Scott Edward Rahn

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

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

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

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,

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

Rest assured, many Los Angeles Superior Court probate petitions generate probate notes. They

As a pretermitted spouse or child, you may have legal rights to an estate inheritance. Here

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

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.

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

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

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

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

Are you going through the probate process and need to open an estate account to pay the decedent

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

Settling an estate without a will is very common. As an estate increases in value and complexity, the process tends to take longer. Here

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

Settlor of Trust, Successor Trustee, Trustor, Administrator of Trust are common terms in estate planning and trust litigation. What do they all mean? Here

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

Probate notes are a normal part of the probate administration process. When you file your Petition for Probate, the probate examiner may issue

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

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

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

If you

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

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.

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

As a pretermitted spouse, you likely have legal rights to an estate inheritance. Here

What is Dead Man

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

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

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

Estate disputes that occur after a loved one passes away can be painful and exhausting, emotionally and financially. It

Orange County Superior Court probate notes are received after you

Power of attorney abuse and sibling conflicts can be emotional and complex. Here

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.

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.

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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

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

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

Estate contests and disputes can be intimidating for anyone, even a professional trustee. In this guide, we've answered some of the questions we

A conflict of interest for a trustee occurs when the trustee

Trustees commonly face claims for breach of trust, misappropriation of trust funds, mismanagement, malfeasance, fraud, or breach of fiduciary duty. If you

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

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.

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

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.

Whether you

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

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 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.

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.

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

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

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