Attorneys For Creditors
Creditors are people and businesses to whom a decedent owed money at the time of death. Creditors must act swiftly after a debtor passes to assert claims or their claims will be time-barred and lost. If you’re a creditor, you need to act swiftly to protect your rights. Don’t delay.
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Comprehensive Representation for Creditors
When you’re a creditor seeking repayment from an estate, navigating the probate process can be complex and overwhelming. At RMO, we excel in probate litigation services for creditors, ensuring that your rights are protected and your claims are handled with the attention and experience they deserve. Whether you’re dealing with contested debts, unclear claims, or issues related to insolvent estates, our team of experienced probate attorneys is here to guide you through every step of the legal process. With a deep understanding of probate law in California & Texas, we’ll work diligently to secure the resolution you need.
Filing Creditor Claims in Probate or Trust Administration
We assist creditors in filing timely claims against estates or trusts, ensuring compliance with state laws and deadlines.
Defending Against Denied Claims
Resolving Disputes with Trustees or Executors
We represent creditors in disputes with trustees or executors, ensuring that the estate or trust assets are properly managed and that all legitimate debts are paid before distributions to beneficiaries.
Representation for Creditors in Estate and Trust Disputes
At RMO Lawyers, we provide comprehensive legal representation for creditors involved in estate and trust disputes. We ensure that creditors’ rights are protected, and claims are properly addressed within the complex legal frameworks of trust and estate administration. Our services include:
Protecting Creditor Rights in Financial Elder Abuse Cases
When creditors suspect that financial elder abuse has occurred, it can impact the ability to collect debts or manage estate assets. RMO can help investigate and address financial elder abuse, protecting both the estate and creditor interests.
Investigating Financial Elder Abuse
We assist creditors in identifying cases where financial elder abuse may have contributed to mismanagement of estate or trust assets, impacting the payment of debts.
Recovery of Misappropriated Funds
We take legal action to challenge fraudulent asset transfers or gifts made under duress, undue influence, or through financial exploitation, ensuring assets are restored for proper distribution.
Resolving Disputes with Trustees or Executors
If funds have been misappropriated through financial elder abuse, we work to recover these assets to ensure creditors are paid from the correct estate or trust resources.
Filing Claims in Conservatorship Estates
We help creditors assert their rights and file claims for outstanding debts within conservatorship estates.
Challenging Disputed Claims
If a conservator challenges or denies a creditor’s claim, RMO can advocate to resolve the dispute and pursue the payment of debts.
Creditor Representation in Conservatorship Matters
Conservatorships can significantly impact the ability of creditors to collect debts, especially if the conservator disputes the validity of claims. We provide legal support to creditors involved in conservatorship cases to ensure that debts are appropriately managed and settled.
Conservator & Guardian Legal Services
At RMO Lawyers, we represent conservators and guardians in the establishment of a conservatorship or guardianship, or during a legal dispute. Whether seeking the conservatorship or guardianship of a loved one or defending against claims and navigating legal challenges after a conservatee or ward has passed, we are here to support you through every step of the process.
Ready to Get Started? We're here to help.
If you are navigating an issue as a Creditor, RMO can provide professional legal services tailored to your needs.
Practice Areas
We have decades of experience getting results for people like you. Our team will listen to you, investigate your claims, develop a strategy aimed at accomplishing your goals efficiently and cost-effectively, whether that’s through negotiated resolution, formal mediation or trial, so that you can move on with your life. Schedule a free consultation, or give us a call.
We represent beneficiaries, heirs, administrators, executors, trustees and conservators/conservatees in cases involving disputing a will or trust, claims of breach of fiduciary duty, fiduciary misconduct and fraud, investment mismanagement, financial elder abuse, incapacity, and undue influence.
Stepping into the role of “Personal Representative” to handle your loved one’s trust, will, or probate estate can be an overwhelming experience. We have decades of experience helping individual and institutional administrators, executors, and trustees fulfill all their duties efficiently and cost-effectively. Although just a summary, below are many of the things we can help you with, and we’re always happy to answer your questions.
When your loved one is incapable of handling their affairs, whether financial or their own care, it may be time to consider a judicial conservatorship of the person (personal health and welfare of the conservative) or conservatorship of the estate (care of the conservatee’s finances), especially where your loved one may be the subject of financial or elder abuse. Often family members believe that a power of attorney or healthcare power may be sufficient, but often they are wrong. Sadly, even more often the person who holds those powers is the one abusing the loved one. Whether you need help analyzing whether a conservatorship is warranted, or need help defending against a frivolous conservatorship action, we can help.
Financial elder abuse is one of the fastest growing areas of law, affecting one of the most vulnerable sectors of our society. California’s elder abuse statutes provide extra protections to those 65 years of age and older who were victimized by the fraud or theft of another, most often a “loved one” who takes advantage of mom, dad, aunt, uncle, grandma or grandpa’s incapacity. We have successfully prosecuted and defended hundreds of financial elder abuse cases.
Creditor Case Results
RMO has a proven track record of protecting people and defending legacies.
Defense of Trustee Against Breach of Fiduciary Duty for Imprudent Investments
Defended the successor trustee of a family trust against claims from his brother that he had breached his fiduciary duty to invest trust assets prudently when a concentrated commodity position he amassed lost essentially all its value swiftly. The probate court denied the charge on evidence presented by RMO that the trust’s broad investment powers and the deceased settlor’s speculative investment meant there the investment loss could not constitute a breach.
Recovery of Stolen Trust Property + Double Damages and Attorney’s Fees
Representing the successor professional fiduciary trustee, secured a seven-figure probate court judgment, plus double damages, attorney’s fees and costs in recovering real property that had been transferred and stolen by an unscrupulous trust beneficiary.
Addressing Grandma’s Stolen Home
On behalf of the granddaughter administrator of grandma’s probate estate, secured a judgment against grandma’s daughter and son-in-law to recover title to grandma’s home and monies wrongfully withdrawn against the property.
Dependent Adult Financial Abuse Remedied
Secured the intestate probate estate of our clients, the rightful heirs of their cousin’s estate, who had fallen prey to an ex-con drug dealer “friend” who had coerced the cousin to sign will documents while dying in his hospital bed.
Thieving Neighbor’s Financial Elder Abuse Rectified, With Double Damages
Representing the institutional successor trustee of a family trust, obtained a financial elder abuse judgment against a neighbor “friend” abuser who had taken significant sums of money from an elderly man just months before he died, including double damages interest, attorney’s fees and costs.
Trust Amendment Invalidated for Undue Influence
After trial, awarded a seven-figure judgment, plus attorney’s fees and costs on behalf of the elderly niece of the decedent, where auntie’s neighbor/caregiver used undue influence to connive her way into becoming the primary beneficiary of her trust shortly before she passed.
From Our Blog
Insights and advice for creditors from our blog.
- News
- 2 min read
Scott Rahn & Mathew Wrenshall Named Los Angeles Business Journal “Leaders of Influence: Litigators & Trial Attorneys”
RMO LLP Founding Partner Scott Rahn and Pasadena Managing Partner Mathew Wrenshall have been named among the Los Angeles Business Journal’s Leaders of Influence: [...]
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