Category: "Trust Litigation"

Undue influence and duress are frequently cited in probate and trust litigation. Both are used by abusers as a means to gain the favor of wealthy spouses and family members, with the goal of getting more estate assets. What is undue influence in wills and trusts? While undue influence can be cited in numerous areas […]

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   A partition action allows a co-owner of a property to force a sale of the property, so they can take their share of the proceeds. However, in some cases, the other co-owners may not want to sell the property. While it’s very difficult, legally, to stop a partition action there are alternatives. What […]

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For your trust to work as intended, it must avoid future trust contests and disputes amongst heirs and beneficiaries. Here are a few tips I’ve learned from experience that should help your trust avoid future trusts contests and disputes. First, how do I set up a trust? A living trust or family trust is generally […]

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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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