Professional Biography

Deborah J. Phillips Of Counsel

Personal Planning

Represented co-personal representative, daughter from a first marriage, in multiple contested matters involving administration of mother's estate and disposition of assets following death of father.
Represented fiduciary to resolve claims against estate based on nonmarital relationship.
Represented surviving spouse serving as personal representative in disputes involving characterization of separate and community property and approval of settlement with two generations of family from prior marriage.
Represented children in claim against father's estate arising fro m property settlement in parents' divorce.
Represented surviving spouse in disputes over distributions under will and issues arising out of multiyear administration of estate of missing spouse.
Represented surviving spouse in dispute over insurance policies, following extended illness of decedent and complex financial challenges related to illness.
Represented adult children in administration of stepmother's estate for enforcement of mutual will contract between stepmother and father.
Successfully defended against claims of undue influence in execution of will and against claims of breaches of fiduciary duty under power of attorney.
Successfully defended will challenge by former spouse resulting in dismissal of plaintiff's lawsuits and award of attorney fees.

Represented corporate trustee in efforts to resolve family disputes, followed by representation in fiduciary's voluntary resignation and approval of attorney fees.
Represented corporate trustee in contested valuation and non-pro rata distribution of commercial property.
Represented corporate trustee in interpretation of powers of appointment, succession of trustees and multistate jurisdictional issues.
Represented individual trustee in trial and settlement resulting in successful defense of trustee in multimillion dollar challenge to estate and trust management and accounting for oil and gas assets.
Defended individual trustee on claims alleging breaches of fiduciary duty in investment management and determination of fees.
Represented trustor and beneficiary in dispute over claimed power of co-trustor to make gifts contrary to trust terms.
Represented trustee in petition for instruction regarding validity of conflicting estate planning documents.
Challenged various interrelated trust actions and applicability of no contest provision.

Represented corporate fiduciary in administration of estate requiring interpretation of will providing charitable bequest to dissolved entity and successor nonprofit.
Represented church in dispute regarding pre-death acts of agent in fact with regard to investments left in part to church.
Represented U.S. and Canadian nonprofits in disposition of assets under will with multiple ambiguities and administrative issues and with non-U.S. citizen surviving spouse.
Represented nonprofit agency pro bono to protect bequest.
Represented trustor and beneficiary in dispute over claimed power of co-trustor to make gifts contrary to trust terms.

Represented sole heir, a young adult, in disputed sale of estate's interests in business and commercial property held in LLCs and approval of settlement.
Represented personal representative who had also served as attorney in fact for decedent in disputes over actions under power of attorney prior to death and impact on estate assets and distribution, including ownership of family business.
Represented individual fiduciary with disputed issues concerning characterization of separate and community property interests in founder's stock and other company stock earned during decedent's career.

Represented family members in private arbitration to resolve trust administration issues.
Represented individuals in estate planning and domestic relations matters.

Represented individuals in action to determine status as beneficiary in intestate estates.
Represented individual fiduciary with disputed issues about characterization of property and validity of prenuptial agreement.
Represented widow in action by stepchildren regarding decedent's marital trust from first wife's estate.
Represented beneficiary in claims against personal representative for breaches of fiduciary duty.
Represented adult children in administration of stepmother's estate for enforcement of mutual will contract.
Represented estate to pursue creditor claim against beneficiary for breaches of fiduciary duty by beneficiary in administration of mother's finances using power of attorney prior to death.
Represented adult children in claims by stepmother as to lifetime gifting by decedent and other property characterization disputes.

Represented beneficiary in special needs trust to compel change of trustee related to investment choices by trustee.
Established contested guardianship and representation of guardian for disabled adult beneficiary.
Represented alleged incapacitated person resisting guardianship.

Represented clients in the negotiation of mediated agreements covering a wide variety of trust and estate disputes as well as acting as a mediator in these types of matters.

Appointed by the court as a special master to make recommendations to court on disputed issues.
Petitioned to have special master appointed to oversee sale of multimillion dollar parcel of real estate to fund judgment obtained by personal representative.