National estate litigation law firm, RMO LLP, announced this month the opening of its Fresno, California office. The office will be led by Craig Tristao, further expanding the firm’s laser focus on estate disputes across California.  Tristao will serve as Managing Attorney of RMO’s new Fresno office, the firm’s sixth California office. An experienced trial lawyer, Craig focuses his practice on representing heirs, beneficiaries, fiduciaries, creditors, and other interested parties in contested probate, trust, conservatorship, and financial elder abuse cases. A central valley native, Craig ..read more

National trust and probate estate dispute law firm, RMO LLP, announced today it has elevated senior litigation attorney Mathew Wrenshall to serve as Managing Partner of the firm’s Pasadena office. Since joining RMO LLP from Reed Smith in 2020, Wrenshall has demonstrated a consistent ability to work diligently through even the most challenging legal and factual scenarios, and family dynamics, using time-tested probate litigation strategies to secure exceptional client results for which he and the firm have become well-known.  As one RMO client put it: “I want to extend my heartfelt appreci ..read more

By Phillip Szachowicz, Trust Litigation Attorney at RMO LLP When dealing with a trustee who won’t do their job, compelling them via court order has been the traditional route for recourse. But even if you expect litigation to go in your favor, it’s important to take the proper steps to ensure the trust itself remains unscathed. Trustees are required to follow the direction of the trust to the letter, but that’s commonly not how trustees function in practice. Hostility towards a beneficiary, a belief that the wording of the trust fails to reflect the “true” beliefs of the settlor, or the though ..read more

National estate dispute law firm, RMO LLP, announced today its inclusion on the 2024 U.S. News – Best Lawyers® “Best Law Firms” list for both Trust & Estates Law and Trust & Estates Litigation. The list is compiled annually by U.S. News & World Report and Best Lawyers®. According to the publication, the 2024 rankings are based on Best Law Firms’ proven methodology that relies on qualitative and quantitative data on legal skillset, achievements and client successes collected through a submission process managed by Best Lawyers. The rankings highlight a unique combination of high-qua ..read more

The laws surrounding the question remain surprisingly unclear. By Andrea L. Uresti Barr Have you thought about who will inherit access to your digital footprint, from emails to bank and social media accounts and everything in between, after you pass away?  It’s worth considering, given the laws governing post-death digital assets access remain surprisingly limited and murky. Digital assets – and the matter of who has access to them after death- likely seemed a lot more novel back when the Uniform Fiduciary Access to Digital Assets Act (UFADAA) was first introduced to state legis ..read more

By Scott E. Rahn and Meagan A. Paisley In 2006, Taylor Swift burst onto the music scene with her breakout country single, Tim McGraw. Nearly 20 years, 10 albums, and 51 million record sales later[1], she has become a household name. Taylor Swift is also no stranger to the legal field. From her sexual assault countersuit against D.J. David Mueller in which she symbolically won $1.00; to a copyright infringement lawsuit of the lyrics to her 2014 smash hit Shake It Off; to, most recently, the Ticketmaster sale fiasco surrounding her Eras Tour that led to a Senate hearing, Taylor is regularly the ..read more

By David Greco Litigants are still finding new applications for California’s powerful (and sometimes infamous) anti-SLAPP statute in civil matters, and as evidenced by the recently resolved Starr v. Ashbrook, probate courts are no exception. The case revolved around a contentious estate battle between the children of a 90-year-old Laguna Beach man and his girlfriend and trustee. The trustee attempted to pay costs associated with the back-and-forth series of legal contests out of the estate’s pocket, a move challenged by the man’s children. The trustee responded by filing a special motion to st ..read more

By Scott Rahn, Mathew Wrenshall, and Phillip Szachowicz Premarital agreements increasingly have become commonplace in modern marriages. A 2022 poll by Harris Insights & Analytics found that 15 percent of married respondents reported having a premarital agreement, up from 3 percent in 2010. This uptick undoubtedly has been a win for the dockets of divorce court judges (obviously, unless you consider the increase in premarital agreement litigation). However, the proliferation of prenuptial agreements or prenups also means we are seeing more premarital agreements being litigated in probate co ..read more

It is possible to inherit a family business. In fact, family businesses are often passed down from generation to generation through a will, a business succession plan, or other estate planning mechanisms.  However, the specific process and requirements for inheriting a family business can vary depending on the laws of the jurisdiction in which the business is located and the structure of the business itself. It is essential to consult with a qualified business attorney or estate planner to understand the specific requirements for inheriting a family company. What Are Typical Family Busine ..read more

Inheriting property can be a complex process, with numerous factors to consider. Before you decide whether to keep, donate, or sell your inherited property, it’s important to understand the fair market value of the asset, which is its estimated worth on the open market Is Fair Market Value Calculated at the Time of Death? Yes, for tax purposes, the fair market value (FMV) of inherited property is typically calculated at the time of death.  If you sell inherited property, you may be subject to income taxes on any capital gains. This means that, if you sell the property for more than your ..read more