Certified Legal Specialty
Estate Planning, Trust and Probate Law (State Bar of California, Board of Legal Specialization)
Noteworthy
Partner, Brown White & Osborn LLP (2010-present); Attorney, Hartnell, Lister & Moore, APC (2003-2010); Teacher, Central School District, Rancho Cucamonga, California (1995-2003); Director of Study Abroad, The Claremont Colleges – Scripps College (1986-1995); National Academic Director, The School for International Training/The Experiment in International Living (Consultant, UNESCO), Denmark (1980-1985).
Education
Southwestern University School of Law, Los Angeles (J.D., 2000); The Claremont Graduate School, Claremont, California (A.B.D., International Relations & Economics, 1982); Lewis and Clark College (B.A., International Affairs, 1978).
Professional Associations
American Bar Association; State Bar of California Conference of Bar Associations (Chair of Conference, 2015-2016, Board Regional Director, 2009-present, San Bernardino County Delegation Chair, 2006-2009; Resolutions Committee, 2017-present); San Bernardino County Bar Association, (Board Director, 2010-2014, President, 2014-2015), Co-Chair, Probate Section (2007-2016), Bench/Bar Committee (2009-present), Conservator Training Co-Chair (2009-present); Riverside County Bar Association; Western San Bernardino County Bar Association; Los Angeles County Bar Association; Probate Attorneys of San Diego; Joseph B. Campbell American Inn of Court Board Member (2008-present), President, (2015-2016), Inn Historian, and former Secretary.
Bar Admissions
California (2004); United States District Court, Central District of California.
Community Affiliations
Upland Region 32 American Youth Soccer Organization (AYSO), Member of Board (2005-present), Director of Special Programs including U29 league. Anza Borrego Foundation Century Club.
Sampling of Mr. Osborn’s representative cases and accomplishments:
Probate Estates and Trust Administration
- Represent banks, financial institutions, and professionals in the administration of special needs trusts, conservatorships, and probate estates.
- Represented administrator of intestate probate estate involving more than 50 beneficiaries located throughout the United States.
- Represented administrator in probate estate where note handwritten in family Bible was deemed a Will of the decedent.
- Represented an out of state bank as a creditor in probate proceeding where main assets of estate were shares in corporation which were the subject of California bankruptcy proceeding.
- Represented successor trustee in recovering assets that were outside of the United States in foreign held corporations.
- Represented an administrator in a probate estate in locating more than $3 million in missing assets held in various names going back three generations.
- Represented numerous administrators in probate estates involving the wrap-up and sale of professional practices and large business enterprises.
- Represented administrator of intestate probate estate involving high-profile construction business that was the subject of bankruptcy proceedings. Case also involved a guardianship of dependent minors.
- Represented co-trustees in administering a trust with properties in three countries and assets in excess of $75 million.
Estate Planning
- Represented numerous clients with complex estate planning issues including: Limited Liability Corporations (LLC); Family Limited Partnerships (FLP); Charitable Remainder Trusts (CRT); and Qualified Personal Residence Trusts (QPRT).
- Frequently draft Special Needs Trusts to protect the estates of the disabled.
- Redrafted annually sub-trusts to accommodate gifting and re-allocation of stock in various offshore companies.
- Advise numerous family owned businesses and professional partnerships on the creation of estate plans that involve business succession planning.
- Represented Trustors in a multi-million dollar transfer of wealth over a 10 year period.
- Represent non-US citizens on creation of US estate plans reflective of religious and cultural values.
- Represent families creating multi-national estate plans reflecting interests and properties in multiple countries.
Conservatorships and Conservatorship Litigation
- Frequently represent family members seeking conservatorships for loved ones incapacitated by dementia, brain injuries, or other age-related illnesses.
- Frequently represent family members seeking limited conservatorships for loved ones that are developmentally disabled.
- Represented elderly woman in conservatorship action where family members attempted to impose conservatorship in order to gain control of her estate.
- Represented an incapacitated conservatee in litigation seeking recovery of her interest in a multimillion dollar dairy farm.
- Represented a conservatee who faced theft by her children who created fraudulent estate plan and religious charity.
- Frequently represent conservators seeking remedies through the court for financial elder abuse committed against the conservatee.
- Represented many proposed conservatees to ensure that their rights are protected in conservatorship proceedings.
- Frequently represent the elderly in capacity hearings, such as in conservatorship proceedings.
Guardianships
- Have represented the interests and wishes of hundreds of minors in guardianship proceedings.
- Represented grandparents and other family members in guardianship proceedings.
- Successfully represented a minor in appointing a guardian of the person and creating a multi-million dollar special needs trust to provide for the care of the minor.
- Frequently appointed by the Courts as Guardian ad Litem representing the interests of minors with estates.
- Frequently represent minors to ensure their protection in the face of allegations of physical abuse.
Probate and Trust Litigation
- Successfully prosecuted unscrupulous financial planner and real estate investor who convinced several elderly homeowners to transfer title to their home in exchange for financial planning.
- Represented beneficiaries of a multi-million dollar trust against an incompetent trustee resulting in a substantial monetary settlement and reimbursement of attorneys’ fees incurred.
- Represented successor trustee and beneficiary in prosecuting former Trustee for self-dealing and mismanagement of complex multi-million dollar real estate development.
- Successfully defended beneficiaries of estate against wrongful death action
Rights of Parents
- Successfully represented a father in a custody battle that resulted in obtaining a heart transplant for a new born baby.
- Represented numerous parents in guardianship proceedings to ensure that parental rights are protected.
- Represented many minor parents in guardianship proceedings to protect their rights as parents including visitation.
Mental Health Conservatorships
- Frequently represent family members seeking mental health conservatorships for loved ones, and represent individuals facing mental health issues.
- Frequently court appointed to represent persons accused of being disabled by mental health issues.
- Frequent witness at hearings before the California Legislature on issues related to probate, conservatorships and mental health law.
- Authored Conference of California Bar Associations resolution that became law which amended the California Welfare & Institutions Code to allow a Probate Court to refer a conservatee allegedly gravely disabled as a result of mental illness for an LPS evaluation.