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Posts tagged "San Diego Trust Attorney"

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.

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.

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.

CA Estate & Trust Litigation Battles | A House Divided

A House Divided Estate Trust Litigation.jpg"And if a house is divided against itself, that house will not be able to stand." [1] This scriptural passage (Mark 3:25) is the origin of Abraham Lincoln's 1858 "House Divided" speech, an iconic observation about our nation's deep divisions over the subject of slavery.

The Wolf at the Door: Ep. 14 | Stories of Elder Financial Abuse

The Wolf at the Door Ep. 14: Stories of Elder Financial AbuseHello, 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 will come out in early autumn. This is episode 14, where I address common stories of exploitation our seniors.

The Wolf at the Door: Ep. 13 | Someone Took Your Parents' House

The Wolf at the Door Ep. 13 | Someone Took Your Parents' HouseHello, 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 will come out in early autumn. This is episode 13, where I briefly discuss the wrongful taking of an elder's home - a common occurrence in disputed estates.

Court Appointed Receivers May Safeguard Trust and Estate Assets

Court Appointed Receiver Trust Estate.jpgYour parents owned a business and real estate. They successfully managed the business for decades and built up family assets. They put these assets into a trust where they remained as trustees during their lifetime. When they passed away, successor trustees took over. The successor trustees, through incompetence or even wrongdoing, are damaging your family's economic heritage. They are failing to keep trust property separate and identified, they lack complete and accurate financial records, they are self-dealing, and they are failing to comply with California's requirements for serving as trustees.

The Wolf at the Door: Ep. 12 | Alzheimer's Risks to Estates & Trusts

The Wolf at the Door Ep. 12 | Alzheimer's Risks to Estates & TrustsHello, 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 will come out in early autumn. This is episode 12, where I discuss ways lawyers can mitigate the risks Alzheimer's disease or dementia can pose to an estate or trust.

The Wolf at the Door: Ep. 11 | Alzheimer's & Estate Litigation

The Wolf at the Door Ep. 11 | Alzheimer's & Estate LitigationHello, 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 will come out in early autumn. This is episode 11, where I draw up a brief protocol for investigating Alzheimer's-related cases in estate and trust lawsuits. Each protocol includes the following elements:

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