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Top Probate Estate Litigation Attorneys

We have decades of experience representing executors, administrators, heirs, beneficiaries, spouses, and creditors in probate disputes. Schedule a consultation to see how we can help you.

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RMO LLP named one of the best Trust and Estate litigation law firms

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The Probate Process

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.

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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

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TRIAL VICTORIES

TRUSTEES

PROBATE ESTATE EXECUTORS & ADMINISTRATORS

BENEFICIARIES & HEIRS

SPOUSES

CONSERVATORSHIPS/
GUARDIANSHIPS

PROBATE APPEALS

FINANCIAL ELDER ABUSE

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Our Proven Process Is Your Path To Success

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

Schedule A Free Consultation

Our probate estate litigation lawyers have the expertise to get you the best resolution possible. Whether you’re a executor, administrator, heir, beneficiary, fiduciary, or another role we can help resolve your estate dispute.

Common Probate Estate Litigation Disputes

Due to the complexity of the probate process, disputes and disagreements can be common. From navigating will contests to intestate succession disputes, there are many cases where representation may be helpful.

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.

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When Should I Contact A Probate Estate Litigation Attorney?

There are a variety of circumstances where you should contact a probate estate litigation attorney. An attorney can simplify the process and ensure you have a full understanding of the appropriate legal steps. Other benefits of legal representation include the protection of your rights and interests, an efficient resolution of disputes, and a minimization of family conflicts.

You should contact a probate and estate litigation attorney in the following circumstances:

The presence of disputes among heirs or beneficiaries
Allegations of undue influence or fraud
Executor or administrator misconduct, including breach of fiduciary duty or mismanagement of assets
Challenges to the validity of the will, including lack of capacity or improper interpretation of the will

Learning Center

Commonly Asked Probate Questions

What is the difference between a probate litigator and probate attorney?

A litigator is a special type of lawyer who handles disputes that will likely end up in a courtroom, while an attorney is generally focused on more administrative and transactional work that is not highly contested. When it comes to probate, both litigators and general practitioners can focus on this area of law.

If you need simple representation in probate court after the death of a loved one, a probate attorney will help you oversee the process and assist in administrative tasks. However, if you are at odds with other parties involved in the probate, it’s best to hire a probate litigator who can help you navigate disputes.

What does testate and intestate mean?

A testate estate is one where the decedent (deceased) left a will, while an intestate estate is one where the decedent did not leave a will. Every state has specific intestacy laws, but generally speaking, when someone dies intestate, their estate will likely be distributed according to state laws surrounding instate succession. If someone dies testate, their wishes are more likely to be carried out.

With testate cases, parties often choose their executor or personal representative, while an intestate estate will have one appointed. This may not be a problem for some, while for others who have estranged family members, this can be challenging.

Who is able to contest a will?

The ability to contest a will depends on a variety of factors, like jurisdictional laws and the relationship of the person contesting the will to the deceased. In general, those who might have grounds to contest a will include:

Beneficiaries: Individuals who were named as beneficiaries in a previous version of the will or who believe they should have been included in the will.
Heirs: Heirs are those who would inherit from the deceased if there were no will or if the will is deemed invalid. This might include spouses, children, parents, or other relatives.
Creditors: In some jurisdictions, creditors of the deceased may contest the will if they believe it unfairly diminishes the assets available to satisfy debts.
Others with legal interest: People who have a legal interest in the estate, such as trustees or administrators, may contest a will in some circumstances.
Others with standing: In certain cases, close friends or dependents who were not included in the will might have standing to contest it, depending on local laws.

Contesting a will requires very specific evidence of wrongdoing, and simply being unhappy with a will’s terms is not usually sufficient grounds to contest it.

How long do you have to contest a will?

The statute of limitations for contesting a will depends on the jurisdiction and varies from state to state. It can range from a few months to several years after the date of death or the date the will is admitted to probate. If you are considering contesting a will, it is advisable to contact an attorney right away to have the best possible outcome.

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RMO, LLP Trust litigation attorneys and probate lawyers. We protect people like you, Every day.

The information provided on our website and in our videos are for general informational purposes only
and does not, and is not intended to, constitute legal advice. You should consult an attorney for advice
about your specific legal matter.

Top Probate Estate Litigation Attorneys

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The Probate Process

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Our Proven Process Is Your Path To Success

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Common Probate Estate Litigation Disputes

Petition and Notices

The First Hearing

Estate Administration

Final Distribution

When Should I Contact A Probate Estate Litigation Attorney?

You should contact a probate and estate litigation attorney in the following circumstances:

Learning Center

Commonly Asked Probate Questions

Ready to Get Started?

Contact us Today