Hon. Marshall Whitley (Ret.)

• At issue is the appropriate valuation for taxing plaintiff's machinery and equipment.
• Plaintiff claims defendant failed to properly report the tax deferred IRC section 1042 ESOP stock exchange thereby making the transactions subject to tax.

• Plaintiff provided construction services pursuant to his understanding and was not paid in full according to his claim. Defendant disputes the amount charged and whether work was completed.
• Representatives of deceased partner and conserved partner disputed allocation of real property net sales proceeds.
• Plaintiff's boat was stolen from the defendant's storage facility and questions arose regarding insurance and liability.
• Settled a case involving the purchase of a business with extenuating circumstances and full performance issues. The case was settled for a six-figure sum.
• Settled a dispute regarding validity of power of attorney, contract, and assignment.

• Dispute over value of loss.

view all

• Plaintiff provided construction services pursuant to his understanding and was not paid in full according to his claim. Defendant disputes the amount charged and whether work was completed.

• As the presiding judge for all probate matters in Alameda County for 5 years, Judge Whitley handled all of the minor’s compromises and division of settlement proceeds between the minor and the parent/guardian (estimate a little under a thousand). For 7 years, Judge Whitley was assigned to a civil direct calendar department where he managed 500-600 civil cases each year from beginning to end, with many of these cases including issues related to division of settlement proceeds.

• Settled a mediation where the plaintiffs allege wrongful termination and violation of laws and their attorney’s fees were covered as well as they were reinstated to their membership.
• Employee termination with breach of employment agreement claim; fraud; negligent supervision; and age discrimination

• Claim that tenant on commercial lease has failed to pay comply with terms of 5-year lease agreement.

• As the presiding judge for all probate matters in Alameda County for 5 years, Judge Whitley handled all of the minor’s compromises and division of settlement proceeds between the minor and the parent/guardian (estimate ~900).

• New conservators of person and estate and trustee for trust and trust amendment pursuant to PC 2580
• Dispute among beneficiaries and trustees regarding interpretation and validity of certain trust provisions.
• Validity of several trust amendments and purported life estate to a beneficiary and trust mismanagement claims.
• Trustee and Beneficiary of By-Pass Trust claims that there was a misallocation of the assets from the Family Trust to the By-Pass and Survivor's trusts, resulting in the By-Pass trust being underfunded.
• Co-trustees seek to remove each other. One of the co-trustee’s accounting is the subject of an objection from the other. Claim of approximately $1 million of missing personal property assets.

• Beneficiaries challenge trustee's administration and distribution.
• Issues related to the proper administration of the Trust and the Statute of Limitations for Creditor's Claims.
• Two beneficiaries where one is Trustee and objects to the accountings and buy-out of one beneficiary's interest in one of the Trust real properties.
• Claims of breach of trust by fiduciary and appropriate allocations of assets among sub trusts.
• Sale of auto with dispute as to ensuing damage and repairs.
• Settled a dispute over ownership of sums remaining in a Transfer on Death Investment account after the death of the original owner.
• Elder care and estate planning for couple that experience significant mental capacity and medical issues who have adult children from previous marriages who are adversaries in conservatorship and financial elder abuse litigation.
• Settled a six figure elder abuse matter where the disinterested son accused his sister of unduly influencing their mother who was in a weakened mental state to remove her son from the estate in her will.
• Petition to set aside estate and trust real property sale to fiduciary.
• Division of estate real property into an estate for 10 years to surviving spouse and remainder to grandchildren.
• Siblings dispute validity of Trust amendment and trustee's administrative decisions.
• Two of three beneficiaries disputed Trust management and clam losses in the amount of their beneficial interest by the other beneficiary who was the Trustee.
• Issues raised as to the acts of the former trustee and whether the trust was damaged thereby.
• Estate creditor's claim litigation dispute in which decedent's live-in lady friend claimed to be entitled to certain assets of the estate based on enforceable oral promises/agreements between her and decedent, and alternatively as a surviving spouse based on a religiously sanctioned "spiritual marriage" relationship.
• Decedent had long relationships with several people who worked in his businesses and with whom he had communal family relationships. Many promises were made but not reduced to a writing or a testamentary instrument before he unexpectedly died in a storm while out at sea.
• Family members dispute intentions of the settlors of the trust and the management of it by the successor trustee.
• Issues relating to the Trust's administration over 8-year period
• Trustee and Beneficiary of By-pass Trust claims that there was a mis-allocation of the assets from the Family trust to the By-Pass and Survivor's trusts resulting in the By-Pass trust being underfunded.
• Handled case involving influence claims as to trust and IRA beneficiary designations.
• Beneficiary complained that trustee breached fiduciary duties and failed to make appropriate distribution.
• Surviving settlor of trust failed to properly fund sub-trusts and avoid commingling of assets. Assets were reallocated by beneficiaries.
• Named first successor trustee resigns and private professional fiduciary designated as sole trustee of trust.
• Dispute as to interpretation of Trust amendment regarding beneficiary shares.
• Handled a case involving division of a trust estate among four beneficiaries. The case involved alleged financial elder abuse and undue influence, inheritance advancements, and alleged enforceable contract to convey real property at death.
• Settled a trust matter that delt with financial elder abuse, breach of trust, quiet title, and trust modifications.
• Challenge to validity of several trust amendments based on undue influence, financial elder abuse, and wrongful taking.
• Settled a high six figure matter regarding the buy-out of two beneficiaries of other beneficiary's interest in the trust and filling vacancy in trustee position.
• Petition to invalidate trust based on claims of undue influence, lack of capacity, elder abuse, removal of trustee.
• Family challenges trust amendment as being due to undue influence, lack of capacity, and elder abuse.
• The issues related to the proper administration of the Trust and the Statute of Limitations for Creditor's Claims.
• Adult children of surviving Trustor granted control of parents' financial and personal matters.
• Handled case involving a dispute over whether or not a transfer of a six-figure sum from the settlor's trust to the settlor's daughter was a gift or a wrongful taking.
• Handled a case involving a dispute between siblings over their deceased mother's estate assets.
• Two beneficiaries where one is Trustee and objections to the accountings and buy-out of one beneficiary's interest in one of the Trust real properties.
• Claims of breach of trust by fiduciary and appropriate allocations of assets among sub trusts.

view all

• Dispute as to whether the parties had an agreement for both to own the real property that was purchased, even though the title was taken in only one party's name and whether an altercation between them leading to injury was more the fault of one than the other.
• Settled a case involving a buy-out of one beneficiary's interest in real property by another beneficiary.
• Family Dissolution Judgment determined property rights of divorcing spouses. Subsequently, one spouse died and the trustee of the deceased ex-spouse's trust sued the surviving ex-spouse disputing the property division set forth in the Dissolution Judgment.