She or he will be vulnerable. Maybe without capacity. The elder is susceptible to undue influence - illness, disability, injury, age, education, cognitive impairment, emotional distress, isolation or dependency all spark susceptibility.
Someone sees and takes advantage of the elder's vulnerability. The elder is subject to excessive persuasion to give away assets or change estate plans to favor the undue influencer.
The undue influencer receives the elder's assets prior to the elder's death or pursuant to the elder's estate plan. The distribution is unequal - many times all assets go to the undue influencer.
The undue influencer uses secrecy and deception to hide their acts. After the elder dies the elder's genetic children learn of the end-of-life transfers.
And the genetic children will reach out to law firms like Hackard Law. We will hear of isolation, secrecy, deception and the troubles surrounding the senior's last days or months. We will be retained and file appropriate elder financial abuse lawsuits and trust or will challenges. The defendant will hire counsel.
And the process toward resolution or trial will begin again. The whole case sounds like so many others that we litigated in the past and we will soon litigate again.
California's seniors are a target class. They deserve help and protection. We represent abused beneficiaries, heirs and victims of elder financial abuse. If you want to talk about your case call us at Hackard Law - 916 313-3030.