Fresno Probate Lawyers & Trust Attorneys

Our probate lawyers and trust litigation attorneys at RMO’s Fresno office possess the expertise to provide effective assistance to beneficiaries, heirs, executors, and trustees. Our attorneys in Fresno have garnered recognition from SuperLawyers, establishing them as among the finest in the region.

516 W. Shaw Ave, Suite 200, Fresno, CA 93704

Ready to Get Started?

Probate & Trust Services We Offer

Not just anyone can easily navigate trust litigation, probate, and related matters, as they typically involve detailed legal processes and nuance, especially if disputes are involved. Often, navigating these processes requires the help and guidance of an experienced trust lawyer. Whether you need a Fresno probate attorney or an experienced trust attorney, RMO Lawyers can help provide the guidance and support necessary for your case.

Who We Represent

Probate, trust litigation, and related matters involve several interested parties, and RMO Lawyers can offer support on all sides of these disputes. We represent the following clients in Fresno to help them understand their legal rights and achieve a resolution that serves their best interests.

TRUSTEES

Trustees play a crucial role in the trust administration process, as they are responsible for interpreting and administering the trust as well as navigating disputes between beneficiaries. A trust attorney can be a great resource for trustees by helping them understand their full legal responsibilities and address any potential disputes while upholding their fiduciary duties. Our trust attorneys in Fresno offer strategic advice and guidance for navigating important legal processes and defending against accusations of misconduct.

BENEFICIARIES AND HEIRS

Beneficiaries and heirs have designated rights to a decedent’s assets as outlined by a will or trust, but navigating the process for obtaining the inheritance is not always easy. Beneficiaries may face disputes from other interested parties about the allocation of an inheritance, experience concerns with the conduct of an involved trustee or executor, or simply need guidance in understanding the legal process.

Our trust attorneys in Fresno can offer this guidance by protecting the rights of beneficiaries and heirs, resolving disputes surrounding the administration of the trust, and ensuring each party receives their rightful inheritance as originally outlined by the decedent.

SPOUSES

When dealing with the emotions of losing a spouse, the last thing one wants to do is navigate a complex legal process. Spouses are often afforded special rights in the fair and equitable distribution of the estate, but securing these rights through the legal process can be tedious. Spouses may also have to navigate trust disputes with other interested parties who have claims to the decedent’s assets.

A trust attorney in Fresno can make the process easier by offering legal guidance and representation to preserve the spouse’s rights and assist in obtaining assets that are rightfully theirs.

Who hires RMO Lawyers

 

CONSERVATORS & GUARDIANS

If you are a conservator or guardian and your conservatee or ward has passed, you may experience potential disputes between beneficiaries and other interested parties regarding their assets. Legal representation can help clients navigate these disputes and understand their general responsibilities as conservators or guardians.

Our attorneys at RMO can offer representation for Fresno County guardianships throughout multiple steps in the process. We can support in filing a petition for a conservatorship or guardianship arrangement, navigating the proper administration of a trust, or resolving disputes surrounding their assets to find a resolution that protects the individual’s best interests.

CREDITORS

A creditor is any individual or entity to whom a decedent owed money at the time of their death. Creditors may be able to lay claim to a portion of the estate to resolve these debts, but there are often legal requirements on how to assert these claims and how much time they have to do so.

Our attorneys at RMO Lawyers can represent creditors in Fresno in navigating this process so they can receive appropriate compensation for the debts they’re owed. We’re able to support creditors in filing legal claims, negotiating settlements with the estate, and resolving debt disputes to recuperate financial losses.

Why Hire RMO Lawyers?

Our Fresno County clients recognize us as some of the best lawyers in the area, but they recognize us as even better people. We strive to not only be the best representatives for our clients in the courtroom but also do right by our Fresno community by leading with a reputable character and a desire to prioritize our clients’ best interests. 

Our Fresno trust attorneys and probate lawyers take every step guided by our core values:

  • Lead with Empathy
  • Be Authentic
  • We’re Stronger Together
  • Zealous Efficacy

These core values mean you can expect us to go to every length to understand your case and find you an appropriate resolution. We take the time to listen to you and understand all the facts, including any family dynamics or unique circumstances that influence the case. Then, we’ll use these details to develop a winning strategy for your case and achieve the best possible outcome for you.

CLIENT TESTIMONIALS

Our Case Results

RMO has a proven track record of protecting people and defending legacies.

TRIAL VICTORIES

TRUSTEES

PROBATE ESTATE EXECUTORS & ADMINISTRATORS

BENEFICIARIES & HEIRS

SPOUSES

CONSERVATORSHIPS/GUARDIANSHIPS

PROBATE APPEALS

FINANCIAL ELDER ABUSE

TRIAL VICTORIES

TRUSTEES

PROBATE ESTATE EXECUTORS & ADMINISTRATORS

BENEFICIARIES & HEIRS

SPOUSES

CONSERVATORSHIPS/
GUARDIANSHIPS

PROBATE APPEALS

FINANCIAL ELDER ABUSE

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.
Defense of 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.
Recovery of 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.
Addressing 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.
Dependent Adult Financial Abuse Remedied
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.
Thieving Neighbor’s Financial Elder Abuse Rectified, 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.
Previous slide
Next slide
Summary Adjudication of Disinherited Beneficiary’s Trust Contest
Swiftly secured the dismissal of a trust contest of a disgruntled, disinherited trust beneficiary on a motion after strategically allowing the trust contest period to expire before serving a notice of proposed action to distribute trust assets to the trust’s remaining beneficiaries and nothing to the disinherited beneficiary.
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.
Defense of 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.
Trustee Removal 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.
Thieving Trustee Removed and Surcharged
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.
Trust Beneficiary Dispute Squashed & Partition Avoided
Swooped in on behalf of an institutional trustee after years of protracted litigation to secure a decision from the Los Angeles probate court to end a years-long dispute between feuding siblings over the distribution of their parents’ estate, avoiding distribution of assets in-kind, which would have only resulted in partition.
Sub-Trust Allocations Defended
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.
Inept Trustee Removed & Client Appointed Successor Trustee to Save Estate
Non-responsive and ineffective trustee who had done little to nothing to administer the trust or protect trust assets from waste following decedent’s passing was removed and our client appointed as successor trustee by the probate court, avoiding further damage.
Racist Trustee Removed and Surcharged
Removed and obtained surcharge of a non-beneficiary family trustee who hurled racial epthets at our client, refused to account, and tried to sell the house intended for our sole trust beneficiary client out of spite, securing the home for our client and her family.
Previous slide
Next slide
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.
Previous slide
Next slide
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.
Another “Death Bed” Trust Amendment Avoided
Within 45 days of engagement, secured 125% of our clients’ original bequests, plus attorney’s fees and costs, from their long-time friend’s estate after the 85 year-old decedent’s new “husband” unduly influenced the creation of a trust amendment to take the entirety of the estate for himself.
Previous slide
Next slide
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.
Long Overdue Child Support Secured 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.
Retirement Benefits Secured 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.
Previous slide
Next slide
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.
Conservatorship Financial Abuser Defeated
Defeated financial abusing neighbor’s attempts to establish himself as conservator for his elderly neighbor, from whom he had transferred her properties into his name, added himself to her accounts, and changed her estate planning documents to name himself as executor, trustee and sole beneficiary.
Parents Protected from Feuding Daughters
Represented the private professional fiduciary appointee in securing appointment in contested conservatorships for mom and dad where the parents had become the victims of their daughters’ infighting and efforts to control them and their finances.
Two Dads Protected from their Feuding Sons
In separate cases, secured appointment of a private professional fiduciary to serve as conservator for each dad to protect him from a ne'er do well son who was taking advantage of him financially.
Conservatorship for Wandering Mom
On behalf of daughter, established conservatorship for mom, whose dementia manifested itself in part in wandering, over the objection of mom’s live-in boyfriend, who failed to protect mom from wandering and, investigation showed, was taking financial advantage of mom.
Previous slide
Next slide
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.
Life Insurance Proceeds Confirmed 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.
Previous slide
Next slide
Forged Estate Planning Documents Disregarded
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.
Fraudulent Property Transfers Invalidated
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.
Caregiver “Girlfriend’s” Grift Righted
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.
Previous slide
Next slide

FROM THE BLOG

Right of survivorship attorney or lawyer near me

The Guide to Family Trust Embezzlement and Stealing


Family trust embezzlement and stealing is more common than you might think. At RMO Lawyers, we investigate, prosecute and defend these claims every day…
Sibling stealing from estate what to do - RMO Lawyers and Trust Attorneys

The Penalty for Stealing from an Estate


When an abuser steals from an estate, the penalty can be as little as simply returning the stolen monies or assets to the trust or estate. However, the California Probate Code does…
What does a probate lawyer do

What does a probate lawyer do?


When a person passes away, their assets must be disbursed in a manner consistent with state laws and following the directions they put forth when they were alive…