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When a person passes away, their assets must be disbursed in a manner consistent with state laws and following the directions they put forth when they were alive, as stated in their will. A probate lawyer guides the executor of will or beneficiaries of an estate through the probate process: From identifying estate assets and […]

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Fighting conservatorship abuse is a complex and emotionally-charged topic. Seeing a loved one ignored or taken advantage of by the person or persons charged with caring for them is extremely disappointing and difficult. In the following, we’ll cover how to file a petition to suspend or remove an abusive conservator, and how a conservatorship attorney […]

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How much does probate cost in California? The price can range quite a bit. In the following, we will discuss three cost levels: Self-administered probate, assisted self-administered probate, and fully-assisted probate by retaining a probate lawyer.    How much does probate cost in California? In almost every case, the costs of administering probate are […]

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Sending out trust notices can be stressful. Here’s a guide to 16061.7 Trust Notice procedures, plus tips–and when to get a trust attorney.   What is a Probate Code section 16061.7 trust notice? When a trust becomes irrevocable, such as when a person passes away or becomes incapacitated, the acting Trustee of the trust must […]

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Family trust embezzlement and stealing is more common than you might think. At RMO Lawyers, we investigate, prosecute and defend these claims every day.   What is family trust embezzlement? Embezzlement is a form of theft, and it is a crime. In the case of family trusts, embezzlement refers to misappropriation of funds belonging to […]

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How common is contesting a trust? The short answer is that it’s more common than you might think. In fact, we pursue trust contests and help protect clients from family members contesting trusts every day. Each year in the United States, thousands of trusts and wills are disputed in probate court. While the vast majority […]

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Clients often call wondering how they can void a will that they feel does not represent their deceased loved one’s intent. Whether you call it voiding a will, disputing a will, challenging a will, or contesting a will –these all simply mean the court process by which a beneficiary name in a will, or an […]

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How to Contest a Trust in California Contesting a trust, disputing a trust, voiding a trust, invalidating a trust, etc. are all common terms for the legal process in which a beneficiary or heir seeks to change the inheritance, gift, bequest, or distribution they’re set to receive, per a trust agreement, after a loved one […]

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What is a power of appointment trust? A power of appointment or power of appointment trust is a legally binding provision contained in a trust which gives a surviving spouse or other beneficiary the authority to change the ultimate beneficiaries of a trust. For example, if a married couple’s trust contains power of appointment language, […]

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What is a partition action? The definition. The definition of a partition action (see California Code of Civil Procedure Section 872.210) is an action taken to divide a California real estate property fairly among its co-owners.   When do I need a partition action? In California, most people consider a partition action when they want […]

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Undue influence by step parents is a sensitive topic. The headline alone causes a reaction. Based on our experience, a stepmother is one of the most common perpetrators of undue influence. Whether real or perceived, we counsel clients frequently about the topic and regularly investigate these claims. We also investigate, prosecute, and defend undue influence […]

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