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Robert E. Temmerman
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  • Founding Partner

Location:

San Jose, CA

Phone:

Fax:

(408) 998-9700

Email:

Robert E. Temmerman, Jr. is a partner at Temmerman, Cilley & Kohlmann, LLP and a specialist in estate planning, trusts, and probate law certified by the California State Bar Board of Legal Specialization. Mr. Temmerman is also a fellow of the American College of Trust and Estate Counsel (ACTEC), a nonprofit organization comprised of the nation's premier trust and estate counselors, and offers representation in estate planning, incapacity planning, and decedent estate administration, focusing on estate planning for large and moderate estates with specific emphasis on family wealth preservation. His estate administration practice includes postmortem estate administration, trust reformations, tax planning, federal estate and gift tax return preparation, and complex trust and estate accountings. Mr. Temmerman also provides legal services related to incapacity planning, and conservatorships and guardianships, and fiduciary litigation, as well as mediation and alternative dispute resolution in all types of trust and estate matters. Mr. Temmerman is AV® PreeminentTM Peer Review Rated by Martindale-Hubbell® for his legal ability and high ethical standards. He has been recognized as a Super Lawyer by Northern California Super Lawyers for 15 straight years and as a Best Lawyer by U.S. News & World Report and Best Lawyers.

In addition to practicing as an attorney, Mr. Temmerman serves as an expert witness or consultant for mediations and trials. Using his extensive experience, Mr. Temmerman is able to quickly analyze the facts and issues of a case, clearly explain the relevant law, and withstand intense cross-examination in a deposition or trial.

When not providing exceptional services to clients, Mr. Temmerman enjoys skiing, mountain and road biking, ice hockey, and golfing.

Areas of Practice

  • Estate Planning
  • Incapacity Planning
  • Tax Planning
  • Postmortem Estate Administration
  • Probate
  • Trust Administration
  • Conservatorships and Guardianships
  • Fiduciary Litigation

Bar Admissions

  • California, 1980

Education

  • Santa Clara University School of Law, Santa Clara, California
    • J.D. - 1980
    • Honors: magna cum laude
  • Boston College, Chestnut Hill, Massachusetts
    • B.A. - 1975
    • Honors: magna cum laude
    • Major: Economics and Political Sciences

Published Works

  • Co-author of Chapter 4 entitled “Property Transfer Obstacles for Married Persons,” published in California Estate Planning, Continuing Education of the Bar, 2003; Updated in 2004 and every year thereafter through the present
  • Co-author of “Is There a New Trust Code in California’s Future? A Comparison of the Recently Adopted Uniform Trust Code with Current California Trust Laws,” published in the California Trusts and Estates Quarterly, Vol. 6., No. 4, Winter 2000
  • Co-author of "Additional Property Transfer Obstacles for Married Persons and Registered Domestic Partners", California Estate Planning, CEB, 2002

Representative Cases

  • Boggs v. Boggs, Boggs v. Boggs, 520 U.S. 833, 117 S. Ct. 1754 (199), U.S. Supreme Court

Classes/Seminars

  • Speaker, “Recent California Case Law Affecting Trusts, Estates, and Conservatorships” for Santa Clara County Estate Planning Council (2018)
  • Speaker, “Déjà Vu All Over Again: Tax Reform Equals Lawyer’s Full Employment – Remember 2001″ for San Mateo County Association (2018)
  • Speaker, “Déjà Vu All Over Again: Tax Reform Equals Lawyer’s Full Employment – Remember 2001 for Monterey Trust Management, Private Client Services (2018)
  • Speaker, “Déjà Vu All Over Again: Tax Reform Equals Lawyer’s Full Employment – Remember 2001 for Silicon Valley Bar Association (2017)
  • Speaker, “Current California Developments in Estate Planning and Administration” for Santa Clara University 13 Annual Jerry A. Kasner Estate Planning Symposium (2017)
  • Speaker, “Expert Witnesses: Opining from Either Side of the Aisle in Trust and Estate Matters” for Estate Bay Trust & Estate Lawyers Symposium (2016)
  • Speaker, “Expert Witnesses: Opining from Either Side of the Aisle in Trust and Estate Matters” for Santa Clara University Jerry A. Kasner Symposium (2016)
  • Speaker, “Current California Developments in Estate Planning and Administration” for Santa Clara University Jerry A. Kasner Symposium (2016)
  • Speaker, “Recent California Case Law and Legislative Developments Affecting Trusts, Estates, and Conservatorships” for Santa Clara County Estate Planning Council (2016)
  • Speaker, “Does Luke Skywalker Go to the Dark Side and Become a T&E Litigator?” for The Estate Planning Study Group, The CPE Forum & Monterey County Bar Association – Trust & Estates (2016)
  • Speaker, “Does Luke Skywalker Go to the Dark Side and Become a T&E Litigator?” for Silicon Valley Bar Association (2015)
  • Speaker, “Does Luke Skywalker Go to the Dark Side and Become a T&E Litigator?” for Santa Cruz County Estate Planning Council (2015)
  • Speaker, “So You Have A Trust – Has it been Updated Since 2012?” for Sons in Retirement (2015)
  • Speaker, “Recent California Developments in Estate Planning and Administration” for Santa Clara University 11 Annual Jerry A. Kasner Estate Planning Symposium(2015)
  • Speaker, “Recent State Legislation and Cases of Interest” for ACTEC (2015)
  • Speaker, “Recent California Case Law and Legislative Developments Affecting Trusts, Estates, and Conservatorships” for Santa Clara County Estate Planning Council (2015)
  • Speaker, Recent California Case Law and Legislative Developments Affecting Trusts, Estates, and Conservatorships” for Tri-Valley Estate Planning Council (2015)
  • Speaker, “Guardianships for the Estate Planning Attorney – What You Need To Know” for SVBA Round Table Seminar (2015)
  • Speaker, “Year in Review – Will You be Liable when Your Trustee Breaches his Duties? Recent Developments in Estate Planning, Administration, Litigation and Taxation” for The Estate Planning Study Group, The CPE Forum & Monterey County Bar Association – Trust & Estates (2015)
  • Speaker, “Estate Planning and Administration: Year in Review” for CEB (2015)
  • Speaker, “The Giants Win Again and other Excitement in the T&E World, Annual Estate Planning Update” for San Mateo County Bar Association (2015)
  • Speaker, “The Giants Win Again and other Excitement in the T&E World, Annual Estate Planning Update” for Santa Cruz County Estate Planning Council (2014)
  • Speaker, “The Giants Win Again and other Excitement in the T&E World, Annual Estate Planning Update” for Silicon Valley Bar Association (2014)
  • Speaker, “Advanced Planning Panel” for Loring Ward Advanced Symposium (2014)
  • Speaker, “Current California Developments in Estate Planning” for Santa Clara University 10 Annual Jerry A. Kasner Estate Planning Symposium (2014)
  • Speaker, “Recent California Case Law and Legislative Developments Affecting Trusts, Estates, and Conservatorships” for Santa Clara County Estate Planning Council (2014)
  • Speaker, “Vetoes, Taxes, and Marriage for All” for Monterey Estate Planning Study Group (2014)
  • Speaker, “Estate Planning & Administration: 28th Annual Recent Developments” for CEB (2014)
  • Speaker, “Vetoes, Taxes and Marriage for All” for San Mateo County Estate Planning Council (2014)
  • Speaker, “Vetoes, Taxes and Marriage for All” for Santa Cruz County Estate Planning Council (2013)
  • Speaker, “Vetoes, Taxes and Marriage for All” for Silicon Valley Bar Association (2013)
  • Speaker, “Recent California Developments in Estate Planning and Administration” for Santa Clara University 9 Annual Jerry A. Kasner Estate Planning Symposium (2013)
  • Speaker, Recent California Developments in Estate Planning and Administration” for ACTEC Western Regional Meeting (2013)
  • Speaker, “Recent California Case Law and Legislative Developments Affecting Trusts, Estates and Conservatorships” for Santa Clara County Estate Planning Council (2013)
  • Speaker, “Estate Planning & Administration: 27th Annual Recent Developments” for CEB (2013)
  • Speaker, “The Giants Won the World Series Again! How Much Uncertainty Can We Tolerate? Planning From the Precipice,” Silicon Valley Bar Association (2012-2013)
  • Speaker, “Current California Developments in Estate Planning and Administration,” 8th Annual Jerry A. Kasner Estate Planning Symposium, SCU (2012)
  • Speaker, “Estate Planning & Administration: 27th Annual Recent Developments” (CEB) (2012)
  • Speaker, “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; Silicon Valley Bar Association; Santa Cruz County Estate Planning Council; San Mateo County Estate Planning Council; and Monterey Estate Planning Group (2011-2012)
  • Speaker, “Current California Developments in Estate Planning and Administration,” 7th Annual Jerry A. Kasner Estate Planning Symposium, SCU (2011)
  • Speaker, “Ethical Considerations When Dealing with Elderly Clients and Donors,” Stanford University (2011)
  • Speaker, “Recent California Case Law and Legislative Developments Affecting Trusts, Estates and Conservatorships,” Santa Clara County Estate Planning Council (2011)
  • Speaker, “Estate Planning & Administration: 26th Annual Recent Developments,” (CEB) (2011)
  • Speaker, “Pigs Fly, Cubs Win World Series, Hell Freezes Over and Three Blind Men Will Guide Your T&E Practice in 2010,” Silicon Valley Bar Association, Santa Cruz County Estate Planning Council, San Mateo County Bar Association and Monterey Estate Planning Study Group (2010-2011)
  • Speaker, “Estate Planning & Administration: 25th Annual Recent Developments” (CEB) (2010)
  • Speaker, “Current California Developments in Estate Planning and Administration,” 6th Annual Jerry A. Kasner Estate Planning Symposium, SCU (2010)
  • Speaker, “Current California Developments in Estate Planning and Administration,” 5th Annual Jerry A. Kasner Estate Planning Symposium, SCU (2009)
  • Speaker, “Avoiding Potholes in the Road of Love,” Silicon Valley Bar Association and Santa Cruz County Estate Planning Council (2009)
  • Speaker, “Annual Update,” Santa Clara County Estate Planning Council (2009)
  • Speaker, “Estate Planning & Administration: 24th Annual Recent Developments,” (CEB) (2009)
  • Speaker, “Estate Planning in the Brave (and Poorer) New World,” San Mateo County Estate Planning Council, Santa Cruz County Estate Planning Counsel, Silicon Valley Bar Association, First National Bank Trust Department (2009-2010)
  • Speaker, “Highlights of Current Developments,” 30th Annual UCLA/CEB Estate Planning Institute (2008)
  • Speaker, “Estate Planning and Administration: Year in Review,” (CEB) (2015)
  • Speaker, “The Giants Win Again and other Excitement in the T&E World, Annual Estate Planning Update,” San Mateo Bar Association, Santa Cruz County Estate Planning Council, Silicon Valley Bar Association (2014-2015)
  • Speaker, “Advanced Planning Pannel,” Loring Ward (2014)
  • Speaker, “Current California Developments in Estate Planning,” 10th Annual Jerry A. Kasner Estate Planning Symposium, SCU (2014)
  • Speaker, “Recent California Case Law and Legislative Developments Affecting Trusts, Estates, and Conservatorships” Santa Clara County Estate Planning Council (2014)
  • Speaker, “Vetoes, Taxes, and Marriage for All,” Monterey Estate Planning Council, San Mateo County Estate Planning Council, (2014)
  • Speaker, “Estate Planning & Administration: 28th Annual Recent Developments,” CEB (2014)
  • Speaker, “Vetoes, Taxes, and Marriage for All,” Santa Cruz County Estate Planning Council, San Mateo County Estate Planning Council, Silicon Valley Bar Association (2014)
  • Speaker, “Recent California Developments in Estate Planning and Administration,” 9th Annual Jerry A. Kasner Estate Planning Symposium, SCU (2013)
  • Speaker, “Recent California Developments in Estate Planning and Administration,” ACTEC Wester Regional Meeting (2013)
  • Speaker, “Recent California Case Law and Legislative Developments Affecting Trusts, Estates and Conservatorships” Santa Clara County Estate Planning Council (2013)

Professional Associations and Memberships

  • Silicon Valley Bar Association, Member, 2000 to Present
  • American College of Trust and Estate Counsel, Fellow, former State Chair, 1992 to Present
  • State Bar of California, Estate Planning Section, Member, former Chair, 1980 to Present
  • American Bar Association, Member, 1980 to Present
  • Santa Clara County Bar Association, Member, former Chairperson, 1980 to Present

Past Employment Positions

  • Temmerman, Cilley & Kohlmann, Managing Partner, 2000 to 2017

Pro Bono Activities

  • Leukemia and Lymphoma Association, 2006 to 2016

Languages

  • English