Partner
Trusts and estates attorney advising fiduciaries, families, and business owners when legal complexity intersects with high-stakes decisions.
Ben Schwefel is a partner at Murtaugh LLP and advises fiduciaries, families, business owners, and nonprofit organizations on trust and estate matters where legal complexity intersects with real-world decision-making. His practice spans estate planning, trust administration, and trust and estate litigation, allowing him to guide clients through the full lifecycle of wealth transfer, business succession, and dispute.
He is often brought in when situations become sensitive or high-stakes, including breakdowns between beneficiaries, scrutiny of fiduciary decisions, or estates involving closely held businesses, significant real estate holdings, or charitable interests. Ben frequently works with business owners in advance of liquidity events, helping them evaluate and implement estate planning strategies prior to a sale to preserve wealth and maximize available tax efficiencies.
His approach is informed by both planning and litigation experience. Ben takes a pragmatic view of conflict, recognizing that prolonged disputes often create more cost and friction than value. Whether advising on estate planning, trust administration, or active disputes, he helps clients make thoughtful, defensible decisions with an emphasis on reducing risk, preserving relationships where possible, and positioning matters for efficient resolution. Clients rely on him not only for legal analysis, but for practical judgment, strategic thinking, and a steady focus on long-term outcomes.
Represented a large charitable foundation in a trust litigation matter involving competing claims among multiple charitable beneficiaries in a trust estate valued in excess of $50 million, addressing distribution rights, fiduciary obligations, and governance issues.
Represented a trustee in litigation challenging a revocable transfer on death deed based on alleged forgery. Tried the matter in Orange County Superior Court, obtaining a statement of decision awarding double damages under Probate Code section 859, followed by a negotiated post-trial resolution and successful opposition to a motion to set aside the settlement, resulting in an award of attorneys’ fees.
Represented a trustee in litigation challenging a revocable transfer on death deed based on alleged forgery. Tried the matter in Orange County Superior Court, obtaining a statement of decision awarding double damages under Probate Code section 859, followed by a negotiated post-trial resolution and successful opposition to a motion to set aside the settlement, resulting in an award of attorneys’ fees.
Advised settlors with a taxable estate exceeding $200 million on advanced estate planning strategies, including lifetime transfers to dynasty trusts designed to maximize estate and gift tax exemptions and preserve multi-generational wealth.
Represented a client in the preparation of a foundational estate plan in connection with the sale of a closely held business to private equity for consideration exceeding $30 million, coordinating with tax and corporate advisors to align planning with transaction objectives.
Advised multiple generations of a family with ownership interests in a closely held partnership holding more than $100 million in real estate assets on long-term estate and succession planning, including governance and transfer strategies.
Advised successor co-trustees in the administration of a taxable $40 million estate, including management of a Qualified Domestic Trust (QDOT), satisfaction of specific bequests, funding of sub-trusts, and representation of the fiduciaries in an Internal Revenue Service audit of the estate tax return.
Advised a professional fiduciary in the administration of a trust estate exceeding $40 million from the settlor’s lifetime through post-death administration, involving an operating business, multiple real estate holdings, employee issues, disputes with a former business partner, and matters relating to a private foundation.
Represented a co-trustee and beneficiary in a contested trust administration involving a trust estate exceeding $50 million, including negotiation of a stipulated appointment of a corporate trustee and advising through a high-conflict administration among multiple beneficiaries.
Ben is actively involved in the trusts and estates bar in California and is a Certified Specialist in Estate Planning, Trust and Probate Law by the State Bar of California. He currently serves on the Executive Committee of the Trusts and Estates Section (TEXCOM) of the California Lawyers Association, where he contributes to education, programming, and initiatives aimed at advancing the profession. As part of his involvement, he participates in the section’s law school outreach program, visiting at least three law schools each year to introduce students to careers in trusts and estates and help build the next generation of practitioners. He has also hosted episodes of the Trust Me! podcast, contributing to broader education and discussion within the trusts and estates community.
Prior to his service on TEXCOM, Ben served on the Executive Committee of the New Lawyers Section of the California Lawyers Association, including as Education Chair during the final two years of his term, where he helped develop and deliver programming for early-career attorneys across the state.
Ben regularly speaks on trust and estate topics for professional and educational organizations, including Continuing Education of the Bar (CEB), Justia, BARBRI, and the Professional Fiduciary Association of California, including presentations for the Orange County chapter and at the organization’s Annual Educational Conference.
Ben lives in Orange County with his wife — his high school sweetheart — and their daughter. He is the first lawyer in his family and previously played collegiate baseball. Outside the office, he enjoys golf, exploring new restaurants, and following Formula 1.
If you have questions or want to explore potential opportunities, we’d be glad to hear from you. Connect with our team to start the conversation, or learn more about what we offer and how we can support your goals.
