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Scott Edward Rahn

Scott Edward Rahn

Probate Lawyers and Trust Litigation Attorneys. Call Now for Free Consultation.
  • Probate, Estate Planning
  • California
Claimed Lawyer ProfileSocial Media
Biography

RMO LLP resolves contests, disputes and litigation related to trusts, estates and conservatorships, creating a welcome peace of mind for clients.

We represents heirs, beneficiaries, trustees and executors, utilizing our experience to develop and implement strategies that swiftly and cost-effectively address the financial issues, fiduciary duties and emotional complexities underlying trust contests, estates conflicts and probate litigation.

Driven by a commitment to provide relief to people grieving the loss of a loved one, RMO collaborates closely with clients. We pursue and defend claims involving incapacity, incompetence, undue influence, breach of fiduciary duty, and other similar areas of dispute. Our advice and counsel includes prevention and remediation of financial elder abuse.

Our clients are typically embroiled in inheritance disputes, trust contests, will contests, caregiver undue influence, step-parent undue influence, sibling undue influence, estate administration irregularities, beneficiary bias, trustee misappropriation, accounting irregularities, breach of fiduciary duty, beneficiary theft, trust investigations, accusations of wrongdoing, fraudulent behavior, wrongful taking something from an estate, and breach of fiduciary duties. RMO focuses on identifying and correcting where behavior went wrong, and where pointing out where allegations of wrongdoing are simply wrong.

Practice Areas
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Estate Planning
    Guardianship & Conservatorship Estate Administration
Additional Practice Areas
  • Probate & Trust Litigation
  • General Commercial Litigation
  • Financial Elder Abuse
  • Probate & Trust Administration
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
California
ID Number: 222528
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Languages
  • English: Spoken, Written
  • Portuguese: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Founder & Managing Partner
RMO LLP
- Current
RMO is a litigation boutique. That's all we do. We provide personalized, efficient, cost-effective legal services to our clients, whether individuals or Fortune 500 companies. We focus only on probate and trust estate litigation matters, securities issues, and business disputes. We do not do everything, but what we do we do well. RMO was founded in 2015 and rebranded in 2016. Let us know how we can help you solve your dispute.
Shareholder
Greenberg Taurig
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Represented many of the world's largest, global financial institutions in fiduciary litigation, regulatory investigations, and enforcement proceedings. Individual clients included beneficiaries and fiduciaries in contested probate and trust estate litigation matters, contested conservatorship and guardianship matters, and related administration matters.
Attorney
Foley & Lardner LLP
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Developed further significant experience in probate and trust estate litigation, as well as estate planning, estate administration and related trust and estate matters.
Attorney
Keesal, Young & Logan
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Enjoyed substantive mentoring and first-chair opportunities that honed litigation skills in fiduciary litigation matters, including probate and financial industry litigation and regulatory matters.
Education
University of San Diego School of Law
J.D. (2002)
University of San Diego School of Law Logo
University of Wisconsin - Madison
B.A. (1999) | Spanish and International Latin American Relations
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Awards
“Top 100 – Trust and Estate Litigation”
Super Lawyers
Top Litigator
Los Angeles Business Journal, Leaders of Influence: Litigators & Trial Lawyers
Legal Visionary
Business of Law: Trends, Updates & Visionaries, Los Angeles Times
Top Litigator
Los Angeles Business Journal, Leaders of Influence: Litigators & Trial Lawyers
Best Lawyers in America for Litigation – Trusts and Estates
Best Lawyers
Trusts and Estates Litigator of the Year
Century City Bar Association
“Elite Boutique Trailblazer”
National Law Journal
Professional Associations
Orange County Bar Association - Trusts & Estates Section
Member
Current
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Woodland Hills Trust and Estate Planning Council
Speaker
Current
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South Bay Bar Association
Speaker
Current
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San Luis Obispo Bar Association
Speaker
Current
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Fiduciary Round Table of the San Gabriel Valley
Speaker
Current
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Ventura County Bar Association
Speaker/Member
Current
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San Francisco Bar Association - Estate Planning Probate and Trust Section
Member
Current
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Marin County Bar Association
Member
Current
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Santa Barbara Bar Association
Member
Current
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Palo Alto Bar Association
Member
Current
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Monterey Bar Association
Member
Current
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Santa Cruz Bar Association
Member
Current
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Private Client Global Elite
Member
Current
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Beverly Hills Estate Planning Council
President Emeritus
Current
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Southland California Alzheimer’s Association
Board Member
Current
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Beverly Hills Bar Association – Trusts and Estates Section
Speaker/Member
Current
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San Fernando Valley Bar Association
Speaker
Current
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Los Angeles County Bar Association – Trusts & Estates Section
Member
Current
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San Diego County Bar Association – Trusts & Estates Section
Member
Current
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California State Bar  # 222528
Member
- Current
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Speaking Engagements
Attacks on Trusts
Global Elite
Trustee's Obligation to Inform Beneficiaries
Strafford
Probate Litigation 101
Los Angeles Paralegal Association
The Conservatorship of Britney Spears
Trust & Estate Litigation Update
Websites & Blogs
Website
RMO LLP
Videos
For your trust to work as intended, it must avoid future trust contests and disputes amongst heirs and beneficiaries. Here are a few tips I’ve learned from experience that should help your trust avoid future trusts contests and disputes. 5 Tips to Avoid Trust Contests and Disputes | RMO Lawyers

For your trust to work as intended, it must avoid future trust contests and disputes amongst heirs and beneficiaries. Here are a few tips I’ve learned from experience that should help your trust avoid future trusts contests and disputes.

When a trust becomes irrevocable, such as when a person passes away or becomes incapacitated, the acting Trustee of the trust must send a trust notice to all beneficiaries that complies with California Probate Code Section 16061.7. A Guide to Sending 16061.7 Trust Notices for Trustees

When a trust becomes irrevocable, such as when a person passes away or becomes incapacitated, the acting Trustee of the trust must send a trust notice to all beneficiaries that complies with California Probate Code Section 16061.7.

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. Can a Successor Trustee Change or Amend a Trust? | RMO Lawyers

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.

The short answer is yes, a trustee can also be a trust beneficiary. One of the most common types of trust is the revocable living trust, which states the person’s wishes for how their assets should be distributed after they die. Many people use living trusts to guide the inheritance process and avoid probate. In many family trusts, the trustee is often also a beneficiary. Can a Trustee Also Be a Beneficiary? | RMO Lawyers

The short answer is yes, a trustee can also be a trust beneficiary. One of the most common types of trust is the revocable living trust, which states the person’s wishes for how their assets should be distributed after they die. Many people use living trusts to guide the inheritance process and avoid probate. In many family trusts, the trustee is often also a beneficiary.

Can a trustee remove a beneficiary from a trust? Yes. Is it common? No. Upon the death of a decedent, most trusts become irrevocable. An irrevocable trust is intended to be just that: Irrevocable. That means the individuals creating the trust intended its assets for the beneficiaries, without change. Sometimes, however, we see married couples give the surviving spouse, who often is also acting as trustee, a general or limited power of appointment. Can a Trustee Remove a Beneficiary from a Trust | RMO Lawyers

Can a trustee remove a beneficiary from a trust? Yes. Is it common? No. Upon the death of a decedent, most trusts become irrevocable. An irrevocable trust is intended to be just that: Irrevocable. That means the individuals creating the trust intended its assets for the beneficiaries, without change. Sometimes, however, we see married couples give the surviving spouse, who often is also acting as trustee, a general or limited power of appointment.

An executor can override a beneficiary if they need to do so to follow the terms of the will. Executors are legally required to distribute estate assets according to what the will says. This means that if a beneficiary disagrees with the distribution in the will or other terms the executor can — and must — disregard the beneficiary’s desires to carry out the will’s requirements. Can an Executor Override a Beneficiary? RMO Lawyers

An executor can override a beneficiary if they need to do so to follow the terms of the will. Executors are legally required to distribute estate assets according to what the will says. This means that if a beneficiary disagrees with the distribution in the will or other terms the executor can — and must — disregard the beneficiary’s desires to carry out the will’s requirements.

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 passes away. Can I Contest My Parents' Will in California? | RMO Lawyers

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 passes away.

Generally speaking, the executor of a will cannot take everything simply based on their status as executor. Executors are bound by the terms of the will and must distribute assets as the will directs. This means that executors cannot ignore the asset distribution in the will and take everything for themselves. However, if the executor of the will is also the only beneficiary named in the will, they can take the estate assets after debts and taxes are paid. Can the Executor of a Will Take Everything? | RMO Lawyers

Generally speaking, the executor of a will cannot take everything simply based on their status as executor. Executors are bound by the terms of the will and must distribute assets as the will directs. This means that executors cannot ignore the asset distribution in the will and take everything for themselves. However, if the executor of the will is also the only beneficiary named in the will, they can take the estate assets after debts and taxes are paid.

What is a generation skipping trust? A generation-skipping trust is a type of irrevocable trust agreement that allows grantors to leave their assets to their grandchildren, “skipping” their children. While grandchildren are the most common beneficiaries of generation skipping trusts, anyone who is at least 37½ years younger than the grantor and is not the grantor’s spouse or ex-spouse can be named as a beneficiary of a generation skipping trust. Can You Dissolve a Generation Skipping Trust? | RMO Lawyers

What is a generation skipping trust? A generation-skipping trust is a type of irrevocable trust agreement that allows grantors to leave their assets to their grandchildren, “skipping” their children. While grandchildren are the most common beneficiaries of generation skipping trusts, anyone who is at least 37½ years younger than the grantor and is not the grantor’s spouse or ex-spouse can be named as a beneficiary of a generation skipping trust.

While you technically cannot sue a family trust, you can sue the trustee of a family trust if you have a claim to assets held by that trust, or if you think that the trustee is mismanaging or stealing from the trust. Can you sue a family trust? | RMO Lawyers

While you technically cannot sue a family trust, you can sue the trustee of a family trust if you have a claim to assets held by that trust, or if you think that the trustee is mismanaging or stealing from the trust.

Contesting a trust is 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 of wills and trusts go undisputed, there’s nothing wrong with contesting a will or trust. Contesting a Trust: How Will My Family React? | RMO Lawyers

Contesting a trust is 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 of wills and trusts go undisputed, there’s nothing wrong with contesting a will or trust.

Rest assured, many Los Angeles Superior Court probate petitions generate probate notes. They’re very common and easy to address. If you’re working with a probate attorney, they should be handling everything. If you’re doing things on your own, here’s a simple guide. Guide to Los Angeles Superior Court Probate Notes

Rest assured, many Los Angeles Superior Court probate petitions generate probate notes. They’re very common and easy to address. If you’re working with a probate attorney, they should be handling everything. If you’re doing things on your own, here’s a simple guide.

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. Guide to Pretermitted Heirs, Spouses, and Children

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.

Probate lawyer and attorney costs are standardized in California and most other states. Plus, other fees and compensation also are predetermined. To help clarify, let’s discuss the four basic groups of probate lawyer costs and other fees. How Much Does a Probate Lawyer Cost | RMO Lawyers

Probate lawyer and attorney costs are standardized in California and most other states. Plus, other fees and compensation also are predetermined. To help clarify, let’s discuss the four basic groups of probate lawyer costs and other fees.

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? | RMO Lawyers

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.

There are few probate and trust situations as emotional as Financial Elder Abuse. Adding money, inheritance, and other assets to an abuse situation can become overwhelming for victims and families. At RMO, we protect clients faced with difficult elder financial abuse situations everyday. How to Choose an Elder Financial Abuse Attorney

There are few probate and trust situations as emotional as Financial Elder Abuse. Adding money, inheritance, and other assets to an abuse situation can become overwhelming for victims and families. At RMO, we protect clients faced with difficult elder financial abuse situations everyday.

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 passes away. How to Contest a Trust in California | RMO Lawyers

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 passes away.

Contesting a will means to legally challenge the legitimacy of a will in probate court. How to win a will contest in Los Angeles is another matter. How to Contest a Will and Win | RMO Lawyers

Contesting a will means to legally challenge the legitimacy of a will in probate court. How to win a will contest in Los Angeles is another matter.

Disinheriting a spouse can be a fundamentally simple – but realistically flawed – process: Simply ask your spouse to sign a contract (e.g. a prenup or postnup) wherein they agree to be disinherited — and to receive none of your estate assets. The challenge is obvious: Most of the time when the topic of assets or disinheritance arises it is highly sensitive, and if the marriage is already strained the spouse will refuse to agree to be disinherited. How to Disinherit a Spouse | RMO Lawyers

Disinheriting a spouse can be a fundamentally simple – but realistically flawed – process: Simply ask your spouse to sign a contract (e.g. a prenup or postnup) wherein they agree to be disinherited — and to receive none of your estate assets. The challenge is obvious: Most of the time when the topic of assets or disinheritance arises it is highly sensitive, and if the marriage is already strained the spouse will refuse to agree to be disinherited.

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 may use litigation to secure a new conservator or to terminate a conservatorship altogether. How to Fight Conservatorship Abuse | RMO Lawyers

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 may use litigation to secure a new conservator or to terminate a conservatorship altogether.

What is a trust accounting objection, when should you file a trust accounting objection, and how long do you have to file an objection? Here’s a helpful overview and guide. How to File a Trust Accounting Objection | RMO Lawyers

What is a trust accounting objection, when should you file a trust accounting objection, and how long do you have to file an objection? Here’s a helpful overview and guide.

Are you going through the probate process and need to open an estate account to pay the decedent’s bills and creditors? If you’re working with a probate lawyer, they should handle everything for you. If you’re doing it yourself, all banks like Wells Fargo, Bank of America, and Etrade will be familiar with your needs, and ready to help you open an estate account. Here’s a simple guide. How To Open Estate Bank Account | RMO Lawyers

Are you going through the probate process and need to open an estate account to pay the decedent’s bills and creditors? If you’re working with a probate lawyer, they should handle everything for you. If you’re doing it yourself, all banks like Wells Fargo, Bank of America, and Etrade will be familiar with your needs, and ready to help you open an estate account. Here’s a simple guide.

Removing a successor trustee is possible, and generally requires filing a petition for removal, while working with a trust litigation attorney. For trust litigators, a common question is whether a successor trustee can be removed or replaced. Successor trustees don’t always manage the trust effectively, or respect the grantor’s true wishes. Sometimes successor trustees will try to disinherit heirs or engage in self-serving practices that violate their fiduciary duties. How to Remove a Successor Trustee

Removing a successor trustee is possible, and generally requires filing a petition for removal, while working with a trust litigation attorney. For trust litigators, a common question is whether a successor trustee can be removed or replaced. Successor trustees don’t always manage the trust effectively, or respect the grantor’s true wishes. Sometimes successor trustees will try to disinherit heirs or engage in self-serving practices that violate their fiduciary duties.

Settling an estate without a will is very common. As an estate increases in value and complexity, the process tends to take longer. Here’s a guide for families and executors/administrators. How to Settle an Estate Without a Will

Settling an estate without a will is very common. As an estate increases in value and complexity, the process tends to take longer. Here’s a guide for families and executors/administrators.

A partition action allows a co-owner of a property to force a sale of the property, so they can take their share of the proceeds. However, in some cases, the other co-owners may not want to sell the property. While it’s very difficult, legally, to stop a partition action there are alternatives. How to Stop a Partition Action | RMO Lawyers

A partition action allows a co-owner of a property to force a sale of the property, so they can take their share of the proceeds. However, in some cases, the other co-owners may not want to sell the property. While it’s very difficult, legally, to stop a partition action there are alternatives.

Settlor of Trust, Successor Trustee, Trustor, Administrator of Trust are common terms in estate planning and trust litigation. What do they all mean? Here’s a 5-minute guide to understanding their meanings, and how they may affect you. Meanings of Settlor of Trust, Successor Trustee, and Trustor | RMO Lawyers

Settlor of Trust, Successor Trustee, Trustor, Administrator of Trust are common terms in estate planning and trust litigation. What do they all mean? Here’s a 5-minute guide to understanding their meanings, and how they may affect you.

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. Power Of Appointment Trust: Quick Overview

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.

Probate notes are a normal part of the probate administration process. When you file your Petition for Probate, the probate examiner may issue “probate notes” that ask for additional information or clarification. Then it’s your job to file a supplement to answer the examiner’s questions. In many cases, it makes sense to hire a probate lawyer to handle the administration for you. Let’s take a look at some of the reasons why. Probate Notes: When to hire a probate lawyer? | RMO Lawyers

Probate notes are a normal part of the probate administration process. When you file your Petition for Probate, the probate examiner may issue “probate notes” that ask for additional information or clarification. Then it’s your job to file a supplement to answer the examiner’s questions. In many cases, it makes sense to hire a probate lawyer to handle the administration for you. Let’s take a look at some of the reasons why.

If you suspect a sibling is stealing from an estate or trust in which you are a beneficiary, you very likely need the protection of a trust litigation attorney. Unfortunately, sibling theft is an all-too-common occurrence. Fortunately, an experienced trust litigation attorney can usually help recover stolen assets, and quite possibly have your sibling disinherited and recover attorney’s fees and costs. Sibling Stealing from Estate: What to Do | RMO Lawyers

If you suspect a sibling is stealing from an estate or trust in which you are a beneficiary, you very likely need the protection of a trust litigation attorney. Unfortunately, sibling theft is an all-too-common occurrence. Fortunately, an experienced trust litigation attorney can usually help recover stolen assets, and quite possibly have your sibling disinherited and recover attorney’s fees and costs.

Undue influence and duress are frequently cited in probate and trust litigation. Both are used by abusers as a means to gain the favor of wealthy spouses and family members, with the goal of getting more estate assets. The #1 Difference Between Undue Influence and Duress | RMO Lawyers

Undue influence and duress are frequently cited in probate and trust litigation. Both are used by abusers as a means to gain the favor of wealthy spouses and family members, with the goal of getting more estate assets.

As a pretermitted child, you likely have legal rights to an estate inheritance. Here’s a simple guide to help you get started in the process to get your inheritance. The 5-Minute Guide for Pretermitted Children | RMO Lawyers

As a pretermitted child, you likely have legal rights to an estate inheritance. Here’s a simple guide to help you get started in the process to get your inheritance.

When you contest a will, you challenge the legitimacy of the will in probate court. If a will contest is successful, the court will throw out the invalid will, and the deceased’s property will be distributed either per the terms of an older will or local state probate law. Importantly, you are unlikely to successfully dispute a will simply because you do not like what it says or you disagree with the property distribution. The Beneficiary's Guide to Contesting a Will | RMO Lawyers

When you contest a will, you challenge the legitimacy of the will in probate court. If a will contest is successful, the court will throw out the invalid will, and the deceased’s property will be distributed either per the terms of an older will or local state probate law. Importantly, you are unlikely to successfully dispute a will simply because you do not like what it says or you disagree with the property distribution.

If you’re the beneficiary of a dynasty trust, you might not know what to expect. Dynasty trusts are complicated legal structures, and it makes sense that you might be a bit confused. Below is a quick guide to understanding dynasty trusts. The Beneficiary's Guide to Dynasty Trusts | RMO Lawyers

If you’re the beneficiary of a dynasty trust, you might not know what to expect. Dynasty trusts are complicated legal structures, and it makes sense that you might be a bit confused. Below is a quick guide to understanding dynasty trusts.

Disinheritance is quite common. Spouses, children, stepchildren, adopted children, domestic partners, etc. can be disinherited in many states. Not surprisingly, disinheritance often leads to those disinherited contesting the will, trust, codicil or amendment that disinherits them. Whether you’re a disinherited child, a disinherited spouse, an individual seeking to disinherit someone, or someone who is involved in a disinheritance case, here’s a helpful guide. The Definitive Guide to Disinheritance | RMO Lawyers

Disinheritance is quite common. Spouses, children, stepchildren, adopted children, domestic partners, etc. can be disinherited in many states. Not surprisingly, disinheritance often leads to those disinherited contesting the will, trust, codicil or amendment that disinherits them. Whether you’re a disinherited child, a disinherited spouse, an individual seeking to disinherit someone, or someone who is involved in a disinheritance case, here’s a helpful guide.

What is a partition action? A partition action (see California Code of Civil Procedure Section 872.210) is an action taken to divide a real estate property fairly among its co-owners. The Definitive Guide to Partition Actions | RMO Lawyers

What is a partition action? A partition action (see California Code of Civil Procedure Section 872.210) is an action taken to divide a real estate property fairly among its co-owners.

Right of Survivorship is a tool used in estate planning to protect the intent of a decedent regarding real estate property and other jointly held properties. The Definitive Guide to Right of Survivorship | RMO Lawyers

Right of Survivorship is a tool used in estate planning to protect the intent of a decedent regarding real estate property and other jointly held properties.

Most states allow for a parent to disinherit a child. Those that do not still allow for partial disinheritance. Whether fully or partially disinherited, a child may still have rights to their inheritance. They key is to prove the child was disinherited for unjustifiable reasons, the parent lacked capacity when they disinherited the child, the parent was unduly influenced to disinherit the child, or the parent was not allowed to disinherit the child from the trust created by a deceased parent. The Disinherited Child's Guide to Getting an Inheritance | RMO Lawyers

Most states allow for a parent to disinherit a child. Those that do not still allow for partial disinheritance. Whether fully or partially disinherited, a child may still have rights to their inheritance. They key is to prove the child was disinherited for unjustifiable reasons, the parent lacked capacity when they disinherited the child, the parent was unduly influenced to disinherit the child, or the parent was not allowed to disinherit the child from the trust created by a deceased parent.

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 of breach. The Fiduciary's Guide to Conflict of Interest Claims | RMO Lawyers

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 of breach.

As a pretermitted spouse, you likely have legal rights to an estate inheritance. Here’s a simple guide to help you get started in the process to get your inheritance. The Guide for the Pretermitted Spouse | RMO Lawyers

As a pretermitted spouse, you likely have legal rights to an estate inheritance. Here’s a simple guide to help you get started in the process to get your inheritance.

What is Dead Man’s Statute? Dead Man’s Statute, also known as “Dead Man’s Rule” or “Dead Man Act,” is a rule of evidence that prohibits an interested party from testifying about conversations or transactions with a deceased person in a civil case. The Guide to Dead Man's Statute and Exceptions | RMO Lawyers

What is Dead Man’s Statute? Dead Man’s Statute, also known as “Dead Man’s Rule” or “Dead Man Act,” is a rule of evidence that prohibits an interested party from testifying about conversations or transactions with a deceased person in a civil case.

Caregivers across California are suffering from unpaid wages, underpaid wages, wage theft and overtime violations. Many employing elderly care services are operating in violation of California labor laws by failing to properly pay their employees. If you’re a caregiver or a fiduciary responsible for making sure caregivers are paid properly, what should you do? Here’s a guide. The Guide to Elder Caregiver Unpaid Wages, Wage Theft, and Overtime Violations | RMO Lawyers

Caregivers across California are suffering from unpaid wages, underpaid wages, wage theft and overtime violations. Many employing elderly care services are operating in violation of California labor laws by failing to properly pay their employees. If you’re a caregiver or a fiduciary responsible for making sure caregivers are paid properly, what should you do? Here’s a guide.

Elder financial abuse by family members is more common than you may think, and California courts have been cracking down on it more and more in recent years. Sometimes called “senior fraud,” elder financial abuse can range from something as simple as stealing cash out of grandma’s wallet to something as sophisticated as taking control of an entire estate through high-level fraud schemes. The Guide to Elder Financial Abuse | RMO Lawyers

Elder financial abuse by family members is more common than you may think, and California courts have been cracking down on it more and more in recent years. Sometimes called “senior fraud,” elder financial abuse can range from something as simple as stealing cash out of grandma’s wallet to something as sophisticated as taking control of an entire estate through high-level fraud schemes.

Family trust embezzlement and stealing is more common than you might think. At RMO Lawyers, we investigate, prosecute and defend these claims every day. The Guide to Family Trust Embezzlement and Stealing

Family trust embezzlement and stealing is more common than you might think. At RMO Lawyers, we investigate, prosecute and defend these claims every day.

Intestate succession refers to the process under California inheritance laws that details what happens to a person’s estate assets when that person dies without a last will and testament. California’s inheritance laws are straightforward and dictate how a loved one’s estate assets will be distributed after they pass without a will. The Guide To Intestate Succession in California | RMO Lawyers

Intestate succession refers to the process under California inheritance laws that details what happens to a person’s estate assets when that person dies without a last will and testament. California’s inheritance laws are straightforward and dictate how a loved one’s estate assets will be distributed after they pass without a will.

Estate disputes that occur after a loved one passes away can be painful and exhausting, emotionally and financially. It’s for these reasons we often recommend that our clients participate in mediation to resolve their issues. In this guide to mediation of estate disputes, we'll cover the primary things you need to know about how mediation can help you and your family work through estate conflicts so you can all move on sooner. The Guide to Mediation of Estate Disputes | RMO Lawyers

Estate disputes that occur after a loved one passes away can be painful and exhausting, emotionally and financially. It’s for these reasons we often recommend that our clients participate in mediation to resolve their issues. In this guide to mediation of estate disputes, we'll cover the primary things you need to know about how mediation can help you and your family work through estate conflicts so you can all move on sooner.

Orange County Superior Court probate notes are received after you’ve filed your Petition for Probate with the OCSC probate division. Probate notes are simply the probate court examiner asking for clarification regarding information entered on your Petition for Probate. To address the notes, you’ll file a Supplement to Petition for Probate prior to your probate court hearing. The Guide To Orange County Probate Notes and Supplements | RMO Lawyers

Orange County Superior Court probate notes are received after you’ve filed your Petition for Probate with the OCSC probate division. Probate notes are simply the probate court examiner asking for clarification regarding information entered on your Petition for Probate. To address the notes, you’ll file a Supplement to Petition for Probate prior to your probate court hearing.

Power of attorney abuse and sibling conflicts can be emotional and complex. Here’s our guide to power of attorney problems, contests, disputes, and abuse. The Guide To Power Of Attorney Abuse And Contests | RMO Lawyers

Power of attorney abuse and sibling conflicts can be emotional and complex. Here’s our guide to power of attorney problems, contests, disputes, and abuse.

California Probate Code 850 (commonly referred to as a Heggstad petition) guides the legal process of avoiding lengthy court probate administration procedures by asking a court to order properties that should have been but were not titled in the name of a trust. A powerful, cost-effective tool, Heggstad petitions can save you time and money. The Guide to Probate Code 850 and Heggstadt Petitions | RMO Lawyers

California Probate Code 850 (commonly referred to as a Heggstad petition) guides the legal process of avoiding lengthy court probate administration procedures by asking a court to order properties that should have been but were not titled in the name of a trust. A powerful, cost-effective tool, Heggstad petitions can save you time and money.

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. The Guide to Removing an Executor of Estate | RMO Lawyers

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.

Sibling inheritance laws and rights are clearly defined in California, and most U.S. states, by probate code intestacy laws. If an individual dies without a will, their surviving spouse, domestic partner, and children are given an inheritance priority. If there are no surviving spouse, domestic partner, nor children, then their surviving parents are next in line. Surviving siblings inherit assets only if there are no surviving spouse, domestic partner, children, grandchildren, nor parents. The Guide to Sibling Inheritance Laws and Rights | RMO Lawyers

Sibling inheritance laws and rights are clearly defined in California, and most U.S. states, by probate code intestacy laws. If an individual dies without a will, their surviving spouse, domestic partner, and children are given an inheritance priority. If there are no surviving spouse, domestic partner, nor children, then their surviving parents are next in line. Surviving siblings inherit assets only if there are no surviving spouse, domestic partner, children, grandchildren, nor parents.

Undue influence by step parents is a sensitive topic. 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 cases against stepfathers. The Guide to Undue Influence by Step Parents | RMO Lawyers

Undue influence by step parents is a sensitive topic. 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 cases against stepfathers.

Here’s an easy guide to understanding conservatorships, the process, working with an attorney, and the basic costs. Plus, we’ll cover some variations on conservatorships, including guardianship, advanced healthcare directives, LPS conservatorships, and limited conservatorships. The Los Angeles Guide To Conservatorship | RMO Lawyers

Here’s an easy guide to understanding conservatorships, the process, working with an attorney, and the basic costs. Plus, we’ll cover some variations on conservatorships, including guardianship, advanced healthcare directives, LPS conservatorships, and limited conservatorships.

Sometimes family members have good reason for disinheriting someone. For example, a parent may have already given substantial assets to a spouse, child or grandchild, and feel like they’ve given enough. To ensure their intentions are followed, they disinherit that person. The Most Common Grounds For Disinheritance | RMO Lawyers

Sometimes family members have good reason for disinheriting someone. For example, a parent may have already given substantial assets to a spouse, child or grandchild, and feel like they’ve given enough. To ensure their intentions are followed, they disinherit that person.

Financial elder abuse is a highly emotional situation, made that much more complicated by the fact that all-too-frequently the abuser is a family member. Due to that familial relationship, it’s only natural that victims are concerned about what will happen to the abuser if an elder financial abuse attorney is hired. The Most Common Penalty for Financial Elder Abuse | RMO Lawyers

Financial elder abuse is a highly emotional situation, made that much more complicated by the fact that all-too-frequently the abuser is a family member. Due to that familial relationship, it’s only natural that victims are concerned about what will happen to the abuser if an elder financial abuse attorney is hired.

What is the penalty for stealing from an estate? When an abuser steals from an estate, the penalty can be as little as simply returning the stolen monies or assets to the trust or estate. However, the California Probate Code does provide statutory bases for pursuing double damages, treble damages, punitive damages, disinheritance of the abuser, attorney’s fees and/or costs in egregious cases. The Penalty for Stealing from an Estate | RMO Lawyers

What is the penalty for stealing from an estate? When an abuser steals from an estate, the penalty can be as little as simply returning the stolen monies or assets to the trust or estate. However, the California Probate Code does provide statutory bases for pursuing double damages, treble damages, punitive damages, disinheritance of the abuser, attorney’s fees and/or costs in egregious cases.

Estate contests and disputes can be intimidating for anyone, even a professional trustee. In this guide, we've answered some of the questions we’re commonly asked about estate and trust contests, estate disputes, and other issues professional trustees may face. The Professional Trustee's Guide to Estate Contests and Disputes | RMO Lawyers

Estate contests and disputes can be intimidating for anyone, even a professional trustee. In this guide, we've answered some of the questions we’re commonly asked about estate and trust contests, estate disputes, and other issues professional trustees may face.

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 your odds of protecting yourself. Here’s a quick guide. The Trustee's Guide to Breach of Trust Claims | RMO Lawyers

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 your odds of protecting yourself. Here’s a quick guide.

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 a trustee’s self dealing may need to be filed in civil court. The Trustee's Guide to Self Dealing Claims \ RMO Lawyers

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 a trustee’s self dealing may need to be filed in civil court.

Technically, a trustee can face criminal charges for embezzlement or criminal misappropriation of property if they steal money from a trust. However, crimes stemming from theft from an estate or trust is generally considered a civil matter and are rarely prosecuted criminally. Trustees are typically only charged with theft or a related crime in the most severe cases. The Trustee's Guide to Trust Theft Claims | RMO Lawyers

Technically, a trustee can face criminal charges for embezzlement or criminal misappropriation of property if they steal money from a trust. However, crimes stemming from theft from an estate or trust is generally considered a civil matter and are rarely prosecuted criminally. Trustees are typically only charged with theft or a related crime in the most severe cases.

A conflict of interest for a trustee occurs when the trustee’s personal interests potentially conflict with their responsibilities to the trust beneficiaries. The Trustee’s Guide to Conflict of Interest Claims | RMO Lawyers

A conflict of interest for a trustee occurs when the trustee’s personal interests potentially conflict with their responsibilities to the trust beneficiaries.

Contingent beneficiaries, remainder beneficiaries, remaindermen, and secondary beneficiaries have rights to estate or trust assets, but those rights are contingent upon the inability to distribute the assets to the primary beneficiary. Here’s a guide. The Ultimate Guide for a Contingent Beneficiary | RMO Lawyers

Contingent beneficiaries, remainder beneficiaries, remaindermen, and secondary beneficiaries have rights to estate or trust assets, but those rights are contingent upon the inability to distribute the assets to the primary beneficiary. Here’s a guide.

Corporate trustee duties are complex and highly scrutinized. Why? When a trust is particularly large or contains a complex mixture of assets and investments, real properties, businesses and the tax considerations that go along with them, a corporate trustee is often appointed instead, or as a co-trustee to a family member successor trustee. The Ultimate Guide to Corporate Trustee Duties | RMO Lawyers

Corporate trustee duties are complex and highly scrutinized. Why? When a trust is particularly large or contains a complex mixture of assets and investments, real properties, businesses and the tax considerations that go along with them, a corporate trustee is often appointed instead, or as a co-trustee to a family member successor trustee.

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 is an unfortunately an all-too-common occurrence. The Ultimate Guide to Trustee Malfeasance | RMO Lawyers

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 is an unfortunately an all-too-common occurrence.

Whether you’re seeking to contest a family trust, or defending a family trust dispute, it’s important to contact a trust litigation attorney near you as soon as possible to help improve the chances of winning your case. Here’s a guide. The Winner's Guide to Family Trust Contests | RMO Lawyers

Whether you’re seeking to contest a family trust, or defending a family trust dispute, it’s important to contact a trust litigation attorney near you as soon as possible to help improve the chances of winning your case. Here’s a guide.

Executors cannot do things which are contrary to the benefit of heirs, beneficiaries, and the estate. This means if you suspect an executor is withholding your inheritance distributions, you would have the right to sue the estate, or litigate to suspend, remove and replace the executor. What an Executor Can and Cannot Do | RMO Lawyers

Executors cannot do things which are contrary to the benefit of heirs, beneficiaries, and the estate. This means if you suspect an executor is withholding your inheritance distributions, you would have the right to sue the estate, or litigate to suspend, remove and replace the executor.

A primary beneficiary is the first in line to receive a particular asset or amount of money. They will typically receive this asset as long as they are still alive when the deceased passes away. If they predecease the will’s maker, the contingent beneficiary will step into their place and receive the asset or funds instead. What Are Primary and Contingent Beneficiaries? | RMO Lawyers

A primary beneficiary is the first in line to receive a particular asset or amount of money. They will typically receive this asset as long as they are still alive when the deceased passes away. If they predecease the will’s maker, the contingent beneficiary will step into their place and receive the asset or funds instead.

If your sibling dies without a will, their surviving spouse, domestic partner, and children are first in line to inherit. In fact, if there is no will, siblings will only inherit if there are no surviving children, grandchildren, or parents. What Are Siblings' Rights After Parents' Death? | RMO Lawyers

If your sibling dies without a will, their surviving spouse, domestic partner, and children are first in line to inherit. In fact, if there is no will, siblings will only inherit if there are no surviving children, grandchildren, or parents.

While California law grants executors considerable authority in managing estate assets, the powers of an executor of a will are limited by the fiduciary duties owed to the estate and its beneficiaries. This means that executors are legally required to act in the best interests of the estate and its beneficiaries. In no case can an executor place their own self-interest above the interests of the estate. What Are the Powers of the Executor of a Will? | RMO Lawyers

While California law grants executors considerable authority in managing estate assets, the powers of an executor of a will are limited by the fiduciary duties owed to the estate and its beneficiaries. This means that executors are legally required to act in the best interests of the estate and its beneficiaries. In no case can an executor place their own self-interest above the interests of the estate.

What does a probate lawyer do? 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 beneficiaries to distributing assets and inheritances. What Does a Probate Lawyer Do? | RMO Lawyers

What does a probate lawyer do? 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 beneficiaries to distributing assets and inheritances.

A probate litigation attorney helps individuals, heirs, beneficiaries, executors, and trustees navigate the litigation process to secure the best result. What Does A Probate Litigation Attorney Do? | RMO Lawyers

A probate litigation attorney helps individuals, heirs, beneficiaries, executors, and trustees navigate the litigation process to secure the best result.

Unlike some states and countries that have forced heirship laws, California allows you to distribute your estate assets in any way you would like, which means you also can disinherit anyone you want. What Does It Mean to Disinherit Someone? | RMO Lawyers

Unlike some states and countries that have forced heirship laws, California allows you to distribute your estate assets in any way you would like, which means you also can disinherit anyone you want.

An Affidavit of Heirship is a legal document used in some states to establish the legal heirs of a person who dies without a will. The laws surrounding heirship, intestacy, and probate can be complicated and confusing to navigate, especially while mourning the loss of a loved one. Consulting an estate attorney is key to understanding whether these forms may be used or a probate will be needed. What Is an Affidavit of Heirship | RMO Lawyers

An Affidavit of Heirship is a legal document used in some states to establish the legal heirs of a person who dies without a will. The laws surrounding heirship, intestacy, and probate can be complicated and confusing to navigate, especially while mourning the loss of a loved one. Consulting an estate attorney is key to understanding whether these forms may be used or a probate will be needed.

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 the original trustee has passed away or becomes incapacitated. What Is an Appointment of a Successor Trustee? | RMO Lawyers

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 the original trustee has passed away or becomes incapacitated.

Generally speaking, a will is a legal document that describes your wishes for the distribution of your assets after your death, including your real estate and personal property. It can also name an estate executor or personal representative and nominate a guardian for any minor children. The person who is creating a will is called the “testator.” What To Do If a Will or Trust Was Changed | RMO Lawyers

Generally speaking, a will is a legal document that describes your wishes for the distribution of your assets after your death, including your real estate and personal property. It can also name an estate executor or personal representative and nominate a guardian for any minor children. The person who is creating a will is called the “testator.”

https://www.youtube.com/watch?v=qZoMByEijNY&t=7s Who Inherits Property if There Is No Will? | RMO Lawyers

https://www.youtube.com/watch?v=qZoMByEijNY&t=7s

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