Freeman, Freeman & Smiley LLP

Professional Details

Rebekah E. Swan, Senior Counsel

Rebekah E. Swan practices in the areas of fiduciary, estate, trust and conservatorship litigation and administration, including matters involving claims of breach of fiduciary duty, undue influence, surcharge and financial elder abuse.  

Ms. Swan has extensive experience in handling a wide variety of complex trust and estate litigation matters, including trust and will contests, disputes between trustees or executors and beneficiaries, disputes concerning fiduciary and conservator appointments, fiduciary accountings and surcharge issues, contested conservatorship matters, and trust and will interpretation matters.  She often resolves and settles disputes through mediation.  Additionally, she has broad experience in handling estate, trust and conservatorship administration matters.

Ms. Swan has been involved in numerous disputes over accounting irregularities and significant surcharge disputes that were successfully litigated, as well as many trust, estate and conservatorship disputes that resulted in the successful resolution of years of litigation between feuding siblings, other family members, trustees and beneficiaries.

Ms. Swan practices before the Probate Court, as well as the civil courts and the California Court of Appeals.  She is frequently appointed by the Probate Court of the Los Angeles Superior Court to represent individuals in conservatorship proceedings.  

Ms. Swan has been selected by her peers for inclusion in the 2019 edition of Best Lawyers in America® in the field of Trusts and Estates Litigation.

Professional & Community Involvement

  • Los Angeles County Bar Association | Trust and Estate Section 
  • Beverly Hills Bar Association | Trust and Estate Section
  • The Webb Schools | Planned Giving Advisory Council 
  • Westside Neighborhood School | Board of Trustees | Co-Chair Legal Committee | 2007-2013

Representative Clients and Matters

  • Represented high profile musician’s conservator.
  • Successfully defended clients against restraining orders imposed on them by individuals who were ultimately found to have been unduly influencing the client’s elderly family member;
  • Successfully represented co-trustees against a hired caregiver who secretly married the elderly trustor in an attempt to unduly influence him into changing his estate plan and leave his $15 million estate to her.  
  • Represented a beneficiary of an estate in recovering title to real property that was transferred out of the name of the decedent by an individual involved in an elder abuse scam.