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.
RMO has a proven track record of protecting people and defending legacies.
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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.
We investigate initial facts and develop a deep understanding of the people, documents, and events.
We analyze the law and apply what we learned from our initial fact investigation to the law to guide case strategy.
We advise you of our initial impressions and recommend and employ strategies aimed at achieving your goals.
We constantly evaluate case developments and update you to further fine-tune strategies and maximize resources.
We execute on agreed upon strategies efficiently, to maximize your return.
We secure better results sooner for less legal spend, ending your dispute, which allows you to move on with your life.
We investigate initial facts and develop a deep understanding of the people, documents, and events.
We analyze the law and apply what we learned from our initial fact investigation to the law to guide case strategy.
We advise you of our initial impressions and recommend and employ strategies aimed at achieving your goals.
We constantly evaluate case developments and update you to further fine-tune strategies and maximize resources.
We execute on agreed upon strategies efficiently, to maximize your return.
We secure better results sooner for less legal spend, ending your dispute, which allows you to move on with your life.
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.
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.
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.
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.
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.
The trust administration process often involves several parties, and many can benefit from a trust litigation attorney depending on the circumstances.
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.
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:
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.
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.
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.
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.
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.