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Trust Litigation Archives

LA Trust Beneficiaries | Lawsuits Against Bad Trustees

LA Trust Beneficiaries | Litigation against a Bad Trustee.jpgUnder 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.

Trust Disputes | Elderly Parents and the Power of Benevolence

Elderly Parents and California Trust Litigation.jpgA parent's dementia and attendant short-term memory loss can be heartbreaking. It is common for children to have feelings of loss and grief as they see their family life changed by Alzheimer's.[1] Children may go through the grieving process while their parent is alive - a process that may be hard to describe to those who have not encountered it themselves.

ABCs of California Trust, Probate & Estate Disputes | 2018

ABCs of Trust Litigation California.jpgWilliam 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.

2018 Predictions | California Estate & Trust Litigation

2018 Predictions | CA Trust Estate Litigation.jpgAs 2017 comes to a close, it's time for us at Hackard Law to peer into the future. What will 2018 look like for estate, trust and elder financial abuse litigation in California?

Unfair Trust Distributions | California Trust Litigation

Unfair Trust Distributions | California Trust LitigationFor 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.

Breach of Trust Triggers | Trust Accounting & Trustee Removal

Breach of Trust | Trustee Removal & Litigation.jpgWe want the professionals serving us to aspire to and act consistent with the highest ethics and standards of their profession. Doctors should "first do no harm," lawyers need to be honest with their clients, themselves, courts and juries, and trustees who manage trust assets must be honest and loyal in their administration.

Undue Influence in a Trust | A Typical Fact Pattern

Undue Influence in a Trust | A Typical Fact PatternProspective clients often ask whether I've ever seen an estate or trust dispute like theirs. Case facts and wrongdoers' actions seem so outrageous that aggrieved family members may think that their case is a "one in a million." Of course, given the geographic and litigation scope of our practice, most cases don't feel like "one in a million."

Disputed Trust & Estate Contingency Fees | Don't Be Afraid To Ask

CA Trust Contingency Fee Questions.jpgStevie Wonder, a child prodigy and now an elder Baby Boomer (he was born in 1950) is inspirational in many ways. His songs are full of life. He deserves credit for his creative genius, and he also deserves credit for this observation, "If you don't ask, you don't get."

California Trusts & Estates | The Evolving Litigation Landscape

CA Estate & Trust Litigation | The Changing Landscape "[I]ncumbents never invent anything new. Incumbents protect their ground. Other people come in with new ideas."[1] (Barry Diller) The staid, predictable world of California's probate lawyers faces challenges brought by increasing public policy pressure to protect seniors from elder financial abuse.

The Wolf at the Door: Ep. 23 | Assessing a Potential Trust Lawsuit

The Wolf at the Door: Ep. 23 | Assessing a Trust LawsuitHello, I'm Mike Hackard. I'm the chair of Hackard Law, a law firm focusing on estate, trust and elder financial abuse litigation in California's major urban areas. I'm the author of The Wolf at The Door: Undue Influence and Elder Financial Abuse. The book is now available for order on Amazon. This is episode 23, where I discuss reviewing a potential case of elder financial abuse or other wrongdoing over a trust or estate.

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