Law Office Of Michael Kelly

Over the past 30 years, Mr. Kelly has engaged in successful, efficient litigation of disputes involving real estate, trusts, probate matters, conservatorships, and will contests. See Website: MICHAELFKELLY.COM

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Firm Overview

WEBSITE: MICHAELFKELLY.COM

HIS WORK

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

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.
Main Office

Main
27 Southview Terrace
San Anselmo  CA  94960

Phone
  • (415) 453-8640

Fees

Free Initial Consultation?

Sometimes

Services Offered For Fixed Fees?

Basic trust and will drafting and sometimes real estate sale documents

Hourly Rates

Fees vary, but generally $200 per hour

Office Information

Office Hours

Generally 9 - 6, but flexible to accomodate client

Emergency After Hours

Yes

Languages Spoken

English

Real Estate
Resolves disputes through litigation or negotiation arising from trust and probate matters, and real estate title, co-ownership, partnership and accounting problems
Mr. Kelly's specific work in a number of cases consisted of:

Real Estate:

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.

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.

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.

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.

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 and Starker Exchanges of real property.
Probate
Resolve disputes over trust and probate issues through litigation and negotiation
SAMPLE 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.

Michael F. Kelly

License
  • Bar Number: 57473
    California

* Nolo has confirmed that every member attorney has a valid license and is in good standing with the state agency that licenses lawyers. Any past disbarments and suspensions (with possible exceptions for minor violations or nonpayment of dues, in our discretion) will be indicated accordingly in the badge. Member attorneys are required to notify Nolo immediately if they become the subject of any disciplinary action by any state licensing agency.

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