Alternative dispute resolution (ADR) is an integral part of virtually all California civil lawsuits. ADR encompasses mediation, arbitration, court settlement conferences and neutral case evaluation. Less than 3% of civil lawsuits proceed to an actual trial.
So, mediation of a civil lawsuit is common. The common mediation scenario starts at the mediator’s office. The parties to the lawsuit are assigned different meeting rooms. Some mediators start the mediation with an introduction that gathers the parties together in the same room.
Now, you see where we’re going.
Given the current heightened concerns over the high contagion factor of COVID-19, two leading California mediation groups have issued outbreak advisories for mediation[...]
Proclamation is not performance. It is not even the process toward performance.
Empty proclamations are counterfeit. Texans sometimes put it a different way: “All hat, no cattle.” It’s a reference to a person or a group who are all talk with no action, power, or substance behind their words.
A proclamation or pronouncement is one thing. But it is in process and performance that commitment, however proclaimed, is hashed out in the nitty-gritty reality of everyday life. The reality in 2020 is that much of institutional America has proclaimed their commitment to fighting elder financial abuse.
The Older Americans Act of 2006 and its 2016 Reauthorization evidence Congressional support for helping older adults age with health, d[...]
Class action lawsuits often result in settlements that remain in trust for the benefit of the class members. While this might seem the end of the story, it is far from it. The trustee is often invested with the discretion to determine settlement amounts for each class member and when to make their distributions. In some cases, the trustee even has the authority to invest trust funds to increase distributions (or to fund charitable causes pertinent to the settlement). This authority can affect the legal and financial rights of class members.
In some cases, a trust litigator must intercede on behalf of class members to protect their interests. The experienced Los Angeles trust litigation attorneys at Hackard Law also serve trust benefi[...]
Elder abuse has become a more prominent issue in the United States. As the World War II and Baby Boomer generations age, the American population boasts more senior citizens than ever. These seniors are driving up the demand for estate planning services, healthcare services, assisted living facilities, and in-home care. Unfortunately, reliance on these service providers can also expose a senior citizen to the risk of abuse.
If you believe a loved one was victimized by physical, emotional, or financial elder abuse, contact the skilled elder abuse attorneys at Hackard Law as soon as possible. Their experience can help concerned family members and friends explore all possible options to determine the best method of protecting elderly lov[...]
In the current age of digital information and global business, many estates present complicated issues involving international law. A testator may execute a will in one country and eventually die in another. Different countries across the world may harbor assets. Different tax regulations, probate laws, and administrative regulations may apply in each of these countries.
All of these complications can raise disputes among beneficiaries and increase the chances of probate litigation. The experienced Los Angeles estate litigation attorneys at Hackard Law also serve areas throughout California, including Sacramento, San Francisco, Alameda, and Santa Clara. Here, they explain some of the complicated legal issues present within internatio[...]
For many people who make wills, the most important provision is identifying the beneficiaries who will inherit financial assets, real estate, and sentimental personal property. These generous testators often want to leave something for everyone. Unfortunately, when vast numbers of family, friends, and loved ones become involved, the chances of a will contest can increase.
Complicated legal issues and property disputes often require the assistance of a probate attorney. The experienced Los Angeles estate litigation attorneys at Hackard Law serve areas throughout California, including Sacramento, San Francisco, Alameda, and Santa Clara. Below, they explain the potential complications raised in situations involving multiple heirs.
When the term “elder abuse” comes up, many people think of egregious instances of physical or sexual abuse. But many other types of elder abuse can seriously harm some of California’s most vulnerable residents.
Financial abuse, for example, is also a serious problem that greatly harms elderly Californians. By learning about the risk factors of financial abuse and how to respond to it, you can protect your elderly loved ones from financial harm. A Santa Clara estate attorney can help you determine whether your loved ones fell victim to financial abuse, and what legal option will best enable you to protect them.
The Scope of the Problem
According to The Acorn, the current population of Americans ages 75 or older is one of the w[...]
California has incorporated scientific knowledge into statutes defining undue influence and financial exploitation of elders. These legislative efforts culminated back in 2014 with the effective application of the new California Elder Abuse and Dependent Adult Civil Protection Act. These statutes provide a powerful remedy against undue influence, including instances of deathbed transfers.
Undue influence is defined by California Probate Code Section 15610.70 as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.” It includes four elements:
Vulnerability of the victim
Apparent authority of the influencer