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.