Samantha S. Smith, Esq.

Samantha Smith- NM Law

Samantha S. Smith is an associate attorney at NM Law, APC and a native of Orange County. She is a member of the California Bar, as well as the Nevada Bar. Ms. Smith’s practice specifically focuses on trust litigation and probate proceedings, representing executors, administrators, settlors, trustees and beneficiaries.

Samantha is passionate about helping her clients navigate through the probate process, defend against and bring petitions for removal and surcharge, combine and modify irrevocable trusts, negotiate substantial settlements in trust litigation actions, defend against and bring Section 850 petitions and defend against petitions to invalidate trust documents. Ms. Smith’s practice also focuses on estate planning and business transactional law. Samantha takes the time to get to know her clients and their specific estate planning desires to help them understand, create and administer custom estate plans that best suit their unique needs and goals. She also has experience forming profit businesses including LLCs, corporations and limited partnerships.

Ms. Smith has extensive experience in consumer finance and real estate litigation, in addition to commercial real estate transactional law. Her strong background in real estate and civil litigation allows her to counsel her clients on a wide variety of matters, creating additional value.

While in law school, Ms. Smith earned the Academic Excellence Award in Commercial Real Estate Transactions and gained invaluable experience in estate planning and business transactional law.

Ms. Smith is an active member of the Trusts and Estate Section and Young Lawyers Division of the Orange County Bar Association. She enjoys playing soccer and running with her dog.

Education
  • Chapman University (B.A., Business Administration, 2011)
  • California Western School of Law (J.D., 2014)
Bar Admissions
  • State Bar of California
  • State Bar of Nevada
  • Member, OCBA Trusts and Estates Section
  • Member, OCBA Young Lawyers Division
Representative Cases
  • Conservatorship – Represent clients who want to obtain a conservatorship for their parent or other family member with diminished capacity.
  • Trust Litigation Dispute: Settled the case to invalidate the amendment that sought to disinherit our client and restore his 50% interest in mom’s home.
  • Trust Litigation Dispute: Represented a beneficiary who wanted to buy-out her sibling’s share of the Trust real property. Her co-trustee would not agree so we filed a petition for instructions and obtained a Court order allowing our client to complete the buy-out transaction.
  • Trust Litigation and Financial Elder Abuse: Represent a beneficiary who was disinherited from her father’s estate as a result of her brother removing their father from a dementia care facility center and having him sign a trust and will after he had been diagnosed with dementia. We recorded lis pendens against the trust real properties to prevent brother from being able to sell them. We issued over 10 subpoenas to obtain records and prepare for depositions and trial.
  • Petition to Modify Irrevocable Trust into a Special Needs Trust: Represent co-trustees who desire to modify an irrevocable trust into a special needs trust to protect the beneficiary from being disqualified from receiving governmental assistance benefits.
  • Petition for Approval of Trustee Accounting: Represent trustees and attorney-in-fact to prepare trust and power of attorney accounting to file with the Court for approval. Trustees typically have a right to have their accounting approved by the Court, so the fees are paid by the Trust. Getting Court approval protects trustees for future claims by beneficiaries or other interested persons that they breached the trust or their fiduciary duties.
  • Probate Proceedings: Successfully administered an estate worth $4,500,000 by helping client sell six real properties and obtain access to various cash accounts held in the name of the decedent’s various business entities.
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Disclaimer: This information is intended to provide a general summary of laws in the State of California and should not be construed as a legal opinion nor a communication which forms an attorney-client relationship with the reader.
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