Specializing in
Estate and Trust Planning,
Administration and Litigation
since 1981
Welcome
Mr. Desmarais is a California Board of Legal Specialization of the State Bar of California Certified Specialist in Probate, Estate Planning, and Trust Law since 1981. He is a past president of the Silicon Valley Bar Association, a past commissioner of the State Bar of California, Board of Legal Specialization, Estate Planning, Trust, Probate Advisory Commission, a past member and advisor, and a past chairman of the Litigation Subcommittee, of the State Bar of California Executive Committee, Estate Planning, Trust and Probate Law Section, and the author of the “Litigation Tools” chapter of the California Trust & Probate Litigation (CEB 2011).
Mr. Desmarais is a recognized expert in all aspects of estate litigation including will contests, constructive trust actions, accounting and fiduciary litigation, and financial elder abuse litigation. He has tried multiple cases involving the financial abuse of elder adults in which he has recovered millions of dollars for the victims. He has also testified as an expert witness in both civil and criminal cases involving the financial abuse of elder adults, including the 1992 criminal case involving Elizabeth Dolani in which he was engaged by the San Francisco District Attorney’s office.
Mr. Desmarais is rated "AV" by the Martindale-Hubbell Law Directory, the highest rating of skill and ethics an attorney can obtain.
Our Services
01.
Estate Planning
Michael G. Desmarais provides his clients with comprehensive services when planning their estates. He presents the various options available to them for devising their estate, advises them of the current laws that may impact their estate, and finally explains to them what happens to their estate after they die.
02.
Estate Trust & Administration
Michael G. Desmarais provides his clients with comprehensive assistance in all aspects of probate, estate and trust administration in an effort to facilitate the process as quickly as possible after someone dies. Mr. Desmarais represents trustees, fiduciaries, and beneficiaries.
03.
Estate Trust & Litigation
Michael G. Desmarais has over 30 years of experience as an estate and trust litigator. He has tried multiple estate and trust proceedings, including will contests, constructive trust actions, breach of fiduciary duty claims, and financial elder abuse actions. He has tried cases in Santa Clara County and the other counties of the Bay Area and has recovered millions of dollars. He has also testified as an expert witness in both civil and criminal cases involving estates, trusts, and the financial abuse of elder adults.
04.
Mediator
Michael G. Desmarais has served as a mediator throughout most of his career. His ability to get to the heart of the matter and bring the parties together to accomplish a mutually beneficial outcome is well known.
05.
Probate Neutral
Michael G. Desmarais has served as a probate neutral for the Santa Clara County Superior Court since its inception in 2014. Parties may stipulate to have a probate-neutral conduct an early settlement conference in an effort to settle their case.
Mr. Desmarais’ experience as a probate litigator and judge pro tem gives him invaluable insight into helping parties settle their differences.
06.
Judge Pro Tem
Michael G. Desmarais has served as a Judge Pro Tem since 2006, mostly in probate, for the Santa Clara County Superior Court. When a case is set for trial, the court routinely schedules a settlement conference the week before with a “judge pro tem” presiding in an effort to settle the case.
Mr. Desmarais is one of the most experienced pro tem judges in Santa Clara County. His expertise and ability to settle even the most difficult of cases makes him a popular choice.