Probate, Estate & Trust Litigation Attorneys Serving California & Texas
Protecting people, defending legacies. That’s RMO.
Practice Areas
At RMO, we are laser-focused on guiding our trustee, executor, beneficiary, heir, conservator and guardian clients through some of the most complex and emotionally charged issues life can throw them.
Trust litigation can arise for various reasons, such as disputes over the interpretation of the trust document, disagreements among beneficiaries, allegations of trustee misconduct or breach of fiduciary duty, challenges to the validity of the trust, or claims of undue influence. We can help you navigate trust disputes and fight for your inheritance.
When an individual dies with or without a will, you will likely go through the probate process. Probate can be overwhelming, especially while coping with the loss of a loved one. If you are involved in a probate dispute or you have concerns about a recently deceased loved one’s will or estate, let us help protect and claim your inheritance.
Oftentimes, elderly individuals can fall victim to manipulation and scams. Bad actors, be they caregivers, acquaintances, or family, possess the capacity to gradually assume authority over an elderly person’s essential requirements and finances. Through deceit, they can coerce seniors into relinquishing their assets and wealth. We can help restore these individuals’ finances or their intended final wishes.
Whether you are looking to protect a loved one through a conservatorship or guardianship, or if someone is seeking to establish an unnecessary conservatorship or guardianship for a loved one, we are here to help.
Our Awards
Clients We Serve
Trustees
We focus on providing comprehensive representation to trustees who may need guidance with trust administration or find themselves embroiled in trust disputes in California and Texas. RMO is dedicated to serving trustees with strategic legal counsel and zealous efficacy tailored to the unique challenges they face in these complex fiduciary roles.
Executors
We have the expertise to guide you through the appointment process, handling all of the paperwork and probate hearings so you don’t have to, walking you through your duties and responsibilities, preparing accountings, coordinating with tax and other professionals, and responding to beneficiaries so your estate and probate administration is worry-free, cost-effective, and efficient.
Beneficiaries
As a beneficiary, you have specific rights that need to be protected. Our probate litigation team is here to guide you through the complex trust, estate, or probate administration process. If you’re facing litigation or dealing with abuse from fiduciaries, or other beneficiaries, we are committed to safeguarding your interests and those of your loved ones.
Heirs
As an heir navigating the complexities of probate litigation, it’s crucial to understand your rights and what to expect. Our team has the experience to guide you through the process. We’re here to fight for what’s rightfully yours, protect you from misuse or abuse by fiduciaries and other parties, and ensure that your interests are defended every step of the way.
Spouses
Surviving spouses often have special inheritance rights under state probate laws, including priority as executor, the ability to seek a family allowance, pursue a spousal property petition, and in some states, community property rights. These complex rights, especially with prenuptial agreements or pending divorces, require legal guidance. If you are a surviving spouse, even if you were in the middle of a divorce at the time of death, we can help you.
Creditors
Creditors are people and businesses to whom a decedent owed money at the time of death. Creditors must act swiftly after a debtor dies to assert claims or their claims will be time-barred and lost. If you’re a creditor, you need to act swiftly to protect your rights.
Conservators
A conservatorship appoints someone to manage personal care or finances when an individual cannot do so themselves. This helps prevent undue influence and financial elder abuse. If you think you or a loved one needs help or has been or may become the victim of abuse, or if someone is seeking to establish an unnecessary conservatorship or guardianship for you or a loved one, we can help.
Guardians
A guardianship allows a court-appointed person to care for someone unable to manage their health or finances, protecting against undue influence and financial elder abuse. If you think you or a loved one needs help or has been or may become the victim of abuse, or if someone is seeking to establish an unnecessary conservatorship or guardianship for you or a loved one, we can help.
Scoott Rahn
Founding Partner
Scoott Rahn
Founding Partner
Scoott Rahn
Founding Partner
Scoott Rahn
Founding Partner
Scoott Rahn
Founding Partner
Scoott Rahn
Founding Partner
Scoott Rahn
Founding Partner
Scoott Rahn
Founding Partner
Scoott Rahn
Founding Partner
Scoott Rahn
Founding Partner
Scoott Rahn
Founding Partner
Scoott Rahn
Founding Partner
Meet Our Attorneys
Recognized as the best trust & probate attorneys, and even better people; our lawyers are recognized among the best and brightest probate dispute attorneys in the country, and our efforts in the courtroom are bested only by the quality of our people and the work we do serving our communities.
Client Testimonials
See what our clients have to say about working with us.
Direct, honest, and helpful in our conservatorship dispute!
“Absolute pleasure to deal with! I highly recommend Scott and RMO. They are direct, honest, and helpful, and guided my family in a conservatorship dispute. Honesty these days is harder and harder to come by and it’s much appreciated!”
True professionals who provide five-star service!
“For a person who did not know where to start in seeking guidance for my family’s estate and legacy, Patricia who was the intake specialist and Scott Rahn were an amazing introduction to this world! Their friendliness, willingness, and prompt responses/follow-ups were appreciated and timely. True professionals! I have them on my important people list to share with my friends and family who may need their services. Five star Service!”
Aggressive and Compassionate Advocacy
“Scott Rahn and his team are not just a zealous advocates but caring individuals. Scott has a great bedside manner and takes care of his clients who are often times in a very vulnerable position. I highly recommend Scott to anyone looking for an aggressive yet compassionate attorney.”
A Huge Advantage
“RMO lawyers represented me in a civil suit involving corporate fraud, profiteering, etc. This was a complex case involving many moving parts, while going up against one of the largest law firms in LA. They settled the case. During the term of the litigation, they treated my case as though they were the plaintiff. They work with utmost diligence, competence and care. Sean and Matt knew my case better than I did, They used great strategy and their knowledge of the law was a huge advantage to us. This case represented my life’s work, savings and wealth, going up against a monster. I am glad I trusted them with it.”
Utmost diligence in complex litigation.
“Talking with Mr. Rahn was truly uplifting! He had all of the qualities I was looking for in an attorney. I was truly surprised of how good of a listener he was. I was expecting him to just run through my issues, dish some false hope, and be done with our consultation, but that was not the case at all. We talked well beyond my allotted consultation time and I was offered valuable advice and even a remedy to my situation where lawyers before him were unable to do. I can’t say enough about this wonderful man and what he has done for my family. We can now breathe comfortably. Thank you Mr. Rahn.”
Scott Rahn guided me through a complex case.
“Scott Rahn is an expert in this area of law. I have an unscrupulous sister who moved my father to another state. My sister sold his home and drained his bank accounts. Scott helped and guided me through the process. I highly recommend him and without hesitation would refer him.”
Ready to Get Started?
Our probate attorneys focus on all types of trust and estate disputes. Whether you’re a trustee, executor, heir, or beneficiary we can help you resolve your probate dispute.
We Never Lose Sight Of Who You Are, Your Goals, and Your Bottom Line.
Every single thing we do is driven by our core values.
What does this mean for you and your case? We will take the time to hear you, to understand the family dynamics and personalities that drive your case, learn the facts, do the diligence, and construct a real-world strategy designed to drive your case to a better result sooner. You get a result that not only adds to your bottom line, but your peace of mind.
Lead With Empathy
We are here to help people. We genuinely value and support our clients, each other, and our communities. We treat everyone with dignity and respect.
Zealous Efficacy
We are committed to excellence. We are passionate about efficiently achieving better real-world results, sooner. We never lose sight of our clients’ bottom line.
Be Authentic
We honor our commitments to our clients, the firm, and one another. We hold ourselves and our colleagues accountable. We own our role in and responsibility for our mutual financial success. We do the right thing—always, every time, regardless of the consequences.
Stronger Together
We work together to achieve our individual, team, and client goals. We elevate our colleagues and our firm as a whole. We support advancement and celebrate achievement.
Our Proven Process
RMO Lawyers uses a proven process to ensure consistent, high-quality legal representation in each case. By applying this structured approach, we can effectively manage and address the specific needs of our clients, ensuring thorough and efficient handling of legal matters. This methodical process sets RMO Lawyers apart by providing reliable outcomes and maintaining a high standard of client service.
How RMO Provides RELIEF?
We thoroughly investigate the initial facts of your case to develop a comprehensive understanding of the people, documents, and events involved. Our meticulous review process includes the following steps:
- Detailed Fact-Finding: We conduct an in-depth analysis of all relevant facts and gather critical information to build a solid foundation for your case.
- Comprehensive Document Examination: Our team carefully reviews all pertinent documents to identify key details and insights that can impact the outcome of your case.
- Understanding Key Individuals: We delve into the backgrounds and roles of all involved parties to gain a clear perspective on the dynamics and relationships that may influence your case.
- Event Analysis: We meticulously reconstruct the timeline of events to ensure every aspect is understood and accurately represented.
By combining these elements, we ensure a deep and thorough understanding of your case, enabling us to develop a tailored strategy to achieve the best possible outcome for you.
Review
We investigate initial facts and develop a deep understanding of the people, documents, and events.
Evaluate
We analyze the law and apply what we learned from our initial fact investigation to the law to guide case strategy
Level Set
We advise you of our initial impressions and recommend and employ strategies aimed at achieving your goals.
Illuminate
We constantly evaluate case developments and update you to further fine-tine strategies and maximize resources.
Execute
We execute on agreed upon strategies efficiently to maximize your return.
Finalize
We secure better results sooner, ending your dispute, which allows you to move on with your life.
Our Case Results
RMO has a proven track record of protecting people and defending legacies.
Trust Amendment Invalidated for Undue Influence
After trial, awarded a seven-figure judgment, plus attorney’s fees and costs on behalf of the elderly niece of the decedent, where auntie’s neighbor/caregiver used undue influence to connive her way into becoming the primary beneficiary of her trust shortly before she passed.
Defended Trustee Against Breach of Fiduciary Duty for Imprudent Investments
Defended the successor trustee of a family trust against claims from his brother that he had breached his fiduciary duty to invest trust assets prudently when a concentrated commodity position he amassed lost essentially all its value swiftly. The probate court denied the charge on evidence presented by RMO that the trust’s broad investment powers and the deceased settlor’s speculative investment meant there the investment loss could not constitute a breach.
Recovered Stolen Trust Property + Double Damages and Attorney’s Fees
Representing the successor professional fiduciary trustee, secured a seven-figure probate court judgment, plus double damages, attorney’s fees and costs in recovering real property that had been transferred and stolen by an unscrupulous trust beneficiary.
Recovered Grandma’s Stolen Home
On behalf of the granddaughter administrator of grandma’s probate estate, secured a judgment against grandma’s daughter and son-in-law to recover title to grandma’s home and monies wrongfully withdrawn against the property.
Remedied Dependent Adult Financial Abuse
Secured the intestate probate estate of our clients, the rightful heirs of their cousin’s estate, who had fallen prey to an ex-con drug dealer “friend” who had coerced the cousin to sign will documents while dying in his hospital bed.
Rectified Financial Elder Abuse by Thieving Neighbor, With Double Damages
Representing the institutional successor trustee of a family trust, obtained a financial elder abuse judgment against a neighbor “friend” abuser who had taken significant sums of money from an elderly man just months before he died, including double damages interest, attorney’s fees and costs.
Secured Family’s Business Legacy
Representing the successor family trustee, secured the generational family business for the decedent’s heirs by acquiring from a disgruntled beneficiary their interest in the family business on extremely favorable terms that will allow the family to continue operating the family business for future generations to come.
Defended Financial Elder Abuse Claim Against Surviving Spouse Trustee
Successfully defended a surviving spouse trustee against financial elder abuse and other claims made by family members who said she had fraudulently transferred assets to herself from her late husband’s trust and estate.
Prevented Trustee Removal for Badly-Lawyered Trust Accounting
Staved off suspension, removal and surcharge for a trustee who had failed to properly or timely provide court-ordered trust accountings to trust beneficiaries and was staring down an imminent deadline, as well as suspension, removal and surcharge.
Removed Trustee for Fraud
Neutralized and secured removal of a hostile co-trustee who was attempting to bilk our client’s trust of millions of dollars through a series of fabricated claims.
Removed and Surcharged Thieving Trustee
Secured removal of a thieving co-trustee daughter whose malfeasance left her own mother destitute and unable to pay her bills, including recovery of the stolen assets, attorney fees and costs.
Defended Sub-Trust Allocations
Client’s mother survived step-dad and succeeded him as trustee of their family trust. After mom passed, step-dad’s children alleged she had improperly allocated trust assets to favor her survivor’s trust, which went to our client, over the marital trust, which went to step-dad’s children. Using historic appraisals and valuations, demonstrated the disputed allocation was reasonable, resolving the dispute.
Mom’s House and Legacy Saved from Foreclosure
Prevented foreclosure of mom’s house – the estate’s only significant asset – by securing ex parte appointment as Special Administrator and then obtaining a temporary restraining order preventing the home’s foreclosure so the property could be sold, securing mom’s legacy for her children and grandchildren.
Family Jewels Recovered
On behalf of a professional fiduciary, convinced the probate court to award our client double damages, attorney’s fees and costs in addition to recovery of significant personal property wrongfully taken from – and refused to be returned to – the estate.
Saving the Family Farm
Helped family members recover ownership of the multi-million dollar family farm that had been transferred out of an irrevocable trust improperly by an unscrupulous trustee through the fraudulent use of a decanting statute.
Estate Administrator’s Fraudulent Probate Accounting Revealed
Represented decedent’s children in a contested probate accounting over various expenses the administrator attempted to charge against the estate, and then further successfully obtained an order from the court shifting a portion of the client’s fees and cost to several unrepresented heirs through a “common fund” theory of fee recovery.
“Death Bed” Trust Amendment Thwarted
Within weeks, secured evidence sufficient to convince the surviving step-parent perpetrator of a “death bed” trust amendment that disinherited our client to abandon the amendment and pay our client his high seven-figure inheritance.
Holographic Trust Amendment Neutered
Secured summary judgment on behalf of a trust beneficiary where the trustee claimed a holographic trust amendment halved our client’s inheritance, resulting in our client receiving her full inheritance and the trust paying her attorney’s fees and costs.
Invalidated Assignment of Elder Beneficiary’s Interest
Secured an elderly client’s rightful inheritance from her brother’s estate, invalidating the ill-gotten assignment the brother’s widow and her attorney had secured from her using subterfuge and without advising her to seek her own counsel.
Disputed Heirship Recognized
Effectuated heirship for the secret scion daughter of the decedent, who learned of his daughter only late in life and came to celebrate their relationship and hold her out to his community and confidants, but refrained from sharing their relationship with his wife and daughter, which led to disputed heirship after he passed.
Third Time’s The Charm – Eight Figure Trust Saved for Surviving Spouse
Represented the surviving spouse of her deceased husband’s high eight-figure trust estate, which, through some ill-advised estate planning, had left the client as a co-fiduciary with her estranged stepson and a bungling property manager. Prior litigation with previous counsel resulted only in our client’s resignation, which allowed the bunglers to further waste trust assets. Secured a final, global resolution for the surviving spouse that secured the resignations of the “bad” trustees and replaced them with an institutional trustee who is working to remedy their bad acts and save the estate.
Secured Long Overdue Child Support from Deadbeat Dad’s Estate
Represented former spouse in collecting long-unpaid child support through creditor’s claim procedure from her ex-husband’s estate.
Secured Retirement Benefits for Surviving Spouse
Represented the surviving spouse in successfully defending her status as beneficiary of her deceased husband’s retirement benefits against contest by the decedent’s former wife and children, who had claimed lack of capacity and undue influence.
Disposed of Interloping Ex-Spouse’s Trust Contest
Represented the surviving spouse trustee of her deceased husband’s trust against a trust contest on the grounds of incapacity and undue influence by the husband’s first wife – and his children from that marriage – all of whom had been disinherited by the decedent. Deployed tried and true probate litigation tactics to put the interlopers to task, which resulted in the court dismissing their claims, saving significant time and money.
Online Romance Fraud Halted
Established an emergency conservatorship of the estate of a divorcee who had been ensnared by Nigerian fraudsters,who had infiltrated, isolated, defrauded and unduly influenced her into sending them millions, leaving her destitute and unable to buy food.
Conservatee Protected, Financial Advisor Fraudster Barred from Industry
Represented a court-appointed guardian ad litem in securing a prosecution agreement with counsel for the conservator of an institutionalized dementia patient who was taken advantage of financially by her financial advisor, leading to his permanent bar from the financial services industry.
Protected Elder Father from His Own Daughters
On behalf of his wife, established conservatorship of an elderly man over the protests of his daughters, who were his attorneys-in-fact and nominated conservators, living rent-free in his properties, and had repeatedly threatened to withhold caregiving. Secured ex parte suspension of the daughters’ powers of attorney and appointment of a private professional fiduciary to protect dad, which was granted by probate court.
Grandmother Safeguarded
Secured appointment of a private professional fiduciary for grandmother on behalf of grandson, and over the objections of grandson’s aunt, who, along with her husband, had been exploiting grandma financially, securing grandma’s return home and well being.
Guardianships for Kidnapped Parent
In two separate cases, established a guardianship for our client on behalf of their parent after the parent was secretly moved across state lines by our clients’ siblings so the kidnapping sibling could take financial advantage of the parent.
Conservatorship Thwarted
Defeated wife’s attempt to have herself appointed as conservator for husband when dad resisted wife’s efforts to unduly influence him to change his estate plan in her favor.
Jurisdiction ≠ Forum Non Convenience
In a published opinion, obtained reversal of a lower court decision confusing jurisdiction with forum non conviens, re-establishing the trust beneficiary’s right to continue prosecuting his fraud, undue influence, and financial elder abuse claims.
Settlement Approved, Confirmed and Enforced
Represented trustee, at trial and on appeal, to enforce a settlement agreement addressing his co-trustee’s a breach of fiduciary duties, after the offending co-trustee fraudulently claimed he had satisfied his obligations under the agreement.
Trust Contest Win Buttressed
Successfully defended trustee and sole beneficiary against trust contest by disinherited heir. Then, when the trial judge erroneously entered judgment creating potential exposure for subsequent litigation, prevailed on appeal to modify the judgment to insulate the trustee from any possible further litigation.
Confirmed Life Insurance Proceeds as Trust Asset
Represented trustee of irrevocable trust in a published appellate decision confirming the trust could be funded properly with life insurance proceeds even though all formalities typically required by the terms of the life insurance policy had not been satisfied.
Refuted Forged Estate Planning Documents
Secured the estate of our client’s late father, who had been victimized by childhood friends who had forged estate planning documents to steal his estate from his family.
Invalidated Fraudulent Property Transfers
Secured return of our client’s home value after her daughter and son-in-law moved into the home under the guise of “helping” her, only to defraud her into signing documents signing her home over to them, after which they forced her out of her home.
Righted Caregiver “Girlfriend’s” Grift
Recovered the home of an infirm, institutionalized senior who had been victimized by his “girlfriend,” an opportunistic volunteer at his care facility, securing his golden years.
As Seen On
From Our Blog
Insights and advice on trust and probate estate litigation from our blog.
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If you have inherited jewelry, there are several options you can consider. Ultimately, the decision of what to do with inherited jewelry depends on [...]
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Whether you can sell stocks in a trust after death generally depends on the specific terms and conditions of the trust and the laws [...]
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If your loved one dies and leaves behind a significant portfolio of stocks, navigating the legal process to liquidate those assets can be complicated [...]
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If you recently inherited a large sum of money, you may be wondering what your next steps should be. Coming into millions of dollars [...]
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