CLIENTS & LOCALE
Mr. Kelly's clients have come mostly from the California counties of San Francisco, Marin, Sonoma, Alameda, and San Mateo; but he has litigated matters throughout both Northern and Southern California.
Lien & Title Disputes: Successfully litigated and/or negotiated title and lien disputes, including having deeds declared mortgages or declared invalid; prosecuted and defended against claims of undue influence, and resolved easement disputes.
Purchase Contracts: Forced defaulting sellers to sell and defaulting buyers to buy, pay money damages, or terminate and get out of the way of the next deal.
Successive Interests: Through litigation and negotiation, terminated successive estates in real property (life estates, reversions, and remainder interests, including interests of unborn children) and cash out the parties.
Real Estate Broker Litigation: Successfully litigated or negotiated fraud and breach of duty claims in defense of real estate brokers in some instances, and against brokers in other instances.
Forced the Sale of Jointly Owned Properties in disputes between co-owners via partition actions. Also, settled accounts and recovered ouster damages where one co-owner prevented another from occupying their jointly owned property.
Settled Accounts: Successfully litigated and negotiated settlement of accounts of co-owners, partners, joint venturers, and the like concerning questions of contribution, charges for use of the property, and allowable expenses and interest for moneys advanced and reimbursements for improvements.
Defeated Retaliatory Eviction Claims: Successful litigation/negotiation representing landlords against tenants' claims of retaliatory eviction and other purported abuses (Darago).
Extensive Document Drafting: Drafted countless real estate agreements, including sales agreements, special listing agreements, commercial leases, easements, notes and trust deeds (mortgages).
Coordinated 1031 Exchanges: Successful representation and coordination to bring about tax-deferred 1031 exchanges and Starker Exchanges of real property.
Brokering: Mr. Kelly is a licensed California real estate broker and a member of the Multiple Listing Service for Marin, Sonoma, Napa, Solano, and Yolo Counties. He has helped clients buy and sell property as a broker; but, in many instances, he has relied on his legal knowledge and experience to avert deal-killing situations with practical strategizing, negotiating, and drafting of the needed letter, clause, or document.
PROBATE AND TRUST LITIGATION
Successful litigation of claims against estate administrators and executors for errors in administration and improper accounting of assets; Successful litigation to enforce the terms of trust agreements, replace trustees, amend trusts, recover trust property, evict holdover beneficiaries, etc.
Will Contests Successful litigation of will contests (both defending wills and challenging them); developed successful strategies to avoid will contests
Trusts: Drafted both revocable (living) and irrevocable trusts, and successfully represented trustees in trust administration and litigation.
Conservatorships Successful commencement and administration of conservatorships; successfully oppose establishment of conservatorships, working out alternative solutions instead; successfully opposed termination of existing conservatorships.
Litigation Represented owners, general contractors, and subcontractors, successfully litigating and negotiating such matters as: Claims for unpaid contract balance, claims for extra work, damages for defective work
Counseling and Documentation: Counseled clients about construction matters ranging from residential work to major projects. Reviewed and, as necessary, corrected or drafted construction contracts and amendments and drafted letters and other documents clarifying positions, effectively solving disputes, and nipping problems in the bud before parties were forced to rely on litigation as their only recourse.