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October 2017 Archives

Hackard Law Supports Alzheimer's Foundation | The Wolf at the Door

Alzheimer's Foundation Support | The Wolf at the DoorThe Alzheimer's Foundation of America trains healthcare professionals in dementia-specific care, provides free and confidential memory screenings to over 3 million people and provides support, counseling, and education to thousands of people.

Elder Financial Abuse in California | A Growing Threat to Seniors

Elder Financial Abuse in California | A Growing Threat to SeniorsOn October 18, 2017, the Elder Abuse Prevention and Prosecution Act became law. Among other things the law requires that the United States Department of Justice establish best practices for data collection on elder abuse and collection and publish data on elder abuse cases and investigations.[1] The "sense of the Senate" expresses that: "(1) elder abuse involves exploitation of potentially vulnerable individuals; (2) combatting elder abuse requires support for victims and prevention; and (3) the Senate supports a multipronged approach to prevent elder abuse, protect victims, and prosecute perpetrators of elder abuse crimes."[2]

Stopping Estate Theft | LA Probate Litigation Attorney

Los Angeles Trust Estate Theft Attorney | Probate LitigationWe learn by stories. Given our law firm's position and commitment to LA estate, trust and elder financial abuse litigation, we hear lots of stories - stories that many times develop new chapters in Los Angeles County Superior Court. While I can't reveal attorney client communications, I can take literary license to depict issues of estate theft and wrongdoing that we regularly litigate. In this spirit, let's go back to June 2016.

California Trusts & Estates | The Evolving Litigation Landscape

CA Estate & Trust Litigation | The Changing Landscape "[I]ncumbents never invent anything new. Incumbents protect their ground. Other people come in with new ideas."[1] (Barry Diller) The staid, predictable world of California's probate lawyers faces challenges brought by increasing public policy pressure to protect seniors from elder financial abuse.

The Wolf at the Door: Ep. 23 | Assessing a Potential Trust Lawsuit

The Wolf at the Door: Ep. 23 | Assessing a Trust LawsuitHello, I'm Mike Hackard. I'm the chair of Hackard Law, a law firm focusing on estate, trust and elder financial abuse litigation in California's major urban areas. I'm the author of The Wolf at The Door: Undue Influence and Elder Financial Abuse. The book is now available for order on Amazon. This is episode 23, where I discuss reviewing a potential case of elder financial abuse or other wrongdoing over a trust or estate.

The Wolf at the Door: Ep. 22 | Speed is an Ally for Beneficiaries

The Wolf at the Door: Ep. 22 | Speed is an Ally for BeneficiariesHello, I'm Mike Hackard. I'm the chair of Hackard Law, a law firm focusing on estate, trust and elder financial abuse litigation in California's major urban areas. I'm the author of The Wolf at The Door: Undue Influence and Elder Financial Abuse. The book is now available for order on Amazon. This is episode 22, where I emphasize the importance of quick, decisive action in probate and trust lawsuits.

It Starts Here Podcast: Ep. 8 | Dan Collins on Receivership

It Starts Here Podcast: Ep. 8 | Dan Collins on ReceivershipMH: Hello, I'm Mike Hackard. I'm the chair of Hackard Law. A law firm focusing on estate, trust, and elder financial abuse litigation in California's major urban areas. This is Hackard Law's podcast It Starts Here. This is an October 2017 podcast featuring Dan Collins, a well-experienced California receiver. We're going to discuss how a receiver can help clean up very messy family business situations both inside and outside of an estate. Dan has stories to tell and lessons for all of us to learn. I first want to compliment him on his outfit, you know, the blue, and it's just standing out... I don't know how you came up with it. But in any event, thanks for being here, Dan.

Joint Accounts | Do They Belong to the Estate or Co-Signer?

Estate Litigation Joint Accounts.jpgWhen "an elderly person with a joint bank account dies, do the funds belong to the decedent's estate or do they belong to the additional signer as a co-owner of the account?" A recent California Court of Appeal case held that "[s]ums remaining on deposit at the death of a party to a joint account belong to the surviving party . . . as against the estate of the decedent unless there is clear and convincing evidence of a different intent."[1] This is a basic or black-letter rule, a clear statement of the law. It is also a trap for those inclined to seize upon a seemingly clear explanation of the law that leaves no room for interpretation or nuance.

California Disputed Trusts & Estates | Safecrackers

Estate Trust Theft Safe.jpg

The Wolf at the Door: Ep. 21 | Trust Litigation & the OODA Loop

The Wolf at the Door: Ep. 21 | Trust Lawsuits & the OODA LoopHello, I'm Mike Hackard. I'm the chair of Hackard Law, a law firm focusing on estate, trust and elder financial abuse litigation in California's major urban areas. I'm the author of The Wolf at The Door: Undue Influence and Elder Financial Abuse. The book is now available for order on Amazon. This is episode 21, where I briefly explain what it means to refuse to accept the given.

Financial Exploitation of Elders by Guardians and Conservators | Senate Bill 178

Elder Financial Abuse US Senate Bill 178As America ages, there is increasing focus on protecting our seniors from elder financial abuse. The federal government as well as state and local governments are creating new laws and amending old ones to expand this protection. Communities throughout our country are also addressing how seniors may be safeguarded from financial exploitation.

The Wolf at the Door: Ep. 20 | Trust Litigation Battle Plan

The Wolf at the Door Ep. 20 | Trust Litigation Battle PlanHello, I'm Mike Hackard. I'm the chair of Hackard Law, a law firm focusing on estate, trust and elder financial abuse litigation in California's major urban areas. I'm the author of The Wolf at The Door: Undue Influence and Elder Financial Abuse. The book is now available for order on Amazon. This is episode 20, where I outline the first steps in a battle plan for trust and estate lawsuits.

Safe Deposit Boxes in Estate Disputes | Trust Litigation

Safe Deposit Estate Trust Litigation.jpgAnxiety fueled by grief is a part of the inventory process of a decedent's property. A family member is tasked by practicality, family consensus, or an estate document to gather a decedent's assets. Some assets are obvious - a house, documented bank accounts and securities and onsite personal property. Other assets are more opaque - physically separated in a financial institution safe deposit box or a house or office safe.

Protecting California's Elders with Alzheimer's | Elder Financial Abuse

Alzheimer's Protecting Seniors from Elder Financial Abuse.jpgOur babies are born utterly dependent on their parents or caregivers to feed, shelter, clothe and protect them. Our society, communities and families share a focus on the protection of the young and innocent. This protection is extended to those disabled adults with conditions that require continuing help for physical and medical care.

St. Francis & the Wolf of Gubbio | The Power of Redemption

St. Francis and the Wolf of GubbioSan Francisco is a city close to the heart of many. It draws more than 3 million visitors a year and is one of the most beautiful cities in the world. It is also the namesake of Francis of Assisi - Saint Francis. Since today, October 4th - is his feast day - a story about him is entirely appropriate.

The Wolf at the Door: Ep. 19 | Basics of Estate Litigation Strategy

The Wolf at the Door: Ep. 19 | Basics of Estate Litigation StrategyHello, I'm Mike Hackard. I'm the chair of Hackard Law, a law firm focusing on estate, trust and elder financial abuse litigation in California's major urban areas. I'm the author of The Wolf at The Door: Undue Influence and Elder Financial Abuse. The book is now available for purchase on Amazon.com. This is episode 19, where I cover the basics of litigation strategy in estate and trust disputes.

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