PRACTICE AREAS

Trust & Probate 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.

Trust litigation attorney near me
TRUST LITIGATION

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 passes away…

TRUST LITIGATION

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 provide statutory bases for pursuing double damages,  punitive damages, attorney’s fees and/or costs in egregious cases…

TRUST LITIGATION

Most states allow for a parent to disinherit a child. Those that do not still allow for partial disinheritance. Whether fully or partially disinherited, a child may still have rights to their inheritance. They key is to prove the child was disinherited for unjustifiable reasons, including: Incapacity, undue influence, or simply tu parent who was not allowed to disinherit the child…

TRUST LITIGATION

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 the trust, or to the decedent that should belong to the trust but were stolen before their passing. A trust litigation attorney handles the civil litigation (monetary relief) aspect of an embezzlement case, not the criminal case…

TRUST LITIGATION

While undue influence can be cited in numerous areas of law, including trust and probate litigation, under California Welfare and Institutions Code § 15610.70, undue influence is defined broadly as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity…”

TRUST LITIGATION

Power of attorney is a legal contract that gives a person the power to make legal decisions on the behalf of somebody else. For example, a busy adult may give their financial planner a power of attorney to make financial decisions for them. Frequently, a power of attorney is given to a trusted family member or family friend…

TRUST LITIGATION

Going to Court, or Not

We understand that not every case needs to be litigated. We counsel clients early and often on the relative and ever-changing strengths and weaknesses of their cases. Utilizing “leverage” to put ourselves in the best position possible, we secure the best results for our clients, whether that is through negotiated settlement, mediation, or trial…

TRUST LITIGATION

A partition action occurs when a single family home has been left to children in a family trust, and then one of the children wants to sell their share to get the proceeds. It’s each child’s right to sell their share any time they choose. The result is that the home is put up for sale on the open market, and each of the children receive their fair share…

Roshanne Katouzian is an associate in the Los Angeles office of RMO LLP. Roshanne focuses her practice on two areas of litigation: (1) representing beneficiaries, professional and corporate fiduciaries (administrators, executors, trustees, conservators, and guardians) in contested trust, estate and probate litigation; and (2) representing businesses, business owners, directors, executives, members, officers, partners and shareholders in business litigation and commercial disputes, and in internal and external investigations.

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Protect Cinderella from evil step-mother
News

How to Protect Cinderella From Her Evil Step-Mother

By Scott E. Rahn and Meagan A. Paisley There are no shortage of film adaptations of Cinderella, and we’ve probably seen most of them. From Disney’s animated Cinderella (then Cinderella II: Dreams Come True and Cinderella 3: A Twist in Time), Ever After starring Drew Barrymore, Ella Enchanted starring Anne Hathaway, A Cinderella

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Taylor Swift pushed off the balcony
News

“She didn’t fall off that balcony; she was pushed!” Probate Slayer Statute Lessons from Taylor Swift’s Anti-Hero

If Swift’s children, Preston and Chad, are able to successfully challenge the Will, leaving her estate to her cats, the distribution would return to either an older version of the estate plan, or the estate would be distributed by intestate succession. There was one element we did not really discuss and that’s the allegation that Kimber Swift, Preston’s wife, killed Taylor by pushing her off her balcony.

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Trust Litigation Attorneys
Probate Law

How to Compel a Trustee to Do Their Job

By Phillip Szachowicz, Trust Litigation Attorney at RMO LLP When dealing with a trustee who won’t do their job, compelling them via court order has been the traditional route for recourse. But even if you expect litigation to go in your favor, it’s important to take the proper steps to

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