Top Trust & Estate Dispute Attorneys
Our probate attorneys specialize in all types of trust and estate disputes. Whether you’re a trustee, executor, heir, or beneficiary we can help you resolve your probate dispute.
Contact us Today
AS SEEN ON
AWARDS
Experienced in Probate Disputes
We have decades of experience getting results for people like you. Our team will listen to you, investigate your claims, develop a strategy aimed at accomplishing your goals efficiently and cost-effectively, whether that’s through negotiated resolution, formal mediation or trial, so that you can move on with your life.
Our Case Results
RMO has a proven track record of protecting people and defending legacies.
Client Testimonials
“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!”
Misty A.
“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!”
Tiffany G.
“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.”
Eliza G.
Our Proven Process Is Your Path To Success
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-tune strategies and maximize resources.
EXECUTE
We execute on agreed upon strategies efficiently, to maximize your return.
FINALIZE
We secure better results sooner for less legal spend, ending your dispute, which allows you to move on with your life.
Have questions? We’re Here to Help.
Schedule your free consultation and we’ll contact you at your convenience to discuss your situation.
Practice Areas
TRUST LITIGATION
We represent beneficiaries, heirs, administrators, executors, trustees and conservators/conservatees in cases involving disputing a will or trust, claims of breach of fiduciary duty, fiduciary misconduct and fraud, investment mismanagement, financial elder abuse, incapacity, and undue influence.
PROBATE ESTATE LITIGATION
Stepping into the role of “Personal Representative” to handle your loved one’s trust, will, or probate estate can be an overwhelming experience. We have decades of experience helping individual and institutional administrators, executors, and trustees fulfill all their duties efficiently and cost-effectively. Although just a summary, below are many of the things we can help you with, and we’re always happy to answer your questions.
CONSERVATORSHIPS
When your loved one is incapable of handling their affairs, whether financial or their own care, it may be time to consider a judicial conservatorship of the person (personal health and welfare of the conservative) or conservatorship of the estate (care of the conservatee’s finances), especially where your loved one may be the subject of financial or elder abuse. Often family members believe that a power of attorney or healthcare power may be sufficient, but often they are wrong. Sadly, even more often the person who holds those powers is the one abusing the loved one. Whether you need help analyzing whether a conservatorship is warranted, or need help defending against a frivolous conservatorship action, we can help.
FINANCIAL ELDER ABUSE
Financial elder abuse is one of the fastest growing areas of law, affecting one of the most vulnerable sectors of our society. California’s elder abuse statutes provide extra protections to those 65 years of age and older who were victimized by the fraud or theft of another, most often a “loved one” who takes advantage of mom, dad, aunt, uncle, grandma or grandpa’s incapacity. We have successfully prosecuted and defended hundreds of financial elder abuse cases.
What Are the Stages of Probate?
Here are four basic stages of probate. Each step in the process is detailed in the sections below.
Petition and Notices
Probate begins when a petition to open probate is filed with the Superior Court in the county where the deceased person resided. Once the petition has been received, the court will set a hearing date. All interested persons (the personal representative, heirs, beneficiaries named in the will, and creditors) will receive notice of the date and time of the hearing.
The First Hearing
At the first hearing, the court will appoint the estate’s personal representative, unless their appointment is contested. If the deceased person left a will that identified a specific person as their executor, the court must approve and finalize the appointment. If the court does not approve or if the individual does not want to serve as the executor, the court may need to appoint someone else. Once a personal representative is accepted, the court will issue Letters Testamentary, which is a legal document that allows the executor to access estate assets and otherwise administer the estate.
Estate Administration
After the personal representative receives Letters Testamentary, they are responsible for collecting all of the deceased personal assets that are subject to probate. The executor will then be required to submit an inventory of the estate property to the court.
Once the assets have been inventoried, the personal representative must provide notice of the death to all of the deceased’s creditors. Creditors with outstanding debts can submit claims and receive payment from the inventoried assets. Under California law, creditors must submit claims within four months of the executor’s appointment.
The personal representative must also ensure that state and federal estate taxes are paid before distributing any assets to heirs.
Final Distribution
After the personal representative has completed all of their responsibilities, they will file a Petition for Final Distribution with the court, which will require a later hearing to be held. At this hearing, the personal representative will provide a detailed accounting regarding the use of estate assets. The judge will review this information to ensure all of the legal requirements were met. Once the judge determines that the estate has been appropriately administered, they will sign the Petition for Final Distribution and close the estate.
Is Probate Good or Bad?
Probate is neither good nor bad, but there are situations where avoiding probate may be beneficial.
Probate can be an expensive time-suck. The proceedings are also part of the public record, including your will. To avoid the costs and time associated with probate and protect their privacy, some people develop estate plans that allow their assets to pass to their loved ones without going through the probate process.
Some common methods for avoiding probate include:
- Creating and funding a living trust that distributes your assets to your beneficiaries upon your death.
- Establishing “payable on death” (POD) bank accounts and “transfer on death” (TOD) bonds, stocks, and brokerage accounts.
- Jointly owning property so it will automatically pass to the co-owner when you die.
- Designating beneficiaries on life insurance and retirement accounts.
You may also be able to bypass the formal probate process when the estate assets qualify for a small estate administration. However, there are some situations where formal probate proceedings can be beneficial, so you should always consult with a probate lawyer to determine the best course of action.
Learning Center
Probate Litigation Topics
There are three primary types of lawyers who work with estate law: probate lawyers, estate lawyers, and probate litigation lawyers. While they both work in the same area of law, probate lawyers handle the probate process after an individual passes away, while estate lawyers help living clients set up wills, trusts, or other estate planning documents before their death. And probate litigation lawyers handle the disputes that arise from the creation or administration of an estate.
If you are serving as a trustee of a trust, you have many essential duties to fulfill. One of these responsibilities is to uphold the terms of a trust. Another is to discharge your obligations under the law. If you violate the law or fail to uphold the terms of a trust in any way, it likely will be considered a breach of trust. When a trust breach occurs, a probate court can impose serious consequences and penalties, including suspension or removal as trustee or being surcharged – probate for being ordered to pay money – for damages caused by the breach. In rare and extreme cases, trustees can even face criminal charges.
A trust is a legal relationship whereby property is held by one person for the benefit of another. In order for a trust to be valid, the trust must have been created and funded according to the requirements of the law. If any of these conditions are not met, an interested party may be able to initiate a legal proceeding known as a “trust contest” to attempt to invalidate the trust.
A trustee is an individual who administers a trust on behalf of the beneficiaries. Trustees are responsible for managing trust assets, including maintaining the property and making sure it is productive – i.e. generates income or profit. However, a trustee’s job can be challenging and downright impossible if they don’t have the skills or expertise needed to perform these tasks competently. If a trustee does not fulfill their duties as required by law, they may need to be suspended or removed from their position.
Yes, you can contest a conservatorship. A frequent example is siblings disagreeing over the best course of action in the care of an elderly parent. Perhaps mom has dementia, and one sibling wishes to sell her home and move her into a facility, while another wishes to retain the home and provide for at-home assistance. In some cases, both siblings may petition for conservatorship, battling it out in court for ultimate decision-making power.
Frequently, victims are afraid to admit missing items or money in accounts because they’re embarrassed, or they worry it’s their own memory at fault. This can be emotional for the victim, as it creates anxiety, self-doubt, and depression. Here are a few specific examples of warning signs we’ve seen in cases we’ve successfully prosecuted.
Ready to Get Started?
Our probate attorneys specialize in all types of trust and estate disputes. Whether you’re a trustee, executor, heir, or beneficiary we can help you resolve your probate dispute.