Business Transaction Business Litigation Trusts & Estates Intellectual Property Real Estate

Herbert A. Stroh

Attorney

Herbert A. Stroh
Attorney
805.541.2800

Herb Stroh’s practice concentrates in the areas of estate planning, trust, probate conservatorships, and trust litigation. He joined the firm of Sinsheimer Juhnke McIvor & Stroh, LLP in 2005 and became a principal in the firm on July 1, 2007.

Mr. Stroh is a Certified Specialist in Estate Planning, Trust, and Probate by the State Bar of California Board of Legal Specialization. He received his bachelor’s degree from the University of California, Los Angeles, in 1981, and his J.D. degree from Loyola Law School in 1985.He obtained an LLM in tax from the University of San Diego Law School in 2000.

In 1988 Mr. Stroh became a partner in the law firm of Whitesell & Stroh and practiced in Glendale until joining Sinsheimer Juhnke McIvor & Stroh, LLP in 2005.His practice is entirely in the field of trusts and estates.

Mr. Stroh became a member of the Executive Committee of the Trusts and Estates Section (“TEXCOM”) of the California Lawyer’s Association in the Fall of 2010. He is past chair of TEXCOM, past Co-Chair of the Litigation Subcommittee, past Co-Chair of the Incapacity Subcommittee and past Chair of the CCBA Subcommittee.He currently is Chair of the Nominating Subcommittee. He also served as Managing Editor for a special edition of what was then the State Bar of California Trust and Estates Quarterly focusing on elder law.

TEXCOM reviews all proposed state legislation which concerns or relates to the trust and estate field. Proposed bills are assigned to subcommittees for review, monitoring, and when appropriate, development of positions for or against pending bills.TEXCOM is frequently called upon for its technical expertise in regard to bill language and possible unintended consequences. Mr. Stroh was instrumental in authoring and shepherding through the legislative process a bill concerning the commencement of discovery in trust and estate litigation that was chaptered in 2017.

Mr. Stroh’s litigation experience is in all aspects of trust, probate, conservatorship, and guardianship conflict resolution. He has handled hundreds of trust and estate disputes during his career.
His representative accomplishments include the following:

  • Defended trustee in elder abuse and breach of fiduciary claim of beneficiaries;
  • Represented beneficiaries in action to surcharge trustee for breach of fiduciary duties;
  • Represented trustee/beneficiary in action to interpret trust instrument;
  • Represented petitioner in a two-day jury trial to establish conservatorship of the person and estate over petitioner’s father;
  • Represented conservator in extensive and ongoing conservatorship litigation, including three rulings that went up on appeal;
  • Successfully obtained admission to probate of hotly contested holographic will;
  • Successfully represented beneficiary in action to remove personal representative and obtain appointment of Mr. Stroh’s client as the successor representative; and
  • Represented minor through trial and appeal to successfully restore misappropriated funds to the minor’s guardianship estate

Mr. Stroh has also served over the past 28 years as court-appointed counsel representing proposed conservatees and minors in proceedings in Los Angeles, Riverside, and San Luis Obispo Counties.

Mr. Stroh has extensive experience in estate planning issues as well. He has prepared estate plans utilizing techniques of entity creation, fractional discounting, charitable remainder trusts, and insurance trusts to reduce transfer taxes. He has assisted clients in developing business succession plans for
multi-million dollar family businesses, addressing liquidity and long-term management issues. He has experience in creating both first-party and third party special needs trusts designed to protect beneficiary benefits. Mr. Stroh also has experience in the unique planning needs of sole professionals, such as attorneys, physicians, and other licensed individuals.

Regarding administration, Mr. Stroh has assisted clients in administering a wide variety of assets.
These include administration of business, farming, ranching, bail bonds, and other unique assets. He has assisted in the administration of estates of attorneys whose practices had to be wound down for the protection of both clients and other beneficiaries. He has been appointed to serve as a practice administrator to close the practice of a solo attorney after 40+ years in practice. He has prepared estate and gift tax returns, including complex returns with multiple real estate, business, and mineral interests. Mr. Stroh has represented clients in tax disputes with the Internal Revenue Service.

Mr. Stroh completed training at the San Diego Mediation Center qualifying him to serve on the Los Angeles County Probate Mediation Panel. He has taken the six-day course “Mediating the Litigated Case” from Pepperdine’s Straus Institute for Dispute Resolution, and has served as a mediator in trust and estate disputes both in Los Angeles and San Luis Obispo counties.

Mr. Stroh has served the Los Angeles Superior Court as Judge Pro Tem, has volunteered as a Settlement Officer in the “CRASH” Settlement Program, and has acted as arbitrator in superior court proceedings and fee disputes arbitrations. While in Los Angeles County, Herb regularly volunteered his time as a judge pro tem hearing small claims proceedings and occasionally law and motion matters for vacationing judges.

PUBLICATIONS

Title

Publisher

“Practice Makes Perfect: Practical Issues for the Practice Administrator”

State Bar of California, Trust and Estate Quarterly

“There is No Place Like Home: Exclusion of Gain from the Sale of a Principal Residence”

San Luis Obispo County Bar Association

“Creditor’s Claims Procedures”

San Luis Obispo County Bar Association

“Creditor’s Claims Procedures”

Glendale Bar Association

“To Protect and To Conserve: Conservation Easements as Flexible Planning Device”

Los Angeles Lawyer

PROGRAMS AND COURSES

Organization

Topic

Place

Date

State Bar of California

“Should Your Client Sign That? Helping You Survive Your Client’s Changing Capacity”

San Francisco, San Diego

2016

American College of Trust and Estate Counsel

“Planning for the Unplanned Retirement of the Sole Practitioner”

Las Vegas, NV

3/19/16

3/20/16

Sacramento Estate Plan Counsel

“Should Your Client Sign That? Helping You Survive Your Client’s Changing Capacity.”

Sacramento, CA

03/25/15

CEB

Current Developments in Trust and Estates

San Luis Obispo, CA

1/18/14

San Luis Obispo Bar Association

Disaster Planning for the Solo Attorney

San Luis Obispo, CA

11/21/13

Cal. State Bar Office of

Education

Sacramento Bar Assoc.;

Alameda Bar Assoc.

UCLA/CEB Estate

Planning Institute

Planning for the Death or Disability of the Solo Attorney

Los Angeles, CA

Sacramento, CA

Alameda, CA

Los Angeles, CA

6/20/13

5/18/10

6/3/09

5/15/09

Estate Planning Council of

San Luis Obispo

Recent Developments in Estate Planning, Estate Tax and Administration

San Luis Obispo, CA

3/10/11

National Business Institute

The Probate Process From Start to Finish

San Luis Obispo, CA

12/8/10

Glendale Bar Assoc.

CEB

CEB

CEB

Estate Planning for Unmarried Partners

Glendale, CA

Los Angeles, CA

Garden Grove, CA

San Francisco, CA

12/07

11/9/07

11/2/07

10/24/07

Glendale Bar

Asset Protection Planning

Glendale, CA

2005

Glendale Bar

Administering Properties with Hazardous Waste

Glendale, CA

2003

Professional Affiliations:

* American College of Trust and Estate Counsel (Fellow)
* California Lawyers Association, Executive Committee, Section of Trusts and Estates (“TEXCOM”) (Past Chair, Past Co-Chair of the Incapacity Subcommittee, Past Co-Chair of the Litigation Subcommittee, Past Chair Conference of California Bar Associations Subcommittee, Chair of the Nominating Subcommittee, Member Long Range Planning Subcommittee). TEXCOM has over 6,400 members throughout the State
California Lawyers Association (“CLA”), Representative for the Trusts and Estates Section. Member of CLA’s Governmental Affairs Committee and Policies Committee. The CLA is the second largest bar association in the United States.
* San Luis Obispo Trust and Estate Section, (Board Member, Member)
* Estate Planning Council of San Luis Obispo County (Past Member,Director/President 2008­-2009)
* San Luis Obispo County Bar Association (Past President, Trustee)
* San Luis Obispo Law Library (Past Board Member)
* Glendale Bar Association (Past Member/Treasurer/Trustee)

Community Affiliations:

* Rotary Club of Cambria Sunrise Centennial (Past Director, Past President, Past Foundation Chair, past member)
* Hospice of San Luis Obispo County (Past President, Treasurer, Director)
* The Land Conservancy of San Luis Obispo County (Past Director, Member of Lands Committee)
* Sierra Madre Mountain Conservancy, 1992 to 2005 (Past Member/President)
* Carrizo Plains Conservancy (Vice President, Director)
* West Glendale Gateway Kiwanis Club (Past Member/Director/President)
* California Parks Ministry (Past Director)

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