What Is the Definition of Duress? Duress is defined in the United States as the unlawful use of physical force, false imprisonment, threats of violence, or psychological pressure to compel someone to do something they do not want to do. If this type of extreme pressure causes a person to act in a way they …
What Are the Most Common Estate Contests and Disputes? Estate contests and disputes occur when an interested party challenges the validity of a will in probate court. A will is invalid if the testator did not follow state legal requirements, if the testator was not of sound mind, or if a third party illegally manipulated …
The Professional Trustee’s Guide to Estate Contests and Disputes Read More »
Appointment of a successor trustee refers to the process of having a new trustee take over management of a trust. Most trusts are managed by their creators during their lifetime. But trusts don’t die with their makers, and that is why a successor trustee takes over. Successor trustees step in to administer a trust after …
Fiduciary conflict of interest claims are very common. Conflicts of interest can be a confusingly grey area for fiduciaries, especially when they are also a beneficiary. Trustees, executors, conservators, and power of attorney agents (also called an attorney in fact) often don’t know they even have a conflict of interest, or have committed any type …
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Generally, a successor trustee cannot change or amend a trust. Most trusts are initially managed by their creator or original trustee, while they are still alive and competent. But after their passing, a successor trustee must step in to take legal title to assets and administer the trust according to its terms. Many successor trustees …
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LOS ANGELES–(BUSINESS WIRE)–Building upon its successful history of hiring top talent, trust, estate and probate litigation firm RMO LLP announced today that it has added litigators Mathew M. Wrenshall and Lana Halavi to its Los Angeles office. “In order to meet the growing demands of our clients, we are excited to continue to expand the firm and its services with the …
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 »
(Scott E. Rahn, RMO Co-Managing Partner, was recently featured in Lawyer Monthly. Here’s an excerpt, below. To read the full article, click here.) Just hearing the word “litigation” can trigger feelings of unease for many, but in reality, trust litigation is just a tool, a formal process through which an heir, beneficiary or fiduciary who …
Trust Litigation: What Does It Entail – Lawyer Monthly Read More »
One of the most common offenses we deal with in our trust litigation practice is that of trustee self dealing. Trustees have very broad powers of discretion in managing trust assets, and they sometimes make transactions that benefit themselves instead of the trust beneficiaries. This is when a claim for breach of fiduciary duty for …
Trustees commonly face claims for breach of trust, misappropriation of trust funds, mismanagement, malfeasance, fraud, or breach of fiduciary duty. If you’ve been accused of breaching your fiduciary duties or misappropriating trust funds, contact an experienced trust litigation attorney as soon as possible. The sooner you begin working with a trust litigation attorney, the better …
If you are the beneficiary of a trust, you already know how much power is wielded by a trustee. In many cases, trustees have privileged access to, and authority over, vast reserves of valuable assets intended to benefit the beneficiaries. In a perfect world, trustees would never abuse their position for personal gain, but it …
An executor of an estate has many duties and responsibilities, and sometimes they fail to live up to them. Fortunately, California law allows for the removal of an incompetent or unethical executor under certain circumstances. Such cases are more common than you might think, especially in high net worth states like California. Executors do not …
The California Guide to Removing an Executor of Estate Read More »