Top Trust Litigation Attorneys

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Top Trust Litigation Attorneys

We represent trustees, beneficiaries, and heirs in cases involving trust contest, a disputed trust amendment, claims of breach of fiduciary duty, trust accounting, fiduciary misconduct and fraud, trustee theft, investment mismanagement, waste financial elder abuse, incapacity, and undue influence.

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

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The Trust Litigation 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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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 trust litigation lawyers have the expertise to get you the best resolution possible. Whether you’re a trustee, heir, beneficiary, fiduciary, or another role we can help resolve your trust dispute.

Our Proven Process Is Your Path To Success

The Trust Litigation Process

The trust administration process is complex, from managing disputes to fulfilling the wishes of the trust’s creator. The legal and personal challenges after the loss of a loved one can bring disputes that complicate the distribution of the estate.

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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Who Should Hire a Trust Litigation Attorney?

The trust administration process often involves several parties, and many can benefit from a trust litigation attorney depending on the circumstances.

You should contact a trust litigation attorney in the following circumstances:

Trustees: We provide support to trustees in guiding them through legal complexities, ensuring they meet fiduciary duties, and defending against potential disputes.
Beneficiaries or Heirs: Navigating the process after the loss of a loved one can be overwhelming. RMO provides representation in distribution disputes, contesting amendments, and safeguarding their interests so they can receive the assets that are meant for them.
Spouses: Spouses have specific rights in trust litigation, like spousal elective shares, property petitions, and family allowances. We support spouses in areas like spousal claims, representation in trust litigation, and resolution of other disputes affecting spousal interests.
Creditors: Creditors must act to assert their claim within a specified time limit. If you are owed money by someone who has passed, we can help you recover it.
Conservators/Guardians: We’ll guide you through the process, with experience providing legal support for protected individuals, resolving disputes involving their assets, and ensuring proper trust administration for the sake of protecting the individual’s best interests.

Learning Center

Commonly Asked Trustee Questions

What is the difference between a trust lawyer and a trust litigator?

A lawyer is anyone who has been trained in and practices law. Lawyers can focus on various areas of law, such as trusts, wills, and estates. They provide legal advice and draft legal documents, such as creating a will or a trust.

On the other hand, a litigator is a type of lawyer who is experienced in representing clients in court proceedings, also known as litigation. Litigators handle all aspects of the litigation process, including pre-trial motions, hearings, trials, and appeals.

While all litigators are lawyers, not all lawyers are litigators, as many lawyers work primarily outside the courtroom, focusing on transactional work or other non-litigation matters.

Simply put, a trust lawyer creates trusts and other estate planning documents and advises families on simple questions, but when disputes and issues arise about the execution of trusts or trust assets, you should consult a qualified trust litigation attorney.

What assets does a trust include?

The goals and objectives of the creator can influence the assets included in the trust. While assets vary from trust to trust, some of the most common assets we see at RMO Lawyers are:

Real Estate: Trusts often hold real property, such as residential homes, commercial buildings, land, or vacation properties.
Financial Assets: These typically include cash, stocks, bonds, retirement accounts, and other investment securities.
Business Interests: Trusts may hold ownership interests in businesses, such as shares in a corporation or partnership interests.
Personal Property: Personal property can include vehicles, jewelry, artwork, antiques, collectibles, boats, aircrafts, and more.
Intellectual Property: Trusts can hold intellectual property rights, such as patents, trademarks, copyrights, and royalties.
Life Insurance Policies: Trusts may be named as beneficiaries of life insurance policies, providing a mechanism for managing and distributing the proceeds to beneficiaries.

What are the duties of a trustee?

Generally speaking, a trustee is responsible for managing assets on behalf of beneficiaries. Their duties usually involve prioritizing the beneficiaries’ interests, handling assets carefully, avoiding conflicts of interest, maintaining accurate records, and staying in touch with beneficiaries.

More specific duties outlined by Probate Code 1600, the California Code a majority of our clients are bound by, include:

a) Duty to administer the trust according to its terms and as required by law: Trustees must follow the instructions outlined in the trust document and adhere to legal requirements governing trusts.

b) Duty of loyalty to beneficiaries: Trustees must act solely in the best interests of the beneficiaries, avoiding any conflicts of interest or self-dealing.

c) Duty of impartiality between beneficiaries: Trustees must treat all beneficiaries fairly and impartially, without favoritism towards any individual.

d) Duty not to use or deal with trust property for trustee’s own benefit: Trustees are prohibited from using trust property for their gain or benefit.

e) Duty not to require a release of liability as a condition for distribution: Trustees cannot condition the distribution of trust assets on beneficiaries releasing them from liability for breaches of fiduciary duty.

f) Duty to control and disburse trust property: Trustees are responsible for managing and distributing trust assets per the trust’s terms and beneficiaries’ needs.

g) Duty to make trust property productive: Trustees must take reasonable steps to ensure that trust assets are invested and managed in a manner that generates income or growth for the benefit of the beneficiaries.

h) Duty not to commingle trust property with non-trust property: Trustees must keep trust assets separate from their assets or other non-trust assets to maintain clarity and accountability.

i) Duty to enforce claims and defend actions: Trustees are obligated to protect the trust’s interests by pursuing legal action to enforce its rights or defend against legal challenges.

j) Duty not to delegate duties: Trustees cannot delegate their responsibilities to others unless expressly permitted by the trust document or law.

k) Duty to apply the full extent of the trustee’s skills: Trustees are expected to use their knowledge, expertise, and skills to effectively manage the trust and its assets.

l) Duty to comply with the prudent investor rule: Trustees must invest trust assets prudently, considering the risk and return objectives of the trust and acting with the care, skill, and caution that a prudent investor would exercise.

What is a breach of fiduciary duty?

A breach of fiduciary duty occurs when a trustee fails to fulfill their obligations, such as mismanaging assets, acting in their interest rather than the beneficiaries, or neglecting their duties outlined in the trust agreement. This is one of the most common reasons for hiring a trust litigation attorney like those at RMO. We both pursue breach claims on behalf of the beneficiaries and defend fiduciaries in these claims to ensure the decedent’s final wishes are carried out.

What is the difference between a probate and trust litigator?

A trust litigator and a probate litigator are both legal professionals who specialize in resolving disputes related to trusts and estates, but they differ. A probate litigator gets involved when an estate has a will or no will and passes through the probate court. A trust litigator is involved in disputes where a trust was created, which typically do not go through probate court.

What if a trust was changed and I am not a beneficiary?

A grantor may change a family trust during their lifetime by either changing their will (testamentary trusts) or changing, amending, or restating the trust. Typically, once the grantor passes away or becomes incapacitated, the trust will become irrevocable and cannot be modified. If a will or trust was changed due to undue influence or duress, it can be deemed invalid.

Undue influence means that a third party compelled or coerced the testator or grantor to change their trust. The influencer must exert an extreme level of pressure that overcomes the testator or grantor’s free will. Duress is a specific type of undue influence where the influencer uses physical force or threatens physical violence.

If you were a named beneficiary and a trust was changed so that you were no longer included as a beneficiary, contact a trust litigation attorney at RMO Lawyers to ensure no wrongdoing took place.

Do trusts need to go through probate?
I am an heir but not named a beneficiary. What now?
How long do I have to file a lawsuit?
Where do I hire my attorney? Where decedent died or where their property is?
What is a trust contest? How do I contest a trust?
How does a trust no-contest clause work?

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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.