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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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Do you have a loved one who is having trouble handling their financial affairs or are struggling to manage their food and healthcare. If so, you should consider whether establishing a conservatorship is appropriate? Here’s an easy guide to understanding conservatorships, the process, working with an attorney, and the basic costs. Plus, we’ll cover some […]

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When a person passes away, his or her assets must be distributed to the rightful heirs and/or beneficiaries. Probate is the judicial or court mechanism by which this occurs when someone has no will, has a will, or has a trust but failed to fund all assets into that trust, leaving them subject to probate. […]

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As a pretermitted spouse or child, you may have legal rights to an estate inheritance. Here’s a simple guide to help you understand the definition of pretermitted, rights, statutes, and the litigation process.   What is the definition of a pretermitted heir? Pretermitted heir simply refers to a person who may have become an heir […]

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