Attorney Profile

James P. Cilley

Mr. Cilley specializes in trust and estate litigation, fiduciary disputes and elder abuse actions. His practice involves will and trust contests, elder abuse, fiduciary accounting, fiduciary removal and surcharge, breach of fiduciary duty, constructive and resulting trusts, interpretation of testamentary instruments, creditor's claims, conservatorships, and related appeals. Mr. Cilley handles every stage of litigation, including pre-lawsuit negotiation, discovery, law and motion, settlement negotiations, mediation, trial and appeals. He has over 18 years of experience serving as lead attorney in many of Northern California's largest probate and trust cases. Mr. Cilley has substantial trial experience in contested probate cases before a wide variety of California trial and appellate courts. He has participated in all forms of alternative dispute resolution.

Mr. Cilley is admitted to practice law in all superior courts of California, all appellate courts of California, the Supreme Court of California, all of the federal district courts in California, and the Federal Ninth Circuit Court of Appeals. Mr. Cilley is Peer Review rated AV® Preeminent™ by Martindale Hubbell.

Recent Articles/Lectures/Presentations:

• Author, Chapter 7: "Asserting or Defending Claim Regarding Ownership of Trust Property" Matthew Bender Practice Guide: California Trust Litigation (2011)
• Speaker, "Practical Asset Management in Today's Economy" (CEB) (2010)
• Speaker, "Practical Problems in Probate" (CEB) (2009)
• Speaker, "Recent Developments" Fremont Estate Planning Council (2007)
• Speaker, "Estate Planning and Administration: 22nd Annual Recent Developments" (CEB) (2007)
• Speaker, "Changing Our Plans in 2007" Silicon Valley Bar Association (2006)
• Speaker, "Recent Developments" Professional Fiduciary Association of California (PFAC) 11th Annual Educational Conference (2006)
• Author, "When is a Lis Pendens a Viable Provisional Remedy in Probate Cases" Silicon Valley Bar Association 4th Quarter 2005 Issue of Scrivner
• Speaker, "Trustee and Fiduciary Standards of Care and Liability Issues" Professional Fiduciary Association of California (PFAC) Annual Conference (2005)
• Speaker, "Elder Abuse: The Domestic Violence and Financial Embezzlement Problem of the 21st Century" State Bar of California, San Francisco and Santa Clara County Estate Planning Council (2003)
• Speaker,"Trustee Standard of Care" & "Trustee Reporting Duties"to Professional Fiduciary Association of California Annual Conference (PFAC) (2002)
• Speaker, co-presented "Probate Code § 21320 - Care Custodian Beneficiaries," Santa Clara County Bar Association, Estate Planning, Trust and Probate Section (2000)
• Speaker, co-presented "The Finality of Judgments, Are They Really Final?" and "Statute of Limitations on Claims Based Upon The Liability of Deceased Settlors," Northern Trust Companies Association Seventh Annual Education Program (1998)
• Speaker, "Anatomy of a Trial," to Santa Clara County and Contra Costa County Bar Associations Estate Planning and Trust Sections and the Northern Trust Bank Trust Forum (1997)

Professional Organizations/Memberships:

• Certified Specialist in Estate Planning, Trust and Probate Law, California State Bar Board of Legal Specialization
• Member, Santa Clara County Estate Planning Council
• Member, State Bar of California, Estate Planning, Trust and Probate Law Section
• Member, Santa Clara County Bar Association, Estate Planning, Probate and Trusts
• Member, Silicon Valley Bar Association
• Member, Board of Trustees, Santa Clara County Bar Association, (1997)

Education:

• Juris Doctor, University of Pacific, McGeorge School of Law, (1993) With Distinction
• B.S., Business Finance,San Jose State University, (1990)