Kimberly D. Neilson
Top rated Estate & Trust Litigation attorney in San Diego, CaliforniaFrisella Neilson, APC
Kimberly D. Neilson is an attorney with Frisella Law, APC, located in San Diego, California. Serving clients throughout the state of California, Ms. Neilson focuses her practice on trust administration and litigation, elder financial abuse litigation, estate administration and probate, beneficiary representation, conservatorships and guardianships, and estate planning.
Ms. Neilson handles numerous matters in Probate Courts all over California. Examples include litigation involving lack of capacity in trust execution, undue influence exerted over the trustor to convince the trustor to dispose of his or her assets in a manner which would not have occurred but for the undue influence, determination of the right to inherit by a step-child, determination of the right to inherit by a child from a second family when the first family was not aware of the second family, contested conservatorship matters, and will forgeries or lack of proper execution, to name a few.
A 1998 Honors graduate of the University of Tulsa with a Bachelor of Arts in psychology, Ms. Neilson obtained her Juris Doctor from the University of San Diego School of Law in 2001. Also in 2001, The State Bar of California admitted her to practice, and she is also admitted to practice before all U.S. District Courts in California, as well as before the U.S. Court of Appeals for the Ninth Circuit.
Throughout her legal career, Ms. Neilson has litigated numerous matters in civil court. She has handled complex civil litigation cases involving consumer law, employment law, and wage and hour disputes. She also has extensive experience handling consumer class actions and collective actions. A fierce advocate for those less fortunate, she was instrumental in helping to obtain a positive verdict on behalf of low-income residents dealing with a local rent control ordinance violation, and she successfully represented San Diego's homeless population in a lawsuit involving illegal lodging tickets.
Active in her legal community, Ms. Neilson is a member of The State Bar of California, the San Diego County Bar Association, the Lawyers Club of San Diego, the Consumer Attorneys of San Diego and the Probate Attorneys of San Diego. In addition to her legal practice, she also gives back to the community in which she lives, and she volunteers her time and services with Voices of Children, a nonprofit devoted to advocating for the rights and best interests of foster children in the dependency courts. In addition to advocating on behalf of the youth and simply being a consistent person in the child's life, she is an active member of the VFC Community Outreach Committee. In that role, she has given presentations regarding the positive impact of a CASA at a number of community events and meetings and has been a frequent speaker at Voices for Children's new volunteer trainings.
Ms. Neilson has successfully litigated matters throughout the state, including financial elder abuse, contested conservatorships and guardianships, heirship determinations, breach of fiduciary duty, actions to remove trustees, power of attorney violations, accounting actions, and numerous trust and estate related matters. Recently Ms. Neilson successfully tried an elder financial abuse case in front of a jury. As part of the litigation, Ms. Neilson was able to recover real property and cash on behalf of the estate. The jury returned a unanimous decision on liability and punitive damages.
Ms. Neilson practices throughout the state of California litigating matters thoughout various counties in California, including but not limited to San Diego, San Mateo, Santa Clara, San Francisco, Alameda, Orange, Imperial, Los Angeles, Riverside, San Bernardino, Butte, and Sacramento.
Practice areasEstate & Trust Litigation, Elder Law, Estate Planning & Probate
Guardianships & Conservatorships, Power of Attorney, Probate & Estate Administration, Will Contests
- 50% Estate & Trust Litigation
- 30% Elder Law
- 20% Estate Planning & Probate
First Admitted: 2001, California
Professional Webpage: https://www.frisellalaw.com/attorney/kimberly-d-neilson/
- California State Bar
- Probate Attorneys of San Diego
- Consumer Attorneys of San Diego
- U.S. Court of Appeals 9th Circuit
- U.S. District Court Northern District of California
- U.S. District Court Eastern District of California
- U.S. District Court Central District of California
- U.S. District Court Southern District of California
- San Diego County Bar Association
- University of Tulsa, B.A., Major: Psychology, Honors: Graduated With Honors, 1998
- San Diego Rising Star, Super Lawyers, 2015
- Butte County - In representing the Defendant in a conversion action (concurrently with a trust matter which was being litigated against the Defendant in Los Angeles County), the Plaintiff dismissed his Complaint the business day before the trial was scheduled to begin. As a result of the dismissal, the Defendant obtained a judgment for costs and unpaid discovery sanctions. , 2017
- San Diego County - successfully defended an estate against a creditor’s claim in a multi-day civil bench trial. , 2020
- San Francisco County - Settled a will contest on the day of trial. , 2016
- San Mateo - Settled a trust invalidation action on the first day of an anticipated five day trial. , 2019
- San Diego County - obtained guardianship in Probate Court in a contested matter. , 2019
- San Diego County - obtained conservatorship in Probate Court in a contested matter. , 2018
- Imperial County - Jury verdict for elder financial abuse with punitive damages awarded. During the trial, the parties stipulated to return of the real property to the estate. The Court additionally awarded double damages, attorney's fees and costs. , 2019
- Court Appointed Attorney, 2020
- Lawyers Club of San Diego
- Voices for Children, Volunteer, 2004
Office location for Kimberly D. Neilson
2139 First Avenue
San Diego, CA 92101
- Super Lawyers: 2022 - 2023
- Rising Stars: 2015