John D. Minton

John concentrates his practice in estate, trust and fiduciary litigation. In the context of individual beneficiaries and fiduciaries, John has represented petitioners and respondents in matters involving allegations of breach of fiduciary duty, trustee removal and surcharge, the validity of testamentary documents, prosecuting and defending against claims of financial abuse, disputes concerning the characterization and distribution of trust and estate property, and the settlement of fiduciary accounting controversies.

John also counsels corporate and professional fiduciaries in acrimonious beneficiary and co-trustee relationships, non-adversarial and adversarial court petition work, trust interpretation issues, fiduciary liability assessment and settlement implementation. John’s breadth of experience is especially valuable from the perspective of institutional fiduciaries seeking to minimize liability and accurately administer complex trust arrangements. 

Prior to focusing his practice in estate, trust and fiduciary litigation, John represented both plaintiffs and defendants across a range of business litigation matters. He favorably resolved disputes concerning trade secrets and trademarks, unfair competition, fraud, breach of contract, and corporate dissolution, among many others. He has represented individuals and businesses in numerous industries including technology, real estate and financial, and worked with companies across the growth spectrum from startups to Fortune 500 businesses.

After graduating from law school, John served as a federal court law clerk in San Francisco for the Honorable Martin J. Jenkins of the United States District Court for the Northern District of California. Prior to joining Carr McClellan in 2008, John practiced for five years at the international law firm of Latham & Watkins LLP, where he litigated intellectual property and business disputes.

Probate Litigation Expertise:

• Fiduciary dispute issues
• Fiduciary liability assessment and minimization
• Trustee removal and surcharge actions
• Trust and will challenges (undue influence, lack of mental capacity, etc.)
• Financial abuse
• Trust interpretation controversies
• Trust accounting issues

 
Business Litigation Expertise:

• Intellectual property
• Corporate dissolution
• Unfair competition
• Breach of contract
• Partnership disputes
• Complex arbitration matters