Benjamin H. Eagleton

Benjamin H. Eagleton

Attorney Profile

Top Rated Estate & Trust Litigation Attorney in Gold River, CA

BPE Law Group, P.C.
 | 2339 Gold Meadow Way, Suite 101
Gold River, CA 95670
Phone: 916-966-2260
Fax: 916-346-4880
Selected to Rising Stars: 2019
Licensed Since: 2017
Practice Areas:
  • Estate & Trust Litigation (30%),
  • Estate Planning & Probate (30%),
  • Real Estate: Consumer (20%),
  • Elder Law (20%)
Attorney Profile

Ben is a full-service Estate Law practitioner, who handles Estate Planning, Estate Administration, Estate Litigation and Elder Law.  Ben’s field of practice, in large part, focuses on the legal needs of individuals and their family members when planning for their own estates, and/or transitioning through the loss or incapacity of a loved one.  It is a practice area that Ben finds both intellectually stimulating and also rewarding in that he is able to guide his clients through major life changes and truly tough times.

 

Since 2010, Ben has drafted countless Estate Plans and administered and settled hundreds of Estates and Trusts.  In 2013 Ben joined BPE Law’s accomplished team of litigators and his acumen in Pre-trial litigation, Law in Motion Practice, Business Law, and Real Property Law were all refined.

Ben’s legal career began shortly after he moved to California from Pennsylvania in 2009.  Around that time, he acquired a Paralegal credential which allowed
him to work full-time in the fields of Estate Law and Probate Litigation by day, and to earn his Juris Doctor from Lincoln Law School of Sacramento by night.  Also during law school, Ben began and now continues post-graduate Gerontology and Elder Advocacy studies.  As well, he was trained as a Long-Term Care Ombudsman inspecting Residential Care Facilities for the Elderly, Board and Care facilities, and Skilled Nursing Facilities.

 

Ben’s Estate Law experience, Ombudsman training, and background in Gerontology and Elder Advocacy allows him to provide his clients with valuable and unique insights into all things related to aging in California.

Primary Practice Areas Include:

     –  Wills/Trusts and Estate Planning
     –  Elder Law
     –  Conservatorships
     –  Estate and Trust Administration
s
     –  Probate and Trust Litigation
     –  Financial Elder Abuse

In Court, Ben has represented the interests of Executors, Administrators, Beneficiaries/Heirs, Conservators, Property Owners, and Creditors in various stages of litigation. 
Some Litigation Examples Include

     –  Successfully representing Personal Representatives Petitioning for, and Opposing Removal;
     – 
Litigating for and against Proponents and Opponents in Will Contests;
     – 
Litigating Ownership Interests in complex Partition and Accounting suits over Inherited Real Property;
     – 
Representing Trustees in Heggstad Petitions to Transfer Property, using Probate Code §§ 850 and 17200, et seq.; 
     –  Successfully representing Conservators in Conservatorship Proceedings; 

     –  Obtaining Orders Granting Petitions for Substituted Judgments in Conservatorship proceedings;
     – 
Litigating with Heirs in Petitions to Determine Entitlement to Estate Distributions;
     – 
Successfully Defending and Objecting to Fiduciary Accountings;

     –  Litigating Petitions to Surcharge Personal Representatives, and Obtaining Surcharge Order;

     –  Litigating Petitions for Removal and Suspension of Powers;

     –  Successfully Litigating Disputes over Modular Homes Permanently Affixed to Real Property; and,

     –  Defending Beneficiaries in Elder Abuse Litigation, and Petitions to Modify Trust.  

 

Elder Advocacy Outside the Office:

Ben advocates for California’s aging population by serving on the Placer County Older Adult Advisory Commission where he advises the County Board of Supervisors and the Department of Health and Human Services on matters relating to aging residents of Placer County. As well, he has served on the Agency on Aging, Area IV as an Advisory Council member which is the principal advocate body in our region for our aging population.  Ben’s role included sitting on the Joint Evaluations Committee, and reviewing the performances of all businesses and entities in the Area receiving large grants for Senior Services.  Most recently, as a Community Educator, Ben lectured on behalf of the Alzheimer’s Association of Northern California and Northern Nevada at the Roseville Police Department.

 

Associations/Committees:

     –  American Bar Association

     –  California Bar Association, Trusts & Estates Section
     –  Placer County Bar Association, Estate Planning & Probate Section

     –  American River College, Legal Assisting Advisory Committee 
     –  Placer County Older Adult Advisory Commission

 

Volunteer Work:

     –  American River College, Gerontology Guest Lecturer
     –  American River College, Paralegal Studies Guest Lecturer
     –  MTI College, Paralegal Studies Guest Lecturer
     –  The Courte at Citrus Heights, Validation Therapy
     –  Precinct Judge, Placer County Elections Office
     –  Alzheimer’s Association – Northern California and Northern Nevada
, Community Educator

 

Leisure Time:
In his free time, Ben enjoys boating, climbing 14,000 ft. summits in the Sierra Nevada (most recently Mt. Whitney the tallest mountain in the continental United States), scuba diving
along California’s coastline, traveling, sampling the grape all over the West Coast, and spending time with his fiancé.   

About Benjamin Eagleton

Admitted: 2017, California

Professional Webpage: http://www.bpelaw.com/attorneys/ben-eagleton/

Pro bono/Community Service:

  • Placer County Elections Office, Precinct Judge - June 2018 Primary Elecion, 2018
  • Agency on Aging, Area IV - Joint Evaluations Committee
  • The Courte at Citrus Heights, 2018
  • Placer County Older Adult Advisory Commission
  • The Courte at Citrus Heights, 2017
  • American River College Paralegal Studies Advisory Committee
  • Agency on Aging, Area IV - Advisory Council

Scholarly Lectures/Writings:

  • Gerontology, Legal Issues involved with long-term care. Focus on Probate, Conservatorships, Wills, Trusts, Powers of Attorney for Financial Management, the California Advanced Health Care Directive, and End-of-Life Decisions. Gerontology is the study of human growth and development during adulthood. It includes the psychological and physiological changes that touch each individual, as well as, the social implications that flow from these changes.  American River College's Gerontology Department has gained a reputation as a leader in gerontology studies and has been awarded National Program of Merit Status by the Association for Gerontology in Higher Education. , Guest Lecturer, Fall Semester - Conservatorships, Wills, Trusts, Powers of Attorney and End-of-Life Decisions, American River College, 2017
  • Gerontology, Sociology of Aging: This course examines the aged and aging process with emphasis on social factors affecting and affected by an aging population. It includes an analysis of demographics, history of aging in America, social conditions, legal planning, resources and support systems, employment, retirement, and social class/cultural differences.  American River College's Gerontology Department has gained a reputation as a leader in gerontology studies and has been awarded National Program of Merit Status by the Association for Gerontology in Higher Education. , Guest Lecturer, Fall Semester - Legal Planning and Conservatorship Concentration, 2018
  • Gerontology, Sociology of Aging: This course examines the aged and aging process with emphasis on social factors affecting and affected by an aging population. It includes an analysis of demographics, history of aging in America, social conditions, legal planning, resources and support systems, employment, retirement, and social class/cultural differences.  American River College's Gerontology Department has gained a reputation as a leader in gerontology studies and has been awarded National Program of Merit Status by the Association for Gerontology in Higher Education. , Guest Lecturer, Spring Semester - Legal Planning and Conservatorships, American River College, 2018
  • Paralegal StudiesIntroduction to Law:  This course introduces students to the American legal system, its history, and function. It provides an overview of several important areas of law such as torts and crimes and the legal assistant’s role in the system. Emphasis on lecture included practice areas of Estate Planning, Probate, Elder Law and Conservatorships.  The American River College program is approved by the American Bar Association, and has been preparing students for legal careers as Paralegals and Legal Assistants for over 30 years providing substantive and procedural training in the practice fields of civil litivation, legal research, legal writing, contracts, torts and many others., Guest Lecturer, Spring Semester - Estate Planning, Probate, Elder Law and Conservatorships, American River College, 2018
  • Paralegal Studies, Third Quarter: Practical lecture concerning Estate Planning, Probate, Trust Administration Practice, Conservatorships in California and the Role of Paralegals in practice. Reviewed skill sets necessary to excel, and best practices to prepare future paralegals and/or attorneys for successful careers., Guest Lecturer, Third Quarter - Estate Planning, Probate, Elder Law and Conservatorships, MTI College, 2018
  • Estate Planning, Probate & Trusts, Home Buyers' Seminar.  Featuring Vanessa Mosby and The Integrity Real Estate Group on the Buyers Options and the Buying Process, Benjamin H. Eagleton, Esq. of the BPE Law Group, P.C. on Estate Planning, Probate and Trusts, and the Frank Monaco, Jr. of Mortgage Lending on Loan Options and Refinancing.  Coldwell Banker Residential Brokerage.  July, 2018, Lecturer, Coldwell Banker Residential Brokerage - Estate Planning, Probate & Trusts, 2018

Newsletters:

  • Introduction to California Probate - Part 4(b) Who owes the Estate money? What duty does the Personal Representative have to collect debts owed? Part of Marshalling the Estate includes identifying, pursuing, and timely collecting on valid debts of the Estate. Unpaid loan balances, Pending litigation, Judgments in civil lawsuits, Unlawful detainer matters, and Advancements on inheritances, all are common examples…, Introduction to California Probate - Part 4(b)
  • Joint Bank Accounts: Are Your Accounts Properly Titled? A hotly litigated issue and one that California courts have long grappled with: “When an elderly person with a joint bank account dies, does the account belong to the decedent’s estate or does it belong to the additional signer as a co-owner?”, Joint Bank Accounts: Are Your Accounts Properly Titled?
  • Introduction to California Probate - Part 2 of 6 "As discussed in my last article, depending on the type of property and its value, a Court order and formal Probate proceeding may be necessary. Specifically, real property (a house, condo, apartment, and vacant land) which is valued at or above $50,000 and personal property (jewelry, bank accounts, and securities) exceeding $150,000 of value will require a formal proceeding assuming a Non-Probate Transfer does not apply. If a formal proceeding is needed- curb that knee-jerk reaction. This is not terrible news.", Introduction to California Probate - Part 2
  • Introduction to California Probate - Part 4(c) Debts and taxes owed by the Estate are both liabilities however they are handled quite differently from one another in the Probate process. While taxes must be paid from available assets of the Estate, the Personal Representative needs to be cognizant and should not pay unsecured debts until a claim is timely filed in the Probate Proceeding. Showing preference in paying debts can turn into a big mess., Introduction to California Probate - Part 4(c)
  • Introduction to California Probate - Part 4(a) According to Probate Code §9650, the Personal Representative has a right to, and shall take possession or control of, all the property of a deceased person's estate. As well, the Personal Representative has a right to collect all debts that are due to the deceased person (or the deceased person's estate). The term "Marshalling" is a technical one- it means to collect, to organize and to inventory all assets. Really this is one of the most important jobs in the Probate process., Introduction to California Probate - Part 4(a)
  • Introduction to California Probate - Part 3 of 6 By filing the Petition for Probate, a formal proceeding will commence.  So then, what happens next?  If you’ve retained a Probate Attorney, he or she will take on some preliminary administrative tasks to ensure that the proposed personal representative, e.g. an Executor or Administrator as dictated by the circumstances, is successfully appointed at the scheduled hearing. , Introduction to California Probate – Part 3 of 6
  • Introduction to California Probate - Part 1 of 6 Most people, in one way or another have been involved in, or know someone who has been involved in a Probate proceeding. However, unless you're a Probate Attorney, it's a process that you likely only go through once or twice in a lifetime. Many of my clients have a knee-jerk reaction to Probate- "it should be avoided at any cost and it's terrible!", Introduction to California Probate - Part 1 of 6

Educational Background:

  • American River College, Paralegal Studies
  • Clarion University of Pennsylvana, Political Science and Pre-Law
  • Lincoln Law School of Sacramento, Juris Doctor
  • American River College, Gerontology and Elder Advocacy

Industry Groups

  • Elder Law
  • Litigation
  • Probate
  • Real Property Law
  • Wills & Trusts
Office Location for Benjamin H. Eagleton

2339 Gold Meadow Way
Suite 101
Gold River, CA 95670

Benjamin H. Eagleton:

Last Updated: 6/11/2019

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