Scott E. Rahn

Attorney Profile

Top Rated Estate & Trust Litigation Attorney in Los Angeles, CA

RMO LLP
 | 2029 Century Park East, Suite 2910
Los Angeles, CA 90067
Phone: 424-552-3996
Selected To Super Lawyers: 2014 - 2021
Selected To Rising Stars: 2006 - 2008, 2010 - 2013
Licensed Since: 2002
Practice Areas:
  • Estate & Trust Litigation (80%),
  • Elder Law (10%),
  • Securities & Corporate Finance (10%)
Languages Spoken:
  • English,
  • Portuguese,
  • Spanish
    Attorney Profile

    Attorney Scott E. Rahn is the managing partner of RMO LLP in Los Angeles, California. A top-rated, award-winning attorney with more than 17 years of legal experience, Mr. Rahn devotes his practice on resolving conflicts and disputes involving estates, trusts, conservatorships and other areas of estate and trust administration, as well as securities and investment fraud.

    Throughout the course of his career, Mr. Rahn has earned a reputation for delivering highly customized, cost-effective solutions for heirs, beneficiaries, executors and trustees embroiled in complex litigation involving a wide range of disputes such as breaches of fiduciary duty, contested trusts and estates, probate litigation, financial elder abuse and fraud, undue influence, and other serious matters. At all turns, he provides invaluable and compassionate counsel to those he serves in order to help them obtain the favorable outcomes they expect and deserve.

    In recognition for his exemplary professionalism and outstanding legal abilities, Mr. Rahn holds an AV-Preeminent peer-review rating* from Martindale-Hubbell as well as designation from The Best Lawyers in America for litigation. In addition, the Century City Bar Association voted him Trusts and Estates Litigator of the Year in 2018, and The National Law Journal named him an "Elite Boutique Trailblazer" that same year. He has also earned Superb client ratings on Avvo.

    A 1999 graduate of the University of Wisconsin‒Madison, Mr. Rahn obtained his Juris Doctor from the University of San Diego School of Law in 2002. Highly active in his legal community, he is the President Emeritus of the Beverly Hills Estate Planning Council, where he routinely conducts lectures and seminars for the organization's Trusts and Estate Section.

    Mr. Rahn also frequently speaks before the Trusts and Estates Section of the San Fernando Valley Bar Association as well as the California Society of CPAs. He serves as President Emeritus for the Beverly Hills Estate Planning Council and is a member of the Trust & Estate Sections of the Los Angeles, Beverly Hills, San Diego and Orange County Bar Associations. He is also active with ProVisors and The State Bar of California, and he has served as a Probate Volunteer Settlement Officer with the Los Angeles Superior Court.

    *AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

    Best Lawyers® and The Best Lawyers in America© are registered trademarks of BL Rankings, LLC d/b/a Best Lawyers and Co., LLC. The names, logo, and database are protected under the trademark, copyright, and fair use laws of the United States of America. Any use of name, including in electronic form, must be made only by permission and under the guidelines of BL Rankings, LLC d/b/a Best Lawyers and Co., LLC.

     
    Practice Areas
    • 80%Estate & Trust Litigation
    • 10%Elder Law
    • 10%Securities & Corporate Finance
    Focus Areas

    Will Contests

    Selections

    Selected to Super Lawyers for 8 yearsmiddle-imageSelected to Rising Stars for 7 years

    Super Lawyers: 2014 - 2021 Rising Stars: 2006 - 2008, 2010 - 2013

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    Disclaimer:

    The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. The use of the internet or this contact form for communication is not necessarily a secure environment. Contacting a lawyer or law firm email through this service will not create an attorney-client relationship, and information will not necessarily be treated as privileged or confidential.

    About Scott Rahn

    Admitted: 2002, California

    Professional Webpage: https://rmolawyers.com/team-view/scott-e-rahn/

    Honors/Awards:

    • Best Lawyers in America for Litigation – Trusts and Estates, 2018
    • “Top Litigator”, Los Angeles Business JournalLeaders of Influence: Litigators & Trial Lawyers, 2020
    • “Power Players” Angeleno Magazine, 2019
    • Rated “Superb” “10” by Avvo
    • Rated AV Preeminent® 5 out of 5 by Martindale-Hubbell
    • “Elite Boutique Trailblazer” National Law Journal, 2018
    • Best Lawyers in America for Litigation – Trusts and Estates, 2019
    • Super Lawyers Rising Star - 2006, 2007, 2008, 2010, 2011, 2012, 2013
    • Trusts and Estates Litigator of the Year, Century City Bar Association, 2018
    • “Super Lawyer” Super Lawyers, Southern California Super Lawyers 2014-2019; “Rising Star” since 2006
    • “Top 100 – Trust and Estate Litigation” Super Lawyers, Southern California Super Lawyers 2017-2019

    Bar/Professional Activity:

    Pro bono/Community Service:

    • Los Angeles Superior Court Probate Volunteer Settlement Officer
    • Pro Bono Elder Abuse Litigation

    Scholarly Lectures/Writings:

    • Speaker - BH Bar Association, Trusts and Estates Section - Trust, estate and probate litigation (2018) Speaker - BH Bar Association, Trusts and Estates Section - Trust, estate and probate litigation (2019) Speaker - CalCPA - Trust, estate, probate and elder financial abuse litigation overview (2015)
    • Contributor – Los Angeles Daily Journal
    • Speaker, California Society of CPAs (CALPA)
    • Speaker, San Fernando Valley Bar Association – Trusts and Estates Section

    Representative Clients:

    • We built RMO with a practice focused on representing beneficiaries and professional and corporate fiduciaries (executors and trustees) in contested trust, probate and estate matters.  We have substantial experience in trust litigation, probate disputes, will contests, trust contests, and financial elder abuse matters.  We regularly handle probate cases throughout California, including probate courts in Los Angeles County, Orange County, Santa Barbara County, San Diego County, and Ventura County. We have an excellent record in handling trust, probate and conservatorship matters involving beneficiary disputes, contested inheritance rights, disputed creditor claims, breaches of fiduciary duty, estate or trust property with environmental issues, will and trust contests, capacity issues, claims of undue influence, financial elder abuse, contested powers of attorney, contested accountings, fraudulent transfers, partition actions and contested conservatorships. 

    Videos:

    • 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, Estate Litigation, Probate, Trust, 2021
    • 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, Estate Litigation, Probate, Trust, 2021
    • 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, Estate Litigation, Probate, Trust, 2021
    • 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. If a dispute arises, then an executor should petition the court for instructions, and that court order will then control how the issue is resolved., Can an Executor Override a Beneficiary? RMO Lawyers, Estate Litigation, Probate, Trust, 2021
    • 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, Estate Litigation, Probate, Trust, 2021
    • 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. To succeed you are going to need to be able to prove the will is not legally valid. Here’s a quick guide., The Beneficiary's Guide to Contesting a Will | RMO Lawyers, Estate Litigation, Probate, Trust, 2021
    • 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, Estate Litigation, Probate, Trust, 2021
    • 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, Estate Litigation, Probate, Trust, 2021
    • 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, Estate Litigation, Probate, Trust, 2021
    • 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, Estate Litigation, Probate, Trust, 2021
    • 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, Estate Litigation, Probate, Trust, 2021
    • State intestacy laws direct how estate assets must be distributed, identifying family members’ order of priority to receive an inheritance and how much they are entitled to receive. , Who Inherits Property if There Is No Will? | RMO Lawyers, Estate Litigation, Probate, Trust, 2021
    • 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, Estate Litigation, Probate, Trust, 2021
    • he 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, Estate Litigation, Probate, Trust, 2021
    • 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 Litigation, Probate, Trust, 2021
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2021
    • 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. Other times they simply neglect their administrative duties or make unwise investment decisions. In such cases, it may be possible to have the successor trustee replaced by filing a petition for removal with the probate court., How to Remove a Successor Trustee, Estate Litigation, Probate, Trust, 2020
    • 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 Litigation, Probate, Trust, 2021
    • 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. Naming a successor trustee helps ensure uninterrupted asset management and wealth distribution without the need for probate. Below, we discuss the role of the successor trustee and how successor trustees are appointed., What Is an Appointment of a Successor Trustee? | RMO Lawyers, Estate Litigation, Probate, Trust, 2020
    • 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. Corporate trustees are usually banks, institutions, or trust companies. They have the same fiduciary duties as any other trustee, but are sometimes subject to heightened legal risk. Below, we discuss the many professional obligations and responsibilities of corporate trustees, and some common reasons they are sued and/or removed for breach of fiduciary duty., The Ultimate Guide to Corporate Trustee Duties | RMO Lawyers, Estate Litigation, Probate, Trust, 2020
    • 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. It can be hard to recognize what does and doesn’t constitute a conflict of interest. We discuss further below., The Fiduciary's Guide to Conflict of Interest Claims | RMO Lawyers, Estate Litigation, Probate, Trust, 2020
    • 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. Many successor trustees are spouses or adult children of the person who made the trust, and they often find themselves embroiled in familial conflicts about who gets what from the estate, and when and how they get it. As trust lawyers, one of the most frequently asked questions we get is whether successor trustees can change or amend a trust. We discuss this issue in more detail below. , Can a Successor Trustee Change or Amend a Trust? | RMO Lawyers, Estate Litigation, Probate, Trust, 2020
    • 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. Executors do not have absolute and unlimited authority over estate assets and beneficiaries. Their powers are defined by the legal documents appointing them, and they are legally accountable to state courts and state laws. If an executor abuses his or her power, or appears negligent or reckless in managing estate assets, it may be necessary to file a petition for their removal in probate court. Read on below for more detailed information on how to remove an executor of estate in California. , The Guide to Removing an Executor of Estate | RMO Lawyers, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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. However, there are ways you can still protect your estate assets, generally when working with the aid of a trust attorney., How to Disinherit a Spouse | RMO Lawyers, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Probate, Trust And Estate Litigation, 2020
    • 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. Let’s explore these themes., The Disinherited Child's Guide to Getting an Inheritance | RMO Lawyers, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, which allows the surviving spouse/trustee to make changes to the trust, including the power to remove or change beneficiaries, and/or change the distribution of trust assets., Can a Trustee Remove a Beneficiary from a Trust | RMO Lawyers, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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. They can also help smoke out any potential trust contests, trust challenges, trustee suspension, trustee removal, or breach of fiduciary duty that may be lurking in the wings., The Guide to Probate Code 850 and Heggstadt Petitions | RMO Lawyers, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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 availability and likelihood of these remedies and recoveries is very fact determinative and should be discussed with a probate or estate litigation attorney as early as soon as you suspect wrongdoing., The Penalty for Stealing from an Estate | RMO Lawyers, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2020
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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. Let’s discuss., The Guide to Undue Influence by Step Parents | RMO Lawyers, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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. If you think a will or trust is written unfairly, was the product of undue influence, fraud or incapacity, or the executor or trustee is not administering the will or trust correctly, it’s time to call counsel., Contesting a Trust: How Will My Family React? | RMO Lawyers, Estate Litigation, Probate, Trust, 2019
    • 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 heir who is not named in the will, seek to set aside a document they believe should not dictate how their loved one's affairs are handled., Can I Contest My Parents' Will in California? | RMO Lawyers, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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, then after one spouse passes away the surviving spouse has authority to change the trust, beneficiaries, and heirs named in the trust, consistent with the specific terms contained in that power of appointment., Power Of Appointment Trust: Quick Overview, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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: 1. Ordinary Probate Lawyer Costs -- Ordinary probate attorney costs are predetermined by statute and based upon the value of a decedent’s estate. If working with a probate attorney, you shouldn’t need to pay your attorney anything up front or during the pendency of the administration. Instead, their ordinary fees will be taken from the estate as part of a petition for final distribution. 2. Extraordinary Fees -- In addition to the statutory ordinary compensation to which an executor of the will and his/her attorney may be entitled, the executor and/or attorney may also receive “extraordinary” compensation for such things as property sales and transactions, carrying on a business, tax returns, handling audits or litigation (including will contests and contested accountings), and coordinating ancillary probate administrations. These fees are not set by statute but must be reasonable as determined and approved by the court. They can often exceed the statutory ordinary compensation discussed above. 3. Court Fees -- Court fees are charged by the court and associated properties. Currently, the 2019 California Court Probate Petition fee is $435. On top of this, you can expect to pay additional court fees for a probate referee, and other probate documents. Plus, there will be a cost associated with publishing your probate notice in an approved news publication., How Much Does a Probate Lawyer Cost | RMO Lawyers, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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, Estate Litigation, Probate, Trust, 2019
    • 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. Please contact us anytime for a free consultation., How to Choose an Elder Financial Abuse Attorney, Estate Litigation, Probate, Trust, 2019

    Educational Background:

    • University of Wisconsin, Madison, Bachelor of Arts in Spanish and International Latin American Relations, 1999

    Industry Groups

    • Conservatorships
    • Estate Disputes
    • Probate and Trust Estate Litigation
    • Probate Disputes
    • Trust Accountings
    • Trust Contests
    • Will Contests
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    Office Location for Scott E. Rahn

    2029 Century Park East
    Suite 2910
    Los Angeles, CA 90067

    Phone: 424-552-3996

    Scott E. Rahn:

    Last Updated: 3/29/2021

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