Kenneth H. Prochnow
was retained by the children of a Santa Clara County resident.
The children's mother was deceased; their father had remarried several times.
fourth wife, the father left the United States and he
was living abroad at the time of his
After the father's death, the widow/fourth wife funded the father's trust with assets of dubious and substantially overstated value.
filed suit on the children's behalf to secure their residual interest in the trust, and recorded a lis pendens on real property that was still held in the father's name.
After a Santa Clara County Superior Court trial, the children's claim against the fourth wife was upheld.
The father's liened property was sold and the proceeds of sale were applied to fund the family trust in the amount called for by the declaration of trust.
recovered prevailing party attorneys' fees for their clients in excess of $150,000 against the fourth wife, based upon her
resistance to the children's claim.
The fourth wife then filed a probate petition to drain the trust of its just-acquired assets, now claiming that those assets were required for her
support and maintenance.
Attorney Prochnow defended the trust and the children's interest in it against the fourth wife's claim, which was rejected after a second Superior Court trial.
In a recently resolved estate contest, Kenneth Prochnow
represented the stepchildren of a decedent.
The children's father had predeceased their stepmother.
will was never found and his
estate was not probated; the children received nothing at the time of his
The stepmother then created a personal services agreement with a caregiver that, if fully realized, would have given the caregiver all her
In addition, the stepmother later executed two wills, and a trust, leaving her
entire estate to her
surviving son and/or the caregiver.
was retained by the former spouse of a decedent; the deceased spouse left a purported trust leaving substantial assets to his
sister, brother and mother, despite alleged promises and assurances that his
assets would be left in trust for the son that he
had when married to the firm's client.
In a recent construction dispute, Kenneth Prochnow
was retained by a homeowner whose contractor had recorded a mechanics' lien against his
home for amounts allegedly due and owing under a home improvement contract.
In an employment dispute, Kenneth Prochnow
was retained by a brokerage firm employee who alleged that she
was wrongfully terminated by the brokerage firm and the registered representative for whom she
The brokerage firm petitioned to dismiss or stay the firm's civil action and its jury trial threat by claiming the benefit of an arbitration clause contained in the employment application the client had filled out at the time the brokerage firm hired her
, and signed again when she
changed jobs within the firm.
In an employment dispute, Robert Chiles and Kenneth Prochnow
were retained by the former employee of a Silicon Valley high-tech company.