Category: "Trust Litigation"

What is a trust accounting objection, when should you file a trust accounting objection, and how long do you have to file an objection? Here’s a helpful overview and guide. What is trust accounting? The Trustee of a trust is obliged to account, or provide information and records concerning the management of trust assets. The […]

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   Can you sue a family trust? While you technically cannot sue a family trust, you can sue the trustee of a family trust if you have a claim to assets held by that trust, or if you think that the trustee is mismanaging or stealing from the trust. You can also challenge the […]

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Family trust embezzlement and stealing is more common than you might think. At RMO Lawyers, we investigate, prosecute and defend these claims every day.   What is family trust embezzlement? Embezzlement is a form of theft, and it is a crime. In the case of family trusts, embezzlement refers to misappropriation of funds belonging to […]

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How common is contesting a trust? The short answer is that it’s more common than you might think. In fact, we pursue trust contests and help protect clients from family members contesting trusts every day. Each year in the United States, thousands of trusts and wills are disputed in probate court. While the vast majority […]

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How to Contest a Trust in California Contesting a trust, disputing a trust, voiding a trust, invalidating a trust, etc. are all common terms for the legal process in which a beneficiary or heir seeks to change the inheritance, gift, bequest, or distribution they’re set to receive, per a trust agreement, after a loved one […]

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What is a power of appointment trust? A power of appointment or power of appointment trust is a legally binding provision contained in a trust which gives a surviving spouse or other beneficiary the authority to change the ultimate beneficiaries of a trust. For example, if a married couple’s trust contains power of appointment language, […]

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What is a partition action? The definition. The definition of a partition action (see California Code of Civil Procedure Section 872.210) is an action taken to divide a California real estate property fairly among its co-owners.   When do I need a partition action? In California, most people consider a partition action when they want […]

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A trust litigation attorney becomes necessary when disputes arise during the organized distribution of property from one generation to another, e.g. heirs and beneficiaries. Typically, a trust is constructed in such a way that instructions are clearly stated. However, despite a well-crafted trust document being in place, legal issues can and do still come up, […]

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What are the duties of a trustee in California? California Probate Code outlines Trustee Duties quite clearly. And now, we’re going to make it even clearer. First off, let’s define some popular terms:   What is a trust? A trust, or living trust, is a document designed to help families avoid legal process, probate, after […]

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Contesting a will is more common than heirs, beneficiaries and executors may think. We tell our clients every day: Disputing a loved one’s will or trust does not make you a bad person. All too often wills resulted from interference from a loved one or an interloper. We work with heirs, beneficiaries, administrators, executors, and […]

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