estate conflict Archives - RMO Lawyers, LLP

The Abuse of Anti-SLAPP Motions in Probate and Civil Matters

By David Greco Litigants are still finding new applications for California’s powerful (and sometimes infamous) anti-SLAPP statute in civil matters, and as evidenced by the recently resolved Starr v. Ashbrook, probate courts are no exception. The case revolved around a contentious estate battle between the children of a 90-year-old Laguna Beach man and his girlfriend …

The Abuse of Anti-SLAPP Motions in Probate and Civil Matters Read More »

When Probate Meets the Prenup

Probate Law

Premarital agreements increasingly have become commonplace in modern marriages. A 2022 poll by Harris Insights & Analytics found that 15 percent of married respondents reported having a premarital agreement, up from 3 percent in 2010.

Can I Sue Heirs of a Deceased Person?

Probate Litigation, Trust Litigation, Will and Trust Beneficiaries

If you have a valid legal claim against a deceased person, you may still be able to receive compensation by filing a lawsuit against the deceased person’s estate. However, you will typically need to direct your efforts at the estate rather than the individual heirs. Under California Probate Code §9050 and §9051, the personal representative …

Can I Sue Heirs of a Deceased Person? Read More »

What Does an Estate Lawyer Do After Death?

Estate Administration

Estate planning lawyers help their clients plan for what will happen to their property and assets after they die. This includes creating wills and trusts and ensuring that all of the client’s financial affairs are in order. Estate attorneys also help implement their clients’ decisions about who will inherit their property and how much they …

What Does an Estate Lawyer Do After Death? Read More »

What Are Examples of Executor Misconduct?

Estate Litigation, Executor of a Will

An executor is a person who is appointed to carry out the instructions of a will after the death of the person who made it. The executor has a fiduciary duty to the beneficiaries of the estate, which means that they have to act in good faith and in the best interests of those beneficiaries. …

What Are Examples of Executor Misconduct? Read More »

How Do You Split an Inherited House?

Partition Action, Probate Litigation, Will and Trust Beneficiaries

Jointly inheriting real estate can be tricky, particularly when the beneficiaries don’t agree on what to do with the property and want to split an inherited house. This situation often occurs when multiple siblings inherit their parent’s home as co-owners. When siblings disagree over whether to keep the property or sell it, increased family tensions …

How Do You Split an Inherited House? Read More »

How Long Do You Have To Contest Probate in Florida?

Probate Litigation, Will and Trust Beneficiaries

If a person passes away without a will, their assets are distributed by probate court according to Florida’s intestate succession laws. However, having a will does not mean you avoid probate court. Florida probate court governs the disposition of all descendants’ (the person who passed away) estates. Many assets will pass directly to designated beneficiaries …

How Long Do You Have To Contest Probate in Florida? Read More »

What Does an Inheritance Lawyer Do?

Probate Law, Probate Litigation, Trust Administration, Trust Litigation, Will and Trust Beneficiaries

An inheritance lawyer, also known as a probate or estate lawyer, is a state-licensed attorney who helps personal representatives and heirs of estates handle the estate of a deceased person. An inheritance lawyer can be involved in various capacities based on the specific details of an estate. A probate lawyer’s role in settling an estate …

What Does an Inheritance Lawyer Do? Read More »

What Is Estate Property?

Estate Administration, Estate Litigation

When someone passes away, all of the real estate and personal property that they currently own individually becomes “estate property.” This means that, until the property is distributed to the deceased’s heirs and beneficiaries, their assets are simply considered to belong to the estate. Estate property includes personal property like cash, stocks, vehicles, clothing, furniture, …

What Is Estate Property? Read More »

Who Gets the Life Insurance Proceeds?

Life Insurance

When you purchase life insurance, you may designate a beneficiary to receive the proceeds upon your death. You can name a single beneficiary if you choose to do so. However, it is advisable to name a primary beneficiary and then one or more “contingent” beneficiaries to receive the proceeds from your life insurance policy if …

Who Gets the Life Insurance Proceeds? Read More »

How Do I File an Objection to Probate Petition?

Estate Litigation

To file an objection, you or your attorney must submit an Objection to Probate Petition to the probate court where the petition for probate of the will was filed. In doing so, you will need to follow the local filing rules for that court. Because objecting to probate and contesting a will typically involves technicalities …

How Do I File an Objection to Probate Petition? Read More »

What Happens When a Beneficiary Is Living In an Inherited House?

Estate Litigation, Partition Action

Inheriting real estate with other people can be challenging, particularly when one of the beneficiaries is living in the house. This scenario commonly occurs when siblings jointly inherit their parent’s home, which can lead to increased family tensions during an already emotional time. It is always preferable for siblings to work out an arrangement that …

What Happens When a Beneficiary Is Living In an Inherited House? Read More »