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Lectures

  • CEB “Ethics & Malpractice Issues: Protection Tips for Estate and Trusts Attorneys” (February, 2019)

  • Monterey Trust Management & CPE Forum of the Central Coast “Year in Review - Tax & Law Update” (January 2019)

  • San Mateo County Bar Association “Trump Updated It All - What Can We Say” (January 2019)

  • Bar Association of San Francisco “Recent Developments in Estate Planning and Administration” (January 2019)

 

  • Santa Cruz County Bar Association Estate Planning Section “The Year in Review” (December 2018)

  • Silicon Valley Bar Association “Trump Updated It All - What Can We Say” (December 2018)

  • Silicon Valley Bar Association “Caring for the Person” (September 2018)

  • Silicon Valley Bar Association “Attorney’s Fees” (February 2018)

  • Silicon Valley Bar Association “First Thing - Stop the Bleeding” Provisional Remedies in Probate (February 2018)

  • San Mateo County Bar Association “Déjà Vu All Over Again: Tax Reform Equals Lawyer’s Full Employment - Remember 2001” (January 2018)

  • Monterey Trust and Estates Study Group “Déjà Vu All Over Again: Tax Reform Equals Lawyer’s Full Employment - Remember 2001” (January 2018)

 

  • Santa Cruz Estate Planning Counsel “Déjà Vu All Over Again: Tax Reform Equals Lawyer’s Full Employment - Remember 2001” (December 2017)

  • Silicon Valley Bar Association “Déjà Vu All Over Again: Tax Reform Equals Lawyer’s Full Employment - Remember 2001” (December 2017)

  • Monterey Trust and Estates Study Group “Is There a Silver Lining in Every Dark Cloud?” (February 2017)

  • San Francisco County Bar Association “Is There a Silver Lining in Every Dark Cloud?” (February 2017)

  • San Mateo County Bar Association “Is There a Silver Lining in Every Dark Cloud?” (January 2017)

 

  • Silicon Valley Bar Association “Is There a Silver Lining in Every Dark Cloud?” (December 2016)

  • The Santa Cruz County Estate Planning Council “Is There a Silver Lining in Every Dark Cloud?” (December 2016)

  • Monterey Trust and Estates Study Group “Does Luke Skywalker Go To The Dark Side and Become a T&E Litigator?” (February 2016)

  • San Mateo County Bar Association “Does Luke Skywalker Go To The Dark Side and Become a T&E Litigator?” (January 2016)
     

  • Silicon Valley Bar Association “Does Luke Skywalker Go To The Dark Side and Become a T&E Litigator?” (December 2015)

  • The Santa Cruz County Estate Planning Council “Does Luke Skywalker Go To The Dark Side and Become a T&E Litigator?” (December 2015)

  • PFAC 20th Annual Educational Conference 2015, “Licensed? Now What? A Roadmap for Various Types of Cases” (April 2015)

  • Silicon Valley Bar Association, Moderator, “Appellate Review of Judgments and Orders” (April 2015)

  • Financial Insider Weekly “Your Rights as a Beneficiary of an Estate of Trust” (April 2015)

  • San Mateo County Bar Association “The Giants Win Again and Other Excitement in the T&E World” (January  2015)
     

  • The Santa Cruz County Estate Planning Council “The Giants Win Again and Other Excitement in the T&E World” (December 2014)

  • Silicon Valley Bar Association “The Giants Win Again and Other Excitement in the T&E World” (December 2014)

  • Silicon Valley Bar Association "Fiduciary War Stories” (October 2014)

  • East Bay Trusts and Estates Lawyers “The Metrics for Determining the Amount of Attorneys’ Fees in Probate” (October 2014)

  • Silicon Valley Bar Association, Moderator, “Marrying Into Elder Abuse” (May 2014)

  • Financial Insider Weekly “Your Rights as a Beneficiary” (April 2014)

  • Silicon Valley Bar Association “The Metrics for Determining the Amount of Attorneys’ Fees in Probate” (April 2014)

  • The Santa Cruz County Estate Planning Council “The Metrics of Determining the Amount of Attorneys’ Fees in Probate (February  2014)

  • San Mateo County Bar Association “Vetoes, Taxes and Marriage for All” (January  2014)
     

  • The Santa Cruz County Estate Planning Council “Vetoes, Taxes, and Marriage for All” (December 2013)

  • CEB “Ethics & Malpractice Issues: Protection Tips for Estate and Trusts Attorneys” (December 2013)

  • “Silicon Valley Bar Association “Vetoes, Taxes, and Marriage for All” (December 2013)

  • Monterey Estate Planning Study Group “The Metrics of Determining the Amount of Attorneys’ Fees in Probate“ (October 2013)

  • San Mateo County Bar Association, Estate Planning & Probate Section, “Attorney Fee Petitions: What They Must and Should Include” (August 2013)

  • San Mateo County Bar Association, “How Much Uncertainty Can We Tolerate–Planning from the Precipice“ (January 2013)
     

  • Silicon Valley Bar Association, “How Much Uncertainty Can We Tolerate–Planning from the Precipice (December 2012)

  • Santa Cruz County Estate Planning Council, “How Much Uncertainty Can We Tolerate–Planning from the Precipice (December 2012)

  • Silicon Valley Bar Association, “He’s in Love With Her! A Mock Trial” (October 2012)

  • San Mateo County Estate Planning Council, “Matters That Hit the Wallet–A Comprehensive Overview of Attorney’s Fees in Probate” (May 2012)

  • San Mateo County Estate Planning Council, “Congress is Run by Lawyers. A Lawyer is Trained for Two Things, and Two Things Only: To Clarify and to Confuse. Welcome To Tax Planning 2012” (January 2012)

  • PFAC Northern California Region Dinner, “When and Under What Circumstances Should a Professional Fiduciary Agree to Mediation, Trial by a Referee or Both?” (January 2012)
     

  • Silicon Valley Bar Association, “Congress is Run by Lawyers. A Lawyer is Trained for Two Things, and Two Things Only: To Clarify and to Confuse. Welcome To Tax Planning 2012” (December 2011)

  • Santa Cruz County Estate Planning Council, “Congress is Run by Lawyers. A Lawyer is Trained for Two Things, and Two Things Only: To Clarify and to Confuse. Welcome To Tax Planning 2012” (December 2011)

  • State Bar of California, Taxation Section, 2011 Annual Meeting “Death, Taxes & Malpractice Traps–Avoiding the Top Ten Mistakes in Estate and Tax Planning” (November 2011)

  • Silicon Valley Bar Association, “Matters That Hit the Wallet–A Comprehensive Overview of Attorney’s Fees in Probate” (October 2011)

  • The Southern California Tax & Estate Planning Forum, “Estate and Trust Litigation” (October 2011)

  • PFAC 2011 Conference, “The Ethical Conundrum: Damned if you Do . . . Damned if you Don’t” (May 2011)

  • Monterey Estate Planning Study Group and CPE Forum, “The Giants Won the World Series and How Much Quack Can You Get From a Lame Duck” (February 2011)

  • San Mateo County Estate Planning Council, “The Giants Won the World Series and How Much Quack Can You Get From a Lame Duck” (January 2011)
     

  • Silicon Valley Bar Association and Santa Cruz County Estate Planning Council, “The Giants Won the World Series and How Much Quack Can You Get From a Lame Duck” (December 2010)

  • Professional Fiduciary Association of California, “Litigation, Tax Challenges, Asset & Client Control” (October 2010)

  • The Southern California Tax & Estate Planning Forum, “Damages, Fees and Costs in Estate Litigation” (October 2010)

  • Create TV, Financial Insider Weekly, “Your Rights as a Beneficiary” (October 2010)

  • Create TV, Financial Insider Weekly, “Second Marriage Estate Planning” (June 2010)

  • Silicon Valley Bar Association, “Expert Witnesses in Probate Litigation” (May 2010)
     

  • Silicon Valley Bar Association, “Pigs Fly, Cubs Win World Series, Hell Freezes Over and Three Blind Men Will Guide Your T & E Practice in 2010" (December 2009)

  • Financial Insider Weekly, "Your Rights as a Beneficiary" (October 2009)
     

  • Silicon Valley Bar Association, "Estate Planning in the Brave (And Poorer) New World" (December 2008)

  • Continuing Education of the Bar, "Elder Law: Remedies for Financial Abuse" (July/August  2008)

  • Professional Fiduciary Association of California, Silicon Valley Chapter, "Professional Fiduciary and Conflicts of Interest" (June 2008)

  • Professional Fiduciary Association of California Annual Conference, "Litigation and the Fiduciary" (May 2008)

  • Silicon Valley Bar Association, "Probate Trials and Tribulations" (May 2008)

  • Continuing Education of the Bar, "Ethics and Malpractice Issues - Protection Tips for Trust & Estate Attorneys" (January 2008)
     

  • Silicon Valley Bar Association, "Changing our Plans in 2008: New Laws, New Interpretations, and How to Handle the Transition" (December 2007)

  • Santa Cruz Estate Planning Council, "Probate Code Sections 850 and 17000" (October 2007)

  • Paralegal Association of Santa Clara County, "Leading Your Client Through a Trust Allocation" (October 2007)

  • Continuing Education of the Bar, "Estate Planning Scams, Botched Trusts & Other Disasters" (July/August 2007)

  • Santa Clara University Law School, Guest Lecturer, "Elder Abuse - The Civil Perspective" (February 2007)
     

  • Silicon Valley Bar Association, "Changing Our Plans in 2007: New Laws, New Interpretations and How to Handle the Transition" (December 2006)

  • Silicon Valley Bar Association, "Probate Code Sections 850 and 17200" (September 2006)

  • Continuing Education of the Bar, "Ethics and Malpractice Issues–Protection Tips for Trust & Estate Attorneys" (January and March 2006)

  • Estate Planning Council of Diablo Valley, "Why You Can't Estate Plan Around Estate Litigation" (January 2006)
     

  • Silicon Valley Bar Association, "Taxes, Trusts and Planning in Disastrous Times" (December 2005)

  • Silicon Valley Bar Association, "Provisional Remedies in Probate Litigation" (June 2005)

  • Current Issues Regarding the Duties of Fiduciaries and Those Who Serve Them“ (May 2005)

  • Continuing Education of the Bar, Elder Law Litigation: Remedies for Financial Abuse (February, March 2005)
     

  • Silicon Valley Bar Association, The Trusts & Estates Section, "The Continuing Search for WMD (Ways to Manage Death, Disability, and Dissolution)" (December 2004)

  • National Business Institute, "Elder Care in California" (September 2004)

  • Trusts Commission of Alameda County Bar Association, "The Trust and Probate Attorney as a Trial Lawyer" (May 2004)

  • West Valley Bar Association, "Why Can't We Do It Like They Do in England?" (April 2004)

  • Silicon Valley Bar Association, The Trusts & Estates Section, Moderator, "The Mother of All Will Contests“ (April 2004)
     

  • Santa Cruz County Bar Association "The Good, The Bad and The Ugly–Recent Developments in Estate Planning, Administration and Litigation" (December 2003)

  • Silicon Valley Bar Association, The Trusts & Estates Section, "The Good, The Bad and The Ugly–Recent Developments in Estate Planning, Administration and Litigation " (December 2003)

  • Silicon Valley Bar Association, The Trusts & Estates Section, "No Contest Clauses–The Disaster Waiting to Happen" (November 2003)

  • Continuing Education of the Bar, Antidotes for Estate Planning Scams, Botched Trusts & Other Disasters (November 2003 San Francisco, October 2003 Sacramento)

  • Santa Clara County Estate Planning Council, "Elder Abuse: Estate and Trust Litigation" (March 2003)

  • San Mateo County Bar Association, "Update in Down Times–When The Bills Arrive" (February 2003)

  • Silicon Valley Bar Association, The Estate of Kouba- Due Execution, Exercise of a Power of Appointment and the "Substantial Compliance" Rule (February 2003)
     

  • Santa Cruz Bar Association, "Update in Down Times–When The Bills Arrive" (December 2002)

  • Silicon Valley Bar Association, Estate Planning, Probate & Trust Section, "Update in Down Times–When The Bills Arrive (December 2002)

  • Silicon Valley Bar Association, Estate Planning, Probate & Trust Section "Serving as a Referee Appointed by the Probate Court" (April) 2002

  • San Mateo County Bar Association, Estate Planning, Probate & Trust Section "The Traditional Family Values Elimination Act" (February 2002)

  • Continuing Education of the Bar, "Estate Planning, Malpractice & Legal Ethics" (January 2002)
     

  • Santa Clara County Bar Association, Estate Planning, Probate & Trust Section "The Traditional Family Values Elimination Act" (December 2001)

  • Continuing Education of the Bar, "Antidotes for Estate Planning Scams, Botched Trusts, and Other Disasters" (July 2001)

  • The State Bar of California, "A Mock Trial Program: Demonstration of a Disputed Will and Trust Matter" (June 2001)

  • California Center for Judicial Education and Research, "Will Contests" (February 2001)
     

  • Santa Cruz County Estate Planning Council, "Legislative Chads and Estate Tax Repeal: Down To The Count?" (December 2000)

  • Santa Clara County Bar Association, Estate Planning, Probate & Trust Section, "Legislative Chads and Estate Tax Repeal: Down To The Count?" (December 2000)

  • California Center for Judicial Education and Research, "Probate 201: Complex Litigation" and "Probate 101: Basic Contested Litigation" (February 2000)

  • The Paralegal Association of Santa Clara County, Trusts and Estates Section, "Estate Planning and Administration Recent Developments - 2000" (February 2000)

  • Santa Cruz County Estate Planning Council, "Vaccine for Millennium Bugs: New Laws in 2000" (January 2000)

  • Santa Clara County Bar Association, Estate Planning, Probate & Trust Section, "Vaccine for Millennium Bugs: New Laws in 2000" (December 1999)

  • Santa Clara County Bar Association, Estate Planning, Probate & Trust Section, "Guardians Ad Litem in Litigation" (June 1999)

  • Eleventh Annual William F. Fratcher Trusts & Estates Symposium (University of Missouri-Columbia School of Law), "Antidotes for Estate Planning Scams and Botched Trusts and Other Disasters"(June 1999)

  • The State Bar of California, Estate Planning, Trust and Probate Law Section, "A Mock Trial Program: Demonstration of a Disputed Will and Trust Matter" (May 1999)

  • Professional Fiduciary Association of California, "Fiduciary Liability" (May 1999)
     

  • Santa Clara County Bar Association, Estate Planning, Probate & Trust Section, "New Probate Laws: Tweaks and Twinges Before The Millennium" (December 1998)

  • Continuing Education of the Bar, "Antidotes for Estate Planning Scams, Botched Trusts, and Other Disasters" (November 1998)

  • Ronald McDonald House at Stanford, "Advanced Estate Planning"(November 1998)

  • Northern California Trust Companies Association, "Seventh Annual Educational Program" (October 1998)

  • Contra Costa County Bar Association, "Anatomy of a Trial" (September 1998)

  • Santa Clara County Bar Association, Estate Planning, Trust & Probate Section, "Provisional Remedies In Estate Proceedings" (July 1998)

  • The Mid-Peninsula Trust Forum, Northern Trust Bank, "Anatomy of a Trus" (June 1998)
     

  • State Bar of California, Fall Section Education Institute, "Evidentiary Issues That Should Be Considered During the Estate Planning Process" (October 1997)

  • Santa Clara County Bar Association, Estate Planning, Probate & Trust Section, "Anatomy of a Trial" (September 1997)

  • The Institute of Certified Financial Planners, "Professional Negligence In Estate Planning" (August 1997)

  • Sonoma County Bar Probate Section and Redwood Empire Estate Planning Council, "The Estate Planner/Litigator's View: Emerging Patterns In Trust Litigation" (May 1997)

  • National Business Institute, "California Probate: Beyond the Basics" (April 1997)

  • California Center For Judicial Education, "Probate Litigation" (February 1997)
     

  • State Bar of California, Continuing Education of the Bar, "The Guiding Hand: Ethical Issues in Estate Planning" (199)
     

  • Santa Clara County Bar Association, Estate Planning, Probate & Trust Section, "Due Unto Others" (December 1995)

  • State Bar of California, Section Education Institute, "Estate Planning and Probate" (June 1995)

  • CPA-Law Forum of San Francisco, "Professional Ethics and Liability in Estate Planning" (June 1995)

  • Financial Planning Forum, "Estate, Trust & Professional Liability Litigation; Anxiety Stories I Have Not Been Able to Forget" (April 1995)
     

  • Santa Clara County Bar Association, "Estate Planning, Probate and Trust Law Update" (December 1994)

  • Alameda County Bar Association, Estate Planning Trust and Probate Law Section, Burch v. George - The No Contest Clause Re-Energized" (November 1994)

  • Diablo Valley-Tri-Valley Estate Planning Council, "Estate Planning Practices That Lead to Litigation" (October 1994)

  • State Bar of California, Continuing Education of the Bar, "Estates and Trusts: Dispute Resolution and Litigation" (June/July 1994)

  • Santa Cruz County Estate Planning Council, "Estate Planning" (May 1994)

  • Contra Costa County Bar Association and the Mechanics Bank, "The First Annual Contra Costa County Estate Planning Symposium" (March 1994)
     

  • Santa Clara County Bar Association, "Estate Planning, Probate and Trust Law Update" (December 1993)

  • State Bar of California, Estate Planning, Trust and Probate Law Section, "Recent Developments: Statutes, Cases and Taxation" (November 1993)

  • Santa Clara County Bar Association, "References in Contested Estate Proceedings Under Code of Civil Procedure sections 639 and 639" (November 1993)

  • National Business Institute, "California Elder Law: Taking Control of the Planning Process" (November 1993)

  • Attorneys Probate Association, "Will Contests: Do's and Don'ts"(October 1993)

  • Northern Trust Bank of California, "The Santa Clara County Trust Forum - Fiduciaries & Estate Litigation" (September 1993)

  • National Business Institute, "A Practical Guide to Estate Administration in California" (August 1993)

  • National Business Institute, "Planning Opportunities With Living Trusts in California" (February 1993)
     

  • State Bar of California, Section Education Institute, "Ethical Issues in Estate Planning/Administration" (March 1992)

  • Center for Judicial Education and Research, "Selected Programs in Decedent's Estates" (March 1992)
     

  • State Bar of California, Continuing Education of the Bar, "Estate and Trusts: Dispute Resolution and Litigation"` (September 1991)

  • New York University School of Continuing Education, "Malpractice Issues in Estate Administration" (May 1991).

Publications

  • California Trust and Probate Litigation, Litigation Tools: An Overview, Chapter 10 (CEB 2015)

  • "Why an Intestate Heir Should Think Twice Before Petitioning to Admit a Will to Probate", Silicon Valley Bar Association, "The Scrivenor", Trust & Estates Quarterly, First Quarter, 2006

  • "California Trust and Probate Litigation - Litigation Tools", CEB 2005

  • "The Fiduciary, His Counsel, And The Attorney-Client Privilege", Vol. 136, No. 6, May 1997, Trusts & Estates; Litigation Alert, Estate Planning, Trust and Probate News, State Bar of California

  • "Excessive Bail and Penal Code Section 13521" 23 Hastings Law Journal, 697, 1972

  • ``Who Has the Burden of Proof?``, Silicon Valley Bar Association, ``The Scrivenor``, Trust & Estates Quarterly, Third Quarter, 2005

  • "Moeller v. Superior Court: Attorney-Client Privilege Belongs to Person Who 'Currently' Occupies Office of Trustee", Vol. 19, No. 3, December 1997, CEB Estate Planning & California Probate Reporter

  • "Legal Malpractice in Estate Planning and Administration and How to Avoid It" Vol. 5, No. 5, Winter/Spring, 1983, Estate Planning Trust and Probate News, State Bar of California

Recent Trials

  • Mr. Desmarais has 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 Mr. Desmarais
    was engaged by, and testified on behalf of, the San Francisco District Attorney’s office.

Expert

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