Lynard C. Hinojosa

Partner
Tel: 310.473.7000 ext. 120
Fax: 310.473.1730
lch@hinojosaforer.com

Lynard C. Hinojosa started practicing in 1968 representing the L.A. County Public Administrator/Public Guardian, handling approximately 350 decedent estates and 250 guardianships. After 2 years, he was transferred to other divisions primarily doing administrative law and civil litigation. In 1972, he went into private practice primarily engaging in high-level entertainment, business and real estate litigation and business transactions. Commencing in 1975, the amount of his probate practice increased to the point where, from 1986 to date, his probate/trust/conservatorship practice comprises 100% of his practice. His areas of expertise are in probate, conservatorship and trust litigation, probate and trust administrations, and conservatorships. At the present time, his firm has approximately 400 active decedent estate and trust administrations, heirships, and conservatorships, and has approximately 50 active probate and trust litigations (i.e., will contests, heirship litigations, trust litigations, and surcharge matters). He is regularly appointed by the court, retained by private parties and has testified many times as an expert in probate, conservatorship and trust matters.

He has been selected as a Southern California “Super Lawyer” for the past 10 years. In 2015, he was awarded the prestigious Arthur K. Marshall Award by the Los Angeles County Bar Association for his outstanding contributions to the probate and trust community.

Practice Areas

Probate Litigation
Trust Litigation
Fiduciary Litigation
Conservatorship Litigation
Probate and Trust Administration
Appeals

Bar Admission

California, 1968

Education

Yale University (J.D., 1964)
University of California at Los Angeles (L.L.B., 1967)

Publications

CEB Action Guide, "Handling a Probate" (2001 & 2003);
"The Publications: Ubiquitous Heirhunters," Probate Solutions (newsletter)
Co-Author with Bruce Ross, "Notification by Trustee: Two Views of the Requirements of New Probate Code § 16061.7: The Sky is Not Falling", CA Trusts & Estates Quarterly, Vol. 4, No. 1, Spring 1998
Co-Author, "The Great Record Ripoff: Penal Sanctions and State Civil Remedies," University of West Los Angeles Law Review, Vol. VII, 1975.

Speaking Engagements (Lecturer, Moderator, Panelist)

CEB, Continuing Education of the Bar, UCLA, Westwood, “Estate Litigation/Tactical Issues” (March 2015)
Los Angeles Paralegal Association, Los Angeles, “Real Estate Issues” (September 2014)
CEB/UCLA Extension, Westwood, “Probate Forms” (March 2014)
Los Angeles County Bar/Elder Law Committee, LA Superior Court, “Fundamentals of Litigation” (March 2013)
Los Angeles County Bar/Elder Law Committee, LA Superior Court, “Fundamentals of Litigation” (January 2013)
South Bar Estate Planning Council, Torrance, “Common Mistakes By Planners Which Litigators Love” (November 2012)
Los Angeles County Bar Ass’n, Los Angeles, “Outsourcing Probate Matters” (September 2012)
Beverly Hills Bar Ass’n, Los Angeles, “Accountings” (July 2012)
Santa Monica Bar Ass’n, Santa Monica, “Trial Skills – What Probate Lawyers Need to Know But Have Been Afraid to Ask” (April 2012)
Santa Monica Bar Ass’n, Santa Monica, “Standard of Capacity for Executing Estate Documents – Good Law or Pandora’s Box” (September 2011)
CEB, Continuing Education of the Bar, “Estate Litigation” (December 2010)
CEB, Continuing Education of the Bar, Orange County, “Practical Estate Asset Management” (June 2010)
CEB, Continuing Education of the Bar, Los Angeles, "Practical Estate Asset Management" (May 2010)
CEB, Continuing Education of the Bar, Los Angeles, "Creditor Claims Against Decedents" (August 2009)
Long Beach Estate Planning Council, Long Beach (December 2008)
CEB, Continuing Education of the Bar, Los Angeles, "Estate Litigation" (November 2008)
LACBA PVP Committee, Loyola Law School, "Specialized Appointments PVP Training Program" (May 2008)
Ventura Estate Planning Council, "Common Mistakes In Ventura Estate Planning and How to Avoid Them" (December 2007)
Santa Monica Bar Association, Santa Monica "Developments in 21320 and 21350 Petitions" (September 2007)
L.A. County Bar Association, Trust & Probate Section, Los Angeles, "Due Execution of Estate Planning & Related Documentation" (April 2007)
LAPA, Los Angeles, "Probate Estate Break-Out: Back and Forward" (October 2006)
79th State Bar Meeting, Monterey, "Fiduciaries, Fraud & Forensics" (October 2006)
CEB, Continuing Education of the Bar, Los Angeles,"Estate Litigation: Tactical Issues, Case Studies & Resolution Issues" (September 2006)
Beverly Hills Bar Association/Real Estate Section, Beverly Hills,"Buying/Selling Real Estate Commissions" (May 2006)
Los Angeles Bar Association, Los Angeles,"PVP Training Program" (May 2006)
Los Angeles Paralegal Association, Los Angeles,"Creditor Rights Against Trusts & Trust Benefits" (April 2006)
Orange County Bar Association - Trusts & Estates Section, Orange County, "Breach of Promise to Leave by Will and Prob. Code § 850 Petitions" (March 2006)
State Bar/Trusts & Estates Section, Santa Monica,"Strategic Planning & Tactical Maneuvers in Fiduciary Litigation" (January 2006)
CEB, Continuing Education of the Bar, Orange County, "Ethics Malpractice" (January 2006)
CEB, Continuing Education of the Bar, San Diego, "Ethics Malpractice" (January 2006)

CEB, Continuing Education of the Bar, Los Angeles, "Ethics Malpractice" (January 2006)
Beverly Hills Estate Planning Council, Los Angeles, "Common Mistakes By Planners Which Litigators Love" (December 2005)
Beverly Hills Estate Planning Council, Beverly Hills, "10 Mistakes of Estate Planning" (December 2005)
CEB, Continuing Education of the Bar, Los Angeles, "Estate Lit Seminar" (December 2005)
CEB, Continuing Education of the Bar, Los Angeles, "Tactical Issues, Estate Litigation Studies, and Resolution Scenarios" (December 2005)
Beverly Hills Bar Association, Los Angeles, "Law & Science of Questioning Documents" (May 2005)
LACBA, Trust/Probate Section, Probate/Trust Litigation Subcommittee, Los Angeles, "Litigation Involving Construction & Interpretation Issues" (April 2005)
South Bay Bar Association, Probate Section, Torrance, "Important Early Discovery Issues and Tips for All Probate Attorneys in Probate, Conservatorship and Trust Matters" (February 2005)
UCLA/CEB 2004 Estate Planning Institute, Los Angeles, “Planning for Controversy: Protecting the Estate Plan While Protecting the File” (May 2004)
San Francisco State Bar Estate Planning Section, San Francisco, “What you Need to Know About Detecting, Proving and Preventing Forged and Falsified Estate Planning Documents” (April 2004)
CEB, Continuing Education of the Bar, Los Angeles “Fiduciary Litigation” (February 2004)
LACBA Trust & Estates Section, Los Angeles, “The 850 Proceeding: Issues Relating to Evidence and Proof (December 2003)
CEB, Continuing Education of the Bar, San Diego, “Discovery in Fiduciary Litigation for Trust & Estate Lawyers” (November 2003)
LAPA, Probate & Estate Section, West Los Angeles, “Will Contest and Heirship Petitions” (September 2003)
LACBA, LA Superior Court, “Law & Science of Questioning Documents” (November 2002)
Beverly Hills Bar Ass’n, Beverly Hills, “Top 10 Ways to Foul Up Estate Plan” (October 2002)
CEB, Continuing Education of the Bar, Beverly Hills, “Estate Planning Malpractice & Legal Ethics” (January 2002)
CEB, Continuing Education of the Bar, Los Angeles, “Estate Planning Malpractice & Legal Ethics” (January 2002)
CEB, Continuing Education of the Bar, Anaheim, “Estate Planning Malpractice & Legal Ethics” (January 2002)
CEB, Continuing Education of the Bar, Sacramento, “Fundamentals of Post-Mortem Trust Administration (November 2001)
NALA, Reno, NV, “Fiduciary Litigation” (July 2001)
UCLA/CEB 23^rd Annual Estate Planning Institute, West Los Angeles, “Drafting Enforceable Documents” (June 2001)
Orange County Bar Ass’n, Orange County, “Selected Topics in Trust & Estate Litigation (May 2001)
Beverly Hills Bar Ass’n, Beverly Hills, “Development in Trust Litigation” (March 2001)
LACBA, Prob. Lit. Subs., Los Angeles, “Forensic Accounting Issues in Fiduciary Litigation” (March 2001)
CEB, Continuing Education of the Bar, Los Angeles, “Estate & Trust Litigation” (February 2001)
USC Law School, Los Angeles, “Annual Probate & Trust Conference” (November 2000)
CEB, Continuing Education of the Bar, Los Angeles, “Fundamentals of Probate & Other Nontrust Estate Administration (December 2000)
CEB, Continuing Education of the Bar, San Diego, “Estate Planning Malpractice & Ethics/Ethics & Litigation/ACTEC Commentaries” (July 2000)
CEB, Continuing Education of the Bar, Anaheim, “Estate Planning Malpractice & Ethics/Ethics & Litigation/ACTEC Commentaries” (July 2000)
CEB, Continuing Education of the Bar, Los Angeles, “Estate Planning Malpractice & Ethics/Ethics & Litigation/ACTEC Commentaries” (July 2000)
PFAC, Long Beach, “Conflict of Interest – Real or Perceived” (May 2000)
Los Angeles Estate Planning Council, Los Angeles, “Trust & Probate Litigation” (March 2000)
San Fernando Valley Bar, Sherman Oaks, “Selected Topics in Probate Litigation” (February 2000)
CEB, Continuing Education of the Bar, Los Angeles, “Fundamentals of Probate and Other Nontrust Administration” (November 1999)
SoCal Tax & Estate Planning Forum, San Diego, “Trends & Development in Fiduciary Litigation” (October 1999)
Boys and Girls Club Foundation, Escondido, “Mediation in Probate & Trust Disputes” (October 1999)
Your Legal Rights Show, San Francisco, “Wills & Trust Contests” (October 1999)
Los Angeles Paralegal Ass’n, Los Angeles, “General Overview of Trust & Probate Litigation” (September 1999)
CEB, Continuing Education of the Bar, Los Angeles, “Estate Trust Litigation” (May 1999)
San Fernando Valley Estate Planning Council, San Fernando, “Trustee Notification Provisions” (March 1999)
Beverly Hills Bar Ass’n, Beverly Hills, “Capacity and Undue Influence” (March 1999)
LA County Bar Ass’n, Los Angeles, “Winning Evidentiary Hearings in Probate” (February 1999)
State Bar Section Education Institute, San Diego, “Oil & Vinegar – Creditors and Death” (December 1998)
Los Angeles Paralegal Ass’n, West Los Angeles, “Creditors’ Rights Against Trusts & Beneficiaries” (November 1998)
USC Law School, Probate & Trust, Los Angeles, “Litigating Trust and Estate Matters” (November 1998)
State Bar, Los Angeles, “Creditors and Death” (October 1998)
Estate Planning, Trust & Probate Section, San Francisco, “Probate and Non-Probate Assets: What is Reachable?” (October 1998)
Lawyers’ Club, Los Angeles, “Is There Life After Death for Trust Administration” (May 1998)
Beverly Hills Bar Ass’n, Beverly Hills, “Creditors’ Rights Re Trusts” (March 1998)
Los Angeles County Bar Ass’n, Los Angeles, “Nuts and Bolts of Probate Mediation” (February 1998)
So. Cal. Council of Elder Law Lawyers, Encino, “Elder Law” (December 1997)
State Bar – Estate Planning, Probate & Trust Section, San Francisco, “Recent Case Law Developments” (October 1997)
State Bar – Estate Planning, Probate & Trust Section, Los Angeles, “Recent Case Law Developments” (October 1997)
Beverly Hills Bar Ass’n, Beverly Hills, “Planning & Drafting for Litigation” (June 1997)
Los Angeles County Bar Ass’n (Prob.Lit. Subsection), Los Angeles, “Creditor’s Rights Against Trustees & Trusts” (June 1997)
Los Angeles County Bar Ass’n, Los Angeles, “Breach of Contract to Leave by Will” (November 1996)
Santa Monica Bar Association, Santa Monica, “Heirship Litigation” (January 1996)
Los Angeles County Bar Ass’n, Prob.Lit. Subsection, Los Angeles, “Heirship Litigation” (December 1995)
Beverly Hills Bar Ass’n, Family Law Symposium, “Additional Sources of Support (Probate)” (November 1995)
South Bay Estate Planning Council, Torrance, “Probate Litigation” (July 1995)
Los Angeles County Bar Ass’n, Bridging Gap Probate, Los Angeles, “Probate Litigation” (June 1995)
California Estate Counselor’s Forum, West Los Angeles, “Trust Litigation” (May 1995)
Los Angeles County Bar Ass’n, Joint Lit. and Trusts Sections, West Los Angeles, “Probate Litigation” (December 1994)

Reported Supreme Court Cases

Estate of Saueressig (2006) 38 Cal.4th 1045

Reported Appellate Cases

Estate of Rabinowitz (2003) 114 Cal.App.4th 635;
Estate of McGuigan (2000) 83 Cal.App.4th 639;
Estate of McCrary (1997) 54 Cal.App.4th 100;
Estate of Luke (1987) 194 Cal.App.3d 1006;
Bergin v. Portman (1983) 141 Cal.App.3d 23;
College of Mortuary Science v. County of Los Angeles (1972) 23 Cal.App.3d 702;
Crowley Launch & Tugboat v. County of Los Angeles (1971) 16 Cal.App.3d 437;
Savoy Club v. Board of Supervisors (1970) 12 Cal.App.3d 1034;
Mowrer v. Superior Court (1969) 3 Cal.App.3d 223

Professional Affiliations/Memberships:

Beverly Hills Bar Association (Probate and Trusts Section)
Los Angeles County Bar Association (Probate and Trust Section)
- Executive Committee of the LACBA Probate Section (1993-1996)
American Bar Association (Real Property, Probate and Trust Section)
Executive Committee of the Estate Planning, Trust and Probate Section of the California State Bar (1996 to 2002)
State Bar Alternative Dispute Resolution Consulting Group (9/03-4/04)
Fellow, American College of Trust and Estate Counsel (‘ACTEC') (1999 to date)
UCLA-CEB Advisory Board/Estate Planning Institute (2003 to date)

Hinojosa & Wallet