estate conflict Archives - RMO Lawyers, LLP
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The-Abuse-of-Anti-SLAPP-Motions-in-Probate-and-Civil-Matters

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 …

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When Probate Meets the Prenup

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?

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 …

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How Do You Split an Inherited House?

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 …

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How Long Do You Have To Contest Probate in Florida?

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 …

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What Does an Inheritance Lawyer Do?

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 …

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

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 …

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