John D. Minton

Partner

Trust, Estate + Fiduciary Litigation

John concentrates his practice in estate, trust and fiduciary litigation. John represents both petitioners and respondents in matters involving trustee removal and surcharge, the validity of wills and trusts, prosecuting and defending against claims of financial abuse and breach of fiduciary duty, 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, trust interpretation issues, fiduciary liability assessment, and settlement implementation.

After graduating from law school, John served as a law clerk for the Honorable Martin Jenkins of the U.S. District Court for the Northern District of California. Thereafter, John spent five years at Latham & Watkins, where he litigated intellectual property and business disputes, and six years at the Burlingame firm Carr McClellan, where he honed his practice as a trust and estate litigator. John co-founded Anderson Yazdi in 2014. Every year since then, he has been selected by his peers as one of Northern California’s “Super Lawyers” for his work in trust and estate litigation, an honor bestowed on only the top 5% of practicing attorneys in Northern California.

Recent Experience

  • Secured eight figure unanimous jury verdict against estate on behalf of clients alleging oral contract with the decedent in which he agreed to leave significant assets to them upon his death (decedent died in accident before updating estate plan). (San Francisco Superior Court)
  • In case involving trust restatement procured through alleged undue influence by son, negotiated stipulation one month prior to trial pursuant to which son: (1) admitted his mother lacked legal capacity to sign the instrument and/or that he unduly influenced her into signing it; (2) the instrument would be treated as invalidated, and the trust assets would be distributed pursuant to the predecessor trust; and (3) agreed to fully reimburse client’s attorneys’ fees and costs (Orange County Superior Court)
  • Achieved high six figure settlement on behalf of conservator in elder abuse action against individuals who manipulated property out of elderly man. (San Francisco Superior Court)
  • Prevailed at two-week trial in seven-figure undue influence and financial elder abuse case; probate judge invalidated deed that transferred elder’s home to relative and awarded double damages against relative for transfers made from elder’s bank accounts. (San Mateo County Superior Court)
  • Secured victory at trial on behalf of petitioners seeking to invalidate trust amendment obtained by undue influence; trial judge voided trust amendment and awarded attorneys’ fees to clients. (Napa County Superior Court)
  • Successfully defended trust instrument against attack on grounds of undue influence and incapacity; following trial, judge rejected petitioner’s challenges. (San Mateo County Superior Court)
  • Achieved high-six figure settlement on behalf of children in case alleging deceased father’s second wife manipulated dying father into signing trust amendment disinheriting children. (Santa Cruz County Superior Court)
  • Successfully defended trustee against breach of fiduciary duty and trustee removal claims brought by trust beneficiary; after year of litigation, petitioner dismissed case in exchange for payment amounting to less than 10% of claimed damages. (San Francisco Superior Court)
  • Secured removal of executor on behalf of estate beneficiary clients based on showing of executor’s failure to discharge duties, stonewalling beneficiaries in their requests for information, and selling estate assets without notice to beneficiaries. (San Mateo County Superior Court)
  • Successfully defended trustee against breach of fiduciary duty and accounting claims brought by trust beneficiary; settlement reached after six days of trial with plaintiff accepting in settlement 12% of claimed damages. (Contra Costa County Superior Court)
  • Obtained court order suspending trustee’s powers and appointing client as trustee following proof of initial trustee’s hostile conduct toward trust beneficiaries, use of trust assets for trustee’s own benefit, and failure to report information or provide accounting. (Santa Clara County Superior Court)
  • Successfully defended trustee against sibling’s claim that deceased father had breached contract to make a will benefiting sibling; on eve of trial, brother dismissed case with no payment beyond that to which he was already entitled under trust. (Santa Clara County Superior Court)
  • Successfully defended trust agreement on behalf of trustee/second wife of decedent, against trust contest brought by decedent’s child from first marriage. Contestant dismissed case one month prior to trial with no payment, and attorneys’ fees that the contestant caused the trustee to incur were charged against contestant’s share of the trust. (San Mateo County Superior Court)
  • Preserved client’s father’s estate plan against “pre-death trust contest” brought by client’s sibling. (Santa Clara County Superior Court)
  • Invalidated trust amendment signed by incompetent elder; trial court authorized payment of client’s attorneys’ fees out of trust. (Santa Clara Superior Court)

 
Academic Credentials

  • J.D., cum laude, University of California, Hastings College of the Law, 2002
    Senior Editor, Hastings Law Journal
  • B.A., Law and Society, with high honors, University of California, Santa Barbara, 1997

 
Other

  • President, San Carlos Little League
  • Vice President, Parks and Recreation Foundation of San Carlos
  • Division I pitcher at UCSB