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April 2018 Archives

Casey Kasem's Tragedy | Elder Abuse Alleged

Casey Kasem Elder Abuse Lawsuit.jpg

The Golden State Killer | Justice for Victims

The Golden State Killer | Justice for VictimsThis week Californians learned some incredible news - the case of the Golden State Killer, also known as the East Area Rapist or Original Night Stalker, has broken wide open. And it's been a long time coming - the Golden State Killer terrorized the state from the mid-1970s to 1986. During that period, this serial predator killed at least 12 people and raped upwards of 50 across the length of California, from Sacramento and the Bay Area to Santa Barbara and Orange County.

Is Your Will Improperly Executed | Resolving Properly Rights

Resolve Property Rights When Will Not Properly Executed.jpgHelping Heirs Resolve Property Rights When Wills Are Improperly Executed

California law imposes procedural requirements upon wills to ensure their validity. Certain survivors can challenge incorrectly signed, witnessed, or otherwise executed wills in the probate court upon the death of the person who attempted to make the will. Some procedural defects will invalidate a will altogether. Others will merely invalidate certain provisions, or codicils, added to the initial will.

Interview with Jim Bohannon | The Wolf at the Door

Jim Bohannon Interview Elder Financial Abuse.jpgYesterday I was honored to be interviewed by Jim Bohannon, a longtime veteran in broadcasting and one of the top talk radio hosts in America. We discussed my book The Wolf at the Door: Undue Influence and Elder Financial Abuse, and the dangers posed by exploitation of our elderly loved ones. Among the topics we covered were vulnerabilities exhibited by seniors to misconduct, who perpetrates elder financial abuse, and the four elements of undue influence. I'd like to thank Jim for having me on his show - it's a privilege to talk with a broadcasting legend and strike another blow in the fight to protect the most vulnerable among us. Here's an excerpt from the show:

The Case of Stan Lee | Elder Financial Abuse?

Stan Lee Elder Financial Abuse Lawsuit.jpg

Gamblers & Addiction | Triggers for Trust & Estate Disputes

Gambling Addiction Estate Trust Lawsuit.jpgCompulsive gambling is a problem for the gambler and his or her loved ones. Gamblers Anonymous members believe that:

How to Prove That a Trust Resulted from Undue Influence

Undue Influence In the Drafting of a Trust.jpgTrusts and wills are important legal tools that carry out a person's wishes with respect to their property. When undue influence from an individual, group, or company overcomes a person's will, some people can challenge these wishes in court. Proof of undue influence may invalidate a will or trust altogether.

Prince's Estate Gridlock | The Dangers of Litigation

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Estate & Trust Disputes | "My Generation" Revisited

Estate & Trust Disputes | It's 1965. America's youngest Baby Boomers are only a year old, and the oldest members are just 19. The English rock band The Who releases their hit song, "My Generation." A few decades later, Pete Townshend, the song's composer, would describe the song as "very much about trying to find a place in society."

How to Protect Your Loved Ones from Financial Elder Abuse

Protect from Elder Financial Abuse.jpgAbuse of the elderly can take many forms. Emotional, physical, sexual, and financial abuse can all seriously harm the elderly, who are among the most vulnerable of all residents in California. By knowing the warning signs, family members can help protect elderly loved ones from financial abuse. A Santa Clara estate litigation attorney can also help elder abuse victims explore their legal remedies, and determine how best to hold abusers accountable for preying on the elderly.

Fighting Elder Financial Abuse | Meet the Challenge

Meet the Challenge of CA Elder Financial Abuse.jpgThis week the Northwest Arkansas Democrat-Gazette spotlighted the growing threat of elder financial abuse and its tragic aftermath. The author of the article, Ginny Monk, also referenced my book The Wolf at the Door: Undue Influence and Elder Financial Abuse, for additional background to a problem that is only expanding in scale.

Trust & Estate Mediation | Is Timing Everything?

CA Estate Trust Mediation.jpgCalifornia trust & estate mediation: is timing everything? Probate Courts in California have a variety of voluntary probate settlement programs designed to assist in the resolution of probate, estate and trust related claims and disputes. Los Angeles has the "Pro Bono Probate Settlement Program", San Francisco has the "Probate Pro Bono Mediation Program", Alameda County has a Mediator Panel for its "Alternative Dispute Resolution Program", and Sacramento has a "Probate Court Appointed Attorney Panel". The timing and expense of mediation is a consideration whether the process is initiated by way of a Superior Court program or through private mediation.

Failing to Update Your Will Can Result in Litigation Later

Update Will Prevent Litigation.jpgWills are often made months, years, or even decades before they are ever needed. This means that many are outdated by the time they are submitted to the probate court. Sometimes, this confusion can lead to bitter litigation that depletes the estate and impairs the property rights of all potential heirs. You can avoid this with effective planning and regular updates to estate planning documents.

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