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Marks, Finch, Thornton & Baird, LLP (858) 737-3100
Danielle C. Humphries, Attorney
Danielle C. Humphries practices in the areas of trusts and estate planning/probate, and business and commercial transactions. Specifically, her practice includes tax, business, and estate planning, and representing fiduciaries and beneficiaries in administrating trusts and estates and resolving trust and estate disputes. Ms. Humphries works closely with clients, as well as their families and professional advisors, to determine the clients’ estate and business planning objectives, related tax and non-tax issues, and devises and implements planning strategies which are tailored to achieve the clients’ individual needs and objectives. Ms. Humphries counsels clients with regard to the formation and operation of various business organizations, including limited partnerships, limited liability companies, and corporations. She also advises clients with regard to a wide range of estate planning vehicles, including family limited partnerships, irrevocable life insurance trusts, qualified personal residence trusts, defective grantor trusts, generation-skipping trusts, and wills and revocable living trusts with simple to complex distribution schemes as necessary to meet client needs. She lectures on topics such as irrevocable life insurance trusts, family limited partnerships, trustee selection, and post-death administration.
Ms. Humphries is admitted to practice before all California state courts and Texas state courts, and is a member of the State Bar of California, the State Bar of Texas, and the San Diego County Bar Association (Estate Planning and Taxation Sections). She received her juris doctor and LL.M. in Taxation from the University of San Diego School of Law, and her Bachelor of Arts in History from Southern Methodist University.
Representative Experience
Estate Plan for Married Couple with $100 Million Net Worth
2011: Devised comprehensive estate plan for married couple with $100 million net worth, incorporating estate tax minimization, dynasty trusts, life insurance trust, disability plan, business succession plan, trust committee, and no contest provisions tailored in anticipation of likely contest.
Estate Plan for Single Person Prior to Marriage
2011: Devised estate plan for single person engaged to be married, with goals of preserving separate property assets, making provision for children from former marriage and future spouse, and minimizing conflict among children and future spouse.
Business Continuity and Succession Plans
2011: Counseled construction business owners in devising continuity and succession plans for their businesses and satisfying bonding company requirements.
Estate Tax Payment Planning
2011: Represented client in devising tax-efficient plan to pay multi-million dollar estate tax.
Fiduciary Representation
2011: Advised corporate and individual trustees in administering complex trusts and minimizing liability related to administration and distribution.
Breach of Trust and Surcharge Petition Against Corporate Fiduciary
2011: Petitioned for breach of trust, removal, and surcharge against a corporate trustee, succeeding in compelling a multi-million dollar distribution and resolving the dispute in a settlement favorable to the firm’s client.
Petition for Appointment of Beneficiary as Trustee of Multi-Million Dollar Trust
2011: Negotiated declination to serve of corporate trustee and succeeded in obtaining Court appointment of beneficiary as trustee of multi-million dollar trust.
Defend Breach of Trust and Surcharge Claims Against Beneficiary-Trustee
2011: Represented a beneficiary-trustee in defending breach of trust and surcharge claims, resulting in a settlement which preserved beneficiary-trustee’s distributive share of trust and receipt of non-probate assets.
Business Recapitalization and Sale of Stock to Defective Grantor Trust
2010: Represented client in recapitalizing stock in closely-held S corporations and transferring stock to defective grantor trusts for clients’ children, freezing value of appreciating stock for federal estate tax purposes, and retaining control of companies in clients.
Contested Petition for Construction of Trust
2010: Successfully petitioned for a construction of the decedent’s trust which resulted in several millions of dollars passing to the firm’s client. Overcoming allegations that the trust language directed one-half of the trust residue pass to another beneficiary, the firm used extrinsic evidence to show the decedent’s true intent was that the entire trust residue pass to the firm’s client.
Estate of Mary Alward Taylor San Diego Superior Court Case No. 37-2008-00152011-PR-PW-CTL
2009: The firm initiated a contest of a purported holographic codicil and successfully negotiated a settlement resulting in the firm’s client receiving the full amount she was entitled to receive under the decedent’s formal will.
In Re: the Harriet Kopp Trust San Diego Superior Court Case No. 37-2008-00152626-PR-TR-CTL
2009: The firm successfully petitioned the Court for a construction of the decedent’s trust which will result in over $4,000,000.00 passing to the firm’s client. Overcoming allegations that the trust language directed one-half of the trust residue pass to another beneficiary, the firm used extrinsic evidence to show the decedent’s true intent was that the entire trust residue pass to the firm’s client.
In the Matter of the Estate of Victor Manuel Andujo, Deceased Superior Court of the State of Arizona, Maricopa County Case No. PB2009-090108
2009: Three day bench trial regarding domicile of decedent and jurisdiction of probate court to administer decedent’s estate, resulting in vesting of inheritance rights by the firm’s clients in decedent’s California lottery winnings, and appointment of clients’ designee as personal representative.
Premarital Agreement
2009: Represented client in negotiating premarital agreement and securing substantial lifetime and post-death gifts from future spouse.
Probate Trial Over Proper Jurisdiction and Inheritance Rights
2009: Three-day bench trial regarding domicile of decedent and jurisdiction of probate court to administer decedent’s estate, resulting in vesting of inheritance rights in the firm’s clients in decedent’s California lottery winnings and appointment of clients’ designee as personal representative.
Will Contest
2008: Initiated a contest of a purported holographic codicil and successfully negotiated a settlement resulting in the firm’s client receiving the full amount she was entitled to receive under the decedent’s formal will.
