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
Even when a will is set in place, when a family member dies, disputes can arise as to the division of assets and settling the estate. The probate process must resolve all financial and property-related disputes caused by a person’s death. Because of this, probate courts are sometimes tasked with solving strange and unexpected problems.
This was the case after the recent death of notorious cult leader Charles Manson on November 19, 2017. Three months after his death, family members are still struggling to even get a hearing to resolve their conflicting claims to his remains.
Whatever common or uncommon problems you face, an experienced Santa Clara and Los Angeles probate attorney can protect your rights during the administrat[...]
Many beneficiaries of trust income do not realize the full extent of their legal rights regarding this income. While a trustee has some discretion to invest the principal value of trust property and distribute interest dividends amongst the trust beneficiaries, this authority is not unlimited. Beneficiaries who do not receive fair distributions of trust income have legal recourse against a trustee and, in some cases, may even be able to recover compensation from the trustee personally.
An experienced Santa Clara trust litigation attorney can help beneficiaries determine whether a trustee has violated their property rights, and how best to assert their rights in the future. At Hackard Law, we will listen to your story and recommend a [...]
Wills 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.
The experienced probate litigation attorneys at Hackard Law focus on estate law. Santa Clara residents and their heirs can use their skills to protect their estates and rights.
Why Wills Can Easily Become Outdated
Many circumstances can make a will outdated, and render it partially—or wholly—invalid at the time of the death of the pe[...]