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November 2017 Archives

The Wolf at the Door: Ep. 24 | What Constitutes Elder Financial Abuse

The Wolf at the Door: Ep. 24 | What Constitutes Elder Financial Abuse

Banks, Bankers & Breaking Bad | Elder Financial Abuse Stories

Banks Elder Financial Abuse.jpgWhen most of us hear the term "breaking bad," we think of the crime drama Breaking Bad. The drama ended in 2013 after a five-year run. Breaking bad is not confined to an award-winning TV series. The idiom of "break bad" means "to go bad." You don't have to read too many newspapers to see that many of America's banks and bankers are "breaking bad" in cases of elder financial abuse.

Wills & Undue Influence | Suspension of the Exercise of Reason

Will Estate Undue Influence.jpgThe roots of 21st Century inheritance laws run deep into the cradle of Western Civilization. The ancient Greek Athenian leader Solon made great efforts to devise a law code that ultimately became one of the foundations of democracy. This code helped establish rules for a civilized society. Part of the code addressed inheritance rights. Prior to the code an Athenian could not make a will. At death the wealth and assets of the decedent simply belonged to his family.

Breach of Trust Triggers | Trust Accounting & Trustee Removal

Breach of Trust | Trustee Removal & Litigation.jpgWe want the professionals serving us to aspire to and act consistent with the highest ethics and standards of their profession. Doctors should "first do no harm," lawyers need to be honest with their clients, themselves, courts and juries, and trustees who manage trust assets must be honest and loyal in their administration.

Dealing with Disaster | Attorney Resources for CA Wildfires

CA Wildfire Attorney Resources.jpgAll of us at Hackard Law would like to express our sympathy to the many lives that have been impacted as a result of wildfires in Northern California. The fires have effected many people, including lawyers and law firms.

Undue Influence in a Trust | A Typical Fact Pattern

Undue Influence in a Trust | A Typical Fact PatternProspective clients often ask whether I've ever seen an estate or trust dispute like theirs. Case facts and wrongdoers' actions seem so outrageous that aggrieved family members may think that their case is a "one in a million." Of course, given the geographic and litigation scope of our practice, most cases don't feel like "one in a million."

What If There's No Will? | Get Inheritance Rights in Writing

What if There's No Will? | Get Inheritance Rights in RightingNow this happens all the time. Uncle Buster tells you that you're going to inherit his house. Now you love Uncle Buster, and you want him to live to a ripe old age. But you know in your heart that when Uncle Buster dies you are going to inherit his house. Uncle Buster let a few other relatives and neighbors know that he was eventually going to give you the house.

Preventing Elder Financial Abuse | New FINRA Rules

FINRA Rules Elder Financial Abuse.jpgFamilies want enforceable rules to protect elders from elder financial abuse and financial exploitation. For the most part, such rules have not yet caught up with the reality of the frequency of such abuse. FINRA, the Financial Industry Regulatory Authority, is taking some significant steps to institute controls to help identify potential financial abuse of senior investors or individuals with diminished mental capacity.

Stopping Elder Financial Abuse | Interview with Steve Pomeranz

Stopping Elder Financial Abuse | Interview with Steve PomeranzThe Steve Pomeranz Show, a weekly radio program focused on smart finances, recently invited me on as a guest to discuss shielding elderly loved ones from financial exploitation and my new book, The Wolf at the Door: Undue Influence and Elder Financial Abuse. Steve Pomeranz was a knowledgeable and gracious host, and he used his expertise as a prominent wealth and investment advisor to spark a discussion on issues of elder financial abuse. Among the topics Steve and I discussed were:

Disputed Trust & Estate Contingency Fees | Don't Be Afraid To Ask

CA Trust Contingency Fee Questions.jpgStevie Wonder, a child prodigy and now an elder Baby Boomer (he was born in 1950) is inspirational in many ways. His songs are full of life. He deserves credit for his creative genius, and he also deserves credit for this observation, "If you don't ask, you don't get."

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