I'm Mike Hackard with Hackard Law. We regularly represent wronged trust beneficiaries. There are many ways that beneficiaries are wronged.
One wrong occurs when a trustee improperly secures a beneficiary’s consent to a trustee’s act or omission to act.
California law provides that the trustee can be liable for a breach of trust, despite the consent, in the following circumstances:
(1) Where the beneficiary was under an incapacity at the time of the consent or of the act or omission.
(2) Where the beneficiary at the time consent was given did not know of his or her rights and of the material facts (A) that the trustee knew or should have known and (B) that the trustee did not reasonably believe that the benefici[...]
I’m Mike Hackard with Hackard Law. We represent beneficiaries in trust and estate litigation throughout California.
Everyday we speak with people who are up against unfamiliar and difficult circumstances: trustee failure to distribute, a relative has wrongfully taken the family home, or cases of elder financial abuse. Every person has a unique story, and there follows a natural question: “Do I have a case?”
Making that determination can take some time. Once I sketch out the nature of the conflict, here are some basic questions I’ll go over:
First off, location. Where did the decedent pass away? And where does the trustee reside? We litigate estates and trusts in California, so these facts will be important.
Next, we esta[...]
Hi, I’m Stephanie at Hackard Law.
Now that our Summer Guitar Giveaway has concluded, we are happy to announce the winner: contestant Mel Jones was selected by our random comment picker software to receive the prize, a brand-new Ernie Ball Music Man Jon Petrucci Majesty 6 in awesome ember red!
Congratulations to Mel, and we’ll contact you to send you the guitar shortly. Mel’s favorite summer memory was a work trip to Cape Town, South Africa, and he said he’d be stoked if he won this guitar!
Also, a huge thank you to each one of you who participated for all your likes, comments and shares. We love reading about the moments that make you happy. And – stay tuned for future giveaways from Hackard Law.
Now get out there and [...]
***Contest for United States residents only. Make sure to have a valid email address in your YouTube profile so we can contact you if you’re the winner!***
Hi, I’m Stephanie at Hackard Law. It’s been a hot summer, and it’s about to get a lot hotter with our amazing new guitar giveaway!
We’ve held seven guitar giveaway contests so far, and now we’re giving away the best one yet – an Ernie Ball Music Man John Petrucci Majesty 6 in awesome ember red. It’s ultra-collectible at $3,799 value. Guitar.com called the Majesty a “dream machine” – and one of you will win John Petrucci’s elite work of art!
The basic rules for the contest are simple. First step, leave a comment below. What’s your favorite summer memory?[...]
I’m Mike Hackard with Hackard Law. We serve wrongfully disinherited heirs and beneficiaries in California’s largest urban areas.
We do “Big City Law” – “Without the Big City.”
The rise of zoom for court appearances has made our statewide practice easier. For the most part we can attend court hearings around the state from our Northern California law offices. It’s possible for us to zoom into a morning hearing in Los Angeles and an afternoon hearing in San Mateo, Oakland, or Sacramento.
Up to 99% of California civilly litigated matters resolve without trial. Best resolutions come in cases where the opponent knows we’re prepared to vigorously try the case if mediations or court settlement conferences don’t work.
I’m Mike Hackard with Hackard Law. This is part four of our What if series.
We’ve posed a number of questions in each part of the series – or what ifs – common to estate and trust litigation. Here are a few more unusual ones.
What if trust beneficiaries know of questionable estate planning changes while the maker of the trust is alive, and they don’t try to challenge them?
What if a trustee is trying to profit from his own wrongdoing?
What if the decedent’s will doesn’t include a child who was born or adopted after the signing of the decedent’s testamentary instrument?
What if trustees do not have clear and accurate records for the time that they served as trustees of a trust?
What if a person i[...]
I’m Mike Hackard with Hackard Law. This is part three of our “What If” series.
Each series has a number of questions – or "what ifs" – common to estate and trust litigation. Here are a few more.
What if family members and friends want to petition the court to obtain an anti-isolation restraining order against someone who is repeatedly preventing contact with an elder or dependent adult?
What if an agent under a financial power of attorney exploits an elder by using fraudulent, illegal, unauthorized, or improper acts that use the elder’s resources for the agent’s monetary or personal benefit, profit, or gain?
What if property acquired by a married person during the marriage is titled only in the name of the other [...]
I’m Mike Hackard with Hackard Law. Recently we’ve spent some time addressing the common and maybe not so common what-if-scenarios that are part of the mosaic of estate and trust litigation.
So, let’s continue with our What If series – Part Two.
What if a person meddles with and assumes the management of trust property even if she is not the duly appointed trustee?
What if one without authority undertakes to administer entrusted property and incurs losses?
What if a document preparer prepares a trust that was never reviewed by an attorney?
What if a trustee who is also a beneficiary puts his interests above the other trust beneficiaries?
What if a trustee refuses to give beneficiaries, upon request, complete and a[...]