Scott A. Fraser’s practice that encompasses estate planning, estate and trust administration, as well as trust and estate litigation.

Mr. Fraser’s estate planning practice focuses on estate planning and wealth transfer strategies for high net worth individuals, owners of closely held businesses, and holders of employee stock options. Mr. Fraser works closely with each of his clients to craft a customized plan that meets their individual needs, including the use of revocable trusts, irrevocable gifting trusts (IDGT, CRT, ILIT, GRAT, etc.), closely held business entities, and charitable gifting.

Mr. Fraser’s trust and decedent’s estate administration practice includes representation of trustees, personal representatives, and beneficiaries in all aspects of trust administration and probate, including the modification, termination, and interpretation of irrevocable trusts. Mr. Fraser also advises on the preparation of federal estate and gift tax returns and regularly represents clients before the IRS in estate tax examinations and audits.     

Mr. Fraser’s trust and estate litigation practice focuses on the representation of trustees, personal representatives, and beneficiaries in all aspects of disputed trust administration and probate, including fiduciary accounting objections, fiduciary removal and surcharge, and breach of fiduciary duty claims. Mr. Fraser also represents clients in will and trust contest matters, disputed property claims, and creditor issues involving trusts and estates. 

Education

·     J.D., Santa Clara University School of Law / Santa Clara Law Review

·     B.A., San Diego State University / with distinction

 Honors and Awards

·    2021 Northern California Rising Stars

Publications

·    Let’s Get Digital! ESI in Trust and Estate Litigation Part 2, California Trusts and Estates Quarterly 2021 Volume 27, Issue 3 (Oct 2021)

·    Let’s Get Digital! ESI in Trust and Estate Litigation Part 1, California Trusts and Estates Quarterly 2021 Volume 27, Issue 2 (Jul 2021)

·    2021 Update Author, Ch. 15 Payment of Taxes, Debts, and Administration Expenses, Drafting California Revocable Trusts (CEB)

·    Now What? Enforcement and Collection of a Surcharge Order, California Trusts and Estates Quarterly 2020 Volume 26, Issue 2 (Jul 2020)

·    2020 Update Author, Ch. 37 – Multijurisdictional Issues in Will Drafting, California Will Drafting (CEB)

·    2020 Update Author, Ch. 15 – Payment of Taxes, Debts, and Administration Expenses, Drafting California Revocable Trusts (CEB)

·    2020 Update Author, Ch. 22 – Executive Compensation and Stock Options, California Estate Planning (CEB)

·    2020 Update Author, Ch. 26 – Transfer Tax Clauses, California Will Drafting (CEB)

·    2019 Update Author, Ch. 15 – Payment of Taxes, Debts, and Administration Expenses, Drafting California Revocable Trusts (CEB)

·    2019 Update Author, Ch. 22 – Executive Compensation and Stock Options, California Estate Planning (CEB)

·    2019 Update Author, Ch. 26 – Transfer Tax Clauses, California Will Drafting (CEB) 

·    2018 Update Author, Ch. 26 – Transfer Tax Clauses, California Will Drafting (CEB)

 Speaking Engagements

·     “Collecting Attorney’s Fees and Damages in Trust & Estate Litigation” - 17th Annual Kasner Symposium, October 8, 2021

·     “E-Discovery in Trust and Estate Litigation” – Trust Me! The Trust and Estates Section Podcast (California Lawyers Association), April 27, 2021

·     Sacramento County Bar Association - Now What? Enforcement and Collection of a Surcharge Order, April 20, 2021

·     Bar Association of San Francisco - Now What? Enforcement and Collection of a Surcharge Order, March 5, 2021

·     Silicon Valley Bar Association - Now What? Enforcement and Collection of a Surcharge Order, February 10, 2021

·     San Diego County Bar Association - Now What? Enforcement and Collection of a Surcharge Order, October 22, 2020

Affiliations 

·     Silicon Valley Bar Association 

·     San Mateo County Bar Association 

·     Palo Alto Area Bar Association