claims of undue influence and lack of testamentary capacity, with tens of millions of dollars at issue in each case. Summary judgment is pending in the Avenali case, with an alternative trial expected in 2024 or early 2025.
Francesca Naify Trust
(San Francisco). Represented the co-trustees in five-week trial concerning alleged underfunding of community property by the late Robert Naify at the time of his wife’s death. Petitioner sought $680 million of damages relating to alleged community stock, real property, retirement accounts, and other assets under Probate Code section 850. In February 2023, the court entered its Statement of Decision and Judgment in favor of our clients, rejecting all claims. Petitioner agreed not to appeal. See the Judgment and Daily Journal Top Verdict Award here. https://bartkolaw.com/news-item/bartko-wins-top-defense-verdict/.
Robert A. Naify Trust
(San Francisco). Represented the co-trustees in three-week trial concerning alleged oral promises of inheritance by Robert Naify to his step-daughter. Petitioner sought approximately $250 million, alleging that she was entitled to be treated as a biological daughter under the trust and should receive decedent’s golf course in Spain. In its June 2021 Statement of Decision, the Court rejected all of petitioner’s claims, and later entered Judgment for the co-trustees. Appeal filed then subsequently dismissed. This trial victory earned the Bartko team a California Lawyers of the Year Award: https://bartkolaw.com/wp-content/uploads/2022/04/Billionaires-Trust-Defeats-Oral-Promise-2022-Clay-Awards-Daily-Journal-March-2022.pdf
Donald A. Carlson Trust
(San Mateo). Represented charity in a dispute involving a trust with $13.5 million in assets. The Trust provided that “an amount equal to the settlor’s available federal estate tax exemption” shall be distributed to family members with the remainder to three charities. Trustor died in October 2010 when there was no federal estate tax, but Congress enacted a $5 million exemption in December 2010 as to which the trustee/executor could file an election not to pay tax. Family argued that under these facts Trustor would have intended that all assets be distributed to them. Trial court held that there was no ambiguity in the Trust and that the family members should receive the $5 million exemption amount, with the remaining $8.5 million to be distributed to the charities. Resolved during appeal.
In Re Alldaffer Family Trust
(San Mateo). Successfully represented a beneficiary of a family trust in connection with a petition filed by another beneficiary that sought to cancel our client’s life estate in and immediately liquidate the real property owned by the Trust. The petition was dismissed.
Anonymous Family Trust
(Marin). Negotiated and resolved a dispute between a trustee and beneficiary of a family trust, prior to litigation, that required the trust to make regular distributions to a beneficiary for a period of years.
Conservatorships of Eilers and Proctor
(Marin and Kern). Obtained settlements totaling $2.1 million for charities. Children of donors had petitioned to be appointed Conservator and then to obtain court approval of new wills and trusts under the Substituted Judgment statute, thereby substantially increasing the gifts to the family and decreasing or eliminating the gifts to charities. Case settled with the bulk of the assets passing to the charities.
Estate of Evelyn R. Press
(San Francisco). Obtained $3 million for University of San Francisco two days prior to trial in will contest challenging a will in favor of cousin on grounds of undue influence and lack of testamentary capacity.
Estate of Naomie King
(Contra Costa). Represented University of California and three other charities in two-day court trial involving claims of a fraudulently destroyed will. Won trial and appeal, and obtained $2.5 million in real property for clients from the sale of a private island in the San Joaquin Delta.