Colin A. Northcutt
Partner
Attorney Colin A. Northcutt is a partner in Lester, Cantrell & Kraus, LLP’s litigation department. He joined the firm in 2012. Colin’s practice focuses on trust and probate litigation, including trust contests, will contests, defense of fiduciaries, accounting disputes, creditor claims, Probate Code 850 claims, claims involving incapacity, disputed property claims, questions of interpretation / modification / reformation of estate planning documents, removal petitions, breach of fiduciary duty claims, fraud claims, inheritance disputes, surcharge litigation, claims of financial elder abuse, claims involving caregivers, undue influence claims, alleged wrongful taking of assets from estates and trusts, will and trust beneficiary disputes, trials, and probate-related appeals. Colin represents beneficiaries, heirs, trustees, executors, and other fiduciaries in a wide range of contested matters involving the administration of trusts and estates. Colin works closely with his clients to pursue their rights and defend against claims. He uses his experience to effectively and efficiently address the complexities underlying estate, probate, and trust disputes. Colin handles every stage of litigation, including pre-lawsuit negotiation, discovery, law and motion, mediation, arbitration, early neutral evaluation, trial, post-trial law and motion, and appeal.
Bar Admissions
- California, 2007
- Massachusetts, 2007
- U.S. District Court Central District of California, 2008
Areas of Practice
- Trust Litigation
- Probate Litigation
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Estate Litigation
- Fiduciary Litigation
- Financial Elder Abuse Litigation
- Real Estate Litigation
- Business Litigation
- Legal Malpractice
- Civil Litigation
Education
- Pepperdine University School of Law, Malibu, California
LL.M – 2005
Dispute Resolution - Boston University School of Law, Boston, Massachusetts
J.D. – 2004
Law Journal: International Law Journal - Boston University, Boston
M.B.A. – 2004 - University of California, San Diego
B.A. – 2000
Major: Philosophy
Area of Focus: Chemistry
Notable Matters
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- Defense verdict after three week jury trial on claim of alleged financial elder abuse
- Invalidated restated trust, removed trustee, and recovered real estate for trust beneficiaries.
- Obtained reversal by Court of Appeal on question of trust interpretation
- Obtained settlement for beneficiary who alleged trust language was ambiguous
- Defended trustee against claim that trust was invalid based on undue influence and lack of capacity
- Multiple cases resulting in successful return of trust assets (brought on behalf of trustees and beneficiaries)
- Reformed trust so that it correctly reflects the intent of the Settlor
- Successfully resolved numerous cases involving allegations of incapacity, undue influence, and fiduciary malfeasance
- Prosecution of, and defense against, surcharge requests.
- Successful resolution of numerous trust contests
- Successful resolution of numerous will contests
- Successful resolution of numerous cases involving allegations of financial elder abuse
- Successfully resolved many cases alleging wrongdoing with respect to fiduciary accountings
- Successful defense against claims seeking removal of trustees and executors
- Pre-death challenge of estate planning documents
- Numerous successful appeals
- Plaintiff’s Judgment – Return of JFK Jr.’s college files to Brown University
- Summary Judgment Upheld by Court of Appeal- Alleged in vitro toxic exposure at a foundry and plating facility
- Obtained dismissals on the pleadings for global real estate law firm sued in class action lawsuits claiming, collectively, over $85 million in damages. Ruling affirmed by Court of Appeal in published decision
Professional Associations
- Riverside County Bar Association
- San Bernardino County Bar Association
- Sunrise Rotary, Redlands (past member)
- Estate Planning Council of San Bernardino (past President)
- Inland Empire Estate Planning Seminar (board member)
Events
- 29th Annual Insolvency Conference: Speaker regarding legal malpractice issues
Call: 951-300-2690
Main Office: 1770 Iowa Avenue, Suite 110, Riverside, CA 92507
Office Hours
Monday-Friday 8am-5pm.
