Contesting a will can be hard on all parties involved in the legal battle, but there are cases where it is worth it. However, because it can take months to go through the court processes necessary to successfully challenge a will, there are situations where contesting a will would not be in anyone’s best interest. …
What is Dead Man’s Statute? Dead Man’s Statute, also known as “Dead Man’s Rule” or “Dead Man Act,” is a rule of evidence that prohibits an interested party from testifying about conversations or transactions with a deceased person in a civil case. This limitation only applies if all of the following criteria are met: The …
When you contest a will, you challenge the legitimacy of the will in probate court. If a will contest is successful, the court will throw out the invalid will, and the deceased’s property will be distributed either per the terms of an older will or local state probate law. Importantly, you are unlikely to successfully …
Generally speaking, the executor of a will cannot take everything simply based on their status as executor. Executors are bound by the terms of the will and must distribute assets as the will directs. This means that executors cannot ignore the asset distribution in the will and take everything for themselves. However, if the executor …
An executor can override a beneficiary if they need to do so to follow the terms of the will. Executors are legally required to distribute estate assets according to what the will says. This means that if a beneficiary disagrees with the distribution in the will or other terms the executor can — and must …
If your loved one unexpectedly changed a will or trust, you might be wondering what to do. Or perhaps a family member recently passed away and the property distribution was drastically different from a previous estate plan, or what you were told to expect. These types of situations are highly sensitive and emotional, especially if …
Estate contests and disputes can be intimidating for anyone, even a professional trustee. In this guide, we’ve answered some of the questions we’re commonly asked about estate and trust contests, estate disputes, and other issues professional trustees may face. What Are the Most Common Estate Contests and Disputes? Estate contests and disputes occur when an …
The Professional Trustee’s Guide to Estate Contests and Disputes Read More »
LOS ANGELES–(Excerpt from BUSINESS WIRE) — The Alzheimer’s Association California Southland has selected RMO LLP Co-Managing Partner Scott Rahn to its board of directors. Rahn is looking forward to working to help publicize the private fight far too many families have when facing Alzheimer’s disease, to ensure increased services for those facing Alzheimer’s across the California Southland and, ultimately, to …
Scott Rahn Appointed Newest Board Member of Alzheimer’s Association Read More »
August 10, 2020 01:00 PM Eastern Daylight Time MIAMI–(BUSINESS WIRE)–Los Angeles-based trust, estate and probate litigation firm RMO LLP has expanded to the East Coast with the opening of a Miami office helmed by veteran litigator Brian Levin, the firm announced this week. “It’s serendipity that we launched the operation at this time of greater need, but it’s …
Trust, Estate and Probate Litigation Firm RMO LLP Expands to Miami Read More »
Contesting a will means to legally challenge the legitimacy of a will in probate court. How to win a will contest in Los Angeles is another matter. We understand that when a family member or loved one passes away, the pain of that loss can be magnified if uncertainty exists as to how they truly …
Undue influence in families is an act of abuse, often by heirs victimizing their elderly parents or other family members to increase their will inheritance or trust fund distributions. Undue influence can be actual or implied, and proving undue influence is the responsibility of heirs, beneficiaries, trustees of trusts, and administrators or executors of wills. …
Executors cannot do things which are contrary to the benefit of heirs, beneficiaries, and the estate. This means if you suspect an executor is withholding your inheritance distributions, you would have the right to sue the estate, or litigate to suspend, remove and replace the executor. What is an Executor of Will or …