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Equitable Reformation of a Trust

An exceptional trust and estate expert witness should do much more than only offer an opinion at trial – they should help you succeed by developing unique solutions for all types of challenges. In cases involving specialized standard of care, expert testimony is required to sustain the plaintiff’s burden of proof, and failure to timely retain and prepare a qualified expert could lose you the case before it even begins. In standard of care cases especially, hiring the right expert will win you half the battle.

The effectiveness of an expert witness depends largely on two things. Whether the expert is
  1. Preeminent in his or her field
  2. The recognized authority in the area of testimony

In the area of trust and estate planning, having an expert whose authority has been recognized by the Court will carry great weight in winning a case.

Tucker Cheadle is an attorney, licensed trustee, and tax expert who has been qualified to testify as an expert witness in the areas of income taxes for estates, trusts and beneficiaries, trust accountings, standard of care for drafting trust and estate documents, and reasonableness of attorney’s fees and trustee’s fees. He has served as an expert witness in cases filed in Los Angeles County, Orange County, the surrounding counties of Riverside, San Bernardino, San Diego, Santa Maria, and Reno and Cleveland.

Tucker Cheadle’s authority in the field of trust and estate planning has been recognized by the California courts. For example, in a recently published February 2020 California Court of Appeal decision, Gary Forrest Wilkin v. William Nelson, the Court of Appeal referred to, and adopted, Tucker Cheadle’s opinions as an expert on the attorney standard of care in drafting estate planning documents.

The Court of Appeal adopted Tucker Cheadle’s trust and estate planning expert opinion as to
  1. Equitable reformation or modification of a trust on the standard of care in drafting estate planning documents
    The Court implemented Tucker Cheadle’s expert opinion that if the trustor of the specific trust at issue wanted her community property assets to be transferred into the trust, the trust should have been amended to permit the transfer of the community property assets.
  2. The intent of the trustor
    The Court implemented Tucker Cheadle’s expert opinion that the purpose of having a trust is to bypass probate, so if the trustor wanted the property to be passed by a non-probate mechanism, the trustor would not depend on the probate of a will to transfer the property.
Tucker Cheadle has the expert knowledge and experience to advise trustees, beneficiaries, administrators of trusts and estates, and drafters of estate planning documents on virtually all aspects of trusts and estates.

Call Tucker Cheadle at 949-553-1066 to discuss your trust or estate planning expert witness needs.

C. Tucker Cheadle Law has been designated as an Expert Witness 40+ times throughout California in these counties: Orange, Los Angeles, San Bernardino, Riverside, San Diego, San Francisco, Marin, Santa Clara, Santa Maria, Stanislas, Yolo, Redding, Napa, San Jose, Santa Barbara, Tucker, San Luis Obispo, and Amador.

In addition, C. Tucker Cheadle Law has been designnated as an Expert Witness in states outside of California including Michigan and Washington, and is available in all 50 states. Contact us today at 949.553.1066 to discuss Trust and Estate Planning Expert Witness needs.

A review of any materials on this web page, any preliminary comments or an introductory meeting does not constitute legal, income tax or accounting advice upon which reliance can be placed. The attorney client relationship can only be created by a written retainer agreement following a check of potential and actual conflicts of interest with other clients.
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Tucker Cheadle Trust Administrator

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