Interview with FOX 40 | Elder Financial Abuse
- January 17, 2018 - Elder Financial Abuse,
Hackard Law is proud that Michael Hackard was recently a guest on KTXL Fox 40 to discuss elder financial abuse and undue influence. Michael spoke with anchor Simone de Alba about how to safeguard your loved ones from exploitation. A special thank you and credit to Simone de Alba and Fox 40! Paul Robins: Each year the rate of financial exploitation is extremely high, with one in 20 older adults saying they've been mistreated. Simone de Alba is in the newsroom now with the tips on how to prevent this kind of financial abuse. Simone de Alba: Paul, thank you for joining me today. I've got Michael Hackard with Hackard Law in Mather. Thank you for joining us today. Thank you for having me. This is really, really interesting, also startling - s[...]
Continue ReadingEstate, Trust & Elder Financial Abuse Litigation | The Fighting Spirit
- January 17, 2018 - Estate Litigation, Trust Litigation,
The Wall Street Journal’s article “The Secrets of Resilience” is full of observations worth sharing. The article explores the patterns that shed light on how some people’s struggles to overcome life’s adversities presage their later success. The article captures the resilient spirit in stories of some notable Americans, among them Eleanor Roosevelt, Oprah Winfrey and Louis Armstrong. Resilience exists across cultures and societies. Its stories animate us in times of great challenge. Winston Churchill, depicted in the Darkest Hour, epitomizes the resilient spirit. The movie ends with a quote attributed to Churchill. Whether Churchill said the words or not they capture the virtue’s potent meaning: “Success is not final; failure[...]
Continue ReadingCodependent Parent and Addicted Child | Estates & Trusts at Risk
- January 14, 2018 - Estate Litigation, Trust Litigation,
Let me start with this – I am not a psychologist. I am a lawyer – a lawyer who at this stage of my career is heavily focused on estate, trust and elder financial abuse litigation. So much so that I wrote a book focusing on estate and trust wrongdoing – The Wolf at the Door: Undue Influence and Elder Financial Abuse. Writing a book is a terrific learning experience – it causes you to focus on what you know, what you hear and what you probably don’t know. So, I’ll start with what I know, in this case, about the issue of codependency. I know that it is generally defined as a dysfunctional helping relationship where one person supports or enables another person’s addiction, poor mental health, immaturity, irresponsibility or un[...]
Continue ReadingLA Trust Beneficiaries | Holding Bad Trustees Accountable
- January 8, 2018 - Abused Beneficiaries, Trust Litigation,
Under California law, Los Angeles beneficiaries have fundamental rights that are integral to a fair, timely and equitable distribution of trust assets. While the terms of a trust should be inviolable, there are still unfortunate cases when trustees abuse their authority and commit breach of fiduciary duty. This can result in serious damage to the trust and put a family’s economic future in jeopardy. When a bad trustee is in charge, all bets are off – they could delay or withhold trust distributions to beneficiaries, conceal or lie about the true state of trust assets, and even drain the trust of all its funds. In instances like these, it’s important for beneficiaries to move quickly to prevent further harm and protect their inheritan[...]
Continue ReadingInterview with Chuck Finney on Elder Financial Abuse | KALW 91.7
- January 4, 2018 - Elder Financial Abuse,
This is Your Legal Rights. I'm Chuck Finney. Happy New Year, everyone. Our topic is undue influence and elder abuse. What they are, how to identify them, and what to do if undue influence and financial abuse are suspected. It's my pleasure to have with me Michael Hackard, founder of Hackard Law, a law firm which focuses on estates and trusts litigation. Mr. Hackard is a member of the trust and the state section of the State Bar of California. He's the author of The Wolf at the Door: Undue Influence and Elder Financial Abuse. It's available in paperback and Kindle on Amazon Books, and Mr. Hackard's law firm is in Mather, Sacramento County, California. This segment of your legal rights is made possible by the trust and estate section o[...]
Continue ReadingABCs of California Trust, Probate & Estate Disputes | 2018
- December 29, 2017 - Estate Litigation, Trust Litigation,
William Shakespeare’s observation that “What’s past is prologue” is a ready reference when we’re thinking about the future. We often see that what has happened until now sets the stage for what will happen in the future. When it comes to California trust, probate and estate litigation the past year – 2017 – is likely a preface to what will take place in 2018. Hackard Law’s 2017 efforts reflect a period of intense litigation focusing on the protection of elders and/or their beneficiaries against estate and trust wrongdoers. Our firm filed trust or elder financial abuse cases in the probate and civil courts of more than twenty California counties. Our team of lawyers continues to grow in order to handle the influx of cases [...]
Continue ReadingUnfair Trust Distributions | California Trust Litigation
- December 15, 2017 - Abused Beneficiaries, Trust Litigation,
For many of us, our expectations of fairness arise from an early childhood experience that struck us as “unfair.” We may have seen an action affecting us or others that dashed our expectations – expectations often grounded in childhood innocence. These events may stay with us and influence our desire for fairness in our lives and in the lives of others. We often hear that “life is unfair.” Even Ecclesiastes notes that “the race is not always won by the swiftest, the battle is not always won by the strongest; prosperity does not always belong to those who are the wisest, wealth does not always belong to those who are the most discerning, nor does success always come to those with the most knowledge – for time and chance may ov[...]
Continue ReadingWill Contest & Undue Influence | Estate Litigation
- November 29, 2017 - Estate Litigation, Will Contests,
The 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. Solon changed this. An Athenian, if he had no children, could by will distribute at death his wealth and assets to whomever he pleased. This change was said to show that the decedent could decide “that he esteemed friendship a stronger tie than kindred, affection than necessity[...]
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