For over 30 years, Mr. Kelly has engaged in successful, efficient litigation of disputes involving real estate, trust, probate, will contests, and conservatorships. Equally important, he has helped innumerable clients avoid law suits entirely with practical document drafting and effective strategizing and negotiation.
His work has focused on the following areas:
REAL ESTATE: Resolving problems with contracts, sales, leases, lease options, easements, and similar documents. Negotiating and litigating disputes over title, co-ownership rights, accounting matters, and landlord-tenant issues.
PROBATE and TRUST DISPUTES: Resolving disputes involving heirs, executors, administrators, trustees, and beneficiaries, including litigation and negotiation. Prosecuting will contests and defending against them. Administering Estates, Trusts, and Conservatorships.
Drafting Wills, Trusts, and related documentation.
His passion is to use his training, experience, common sense, and determination to solve clients' problems, whether through negotiation or litigation and doing so while being efficiently affordable so as to ensure his clients receive the most service for the money spent.
CLIENTS & LOCALE
Mr. Kelly's clients have come mostly from the California counties of San Francisco, Marin, Sonoma, Alameda, San Mateo, and Contra Costa, but he has litigated matters throughout both Northern and Southern California.
PROBATE AND TRUST CASES:
Successfully litigated to enforce the terms of trust agreements, replace trustees, amend trusts, recover trust property, evict holdover beneficiaries, etc. Successfully pursued claims against estate administrators and executors for errors in administration and improper accounting of assets.
Will Contests: Successful litigation of will contests (both defending wills and challenging them); developed successful strategies to avoid will contests.
Conservatorships Successful commencement and administration of conservatorships; successfully oppose establishment of conservatorships, working out alternative solutions instead; successfully opposed termination of existing conservatorships.
REAL ESTATE CASES:
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) with a cash out the parties.
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.
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.