I’m Mike Hackard with Hackard Law. We represent estate heirs, trust beneficiaries, and victims of financial elder abuse in most of California’s largest urban areas. We’ve found that undue influence on makers of estates and trusts generates an inordinate number of estate challenges. Undue influence is sometimes referred to as over persuasive influence. It has many elements and can be scrutinized from many angles. Today, I’m going to use an appellate case (Keithley v. Civil Service Bd.) to focus on what constitutes undue susceptibility to over persuasive influence.  I’ll make some comments as to each point and reference situations that I’ve seen to shine some light on the point. “[U]ndue susceptibility to ... over pers[...]

I’m Mike Hackard with Hackard Law. We represent clients in California trust, estate, and financial elder abuse contingency fee cases. We aren’t criminal prosecutors. We are civil attorneys who practice in the civil courts. We neither have the authority nor power to prosecute individuals whose wrongdoing discovered in a civil proceeding might also be criminal. Burden of proof standards are different in civil cases. For the most part, proving the merits of a civil case means proving the required liability elements by the preponderance of evidence. This is a “more likely than not” standard. Federal and state prosecutors have a higher burden in criminal cases – the standard of “beyond a reasonable doubt.” Apparent civil w[...]

I’m Mike Hackard with Hackard Law. We represent beneficiaries in California estate, trust and elder financial abuse cases. February is the month for Valentine’s Day, and romance scams are back in the news. A new Netflix documentary, The Tinder Swindler, shows how a smooth-talking, jet-setting fraudster conned multiple women out of an estimated $10 million dollars. While the victims in this case were younger women, it’s worth remembering that the elderly are especially vulnerable to romance scams. Whether it’s you or an elderly loved one, make sure to do your homework on potential romantic interests. Scammers are experts at emotional manipulation and use social media to their advantage. Once they think they’ve establish[...]

I’m Mike Hackard with Hackard Law. I lead a California law firm that focuses on estate and trust litigation. I like to share the most common reasons that clients reach out to us for help. In three brief words – “Trust beneficiary disputes.” These disputes involve trustee removals, secrecy, mismanagement, delayed distributions, and disinheritance. They often include the financial abuse of an Alzheimer’s patient. An elder had an existing trust – a trust made before an Alzheimer’s diagnosis or its symptoms. The Trust reflects the elder’s long time estate planning goals. Goals that include a parent’s desire to equally distribute her trust assets to her children. The elder begins to suffer from Alzheimer’s symptom[...]

I’m Mike Hackard at Hackard Law. We represent beneficiaries in estate, trust and elder financial abuse litigation throughout California. It’s now been four years since my book on elder financial abuse, The Wolf at the Door, was published. In that time, we’ve taken major steps in raising awareness of elder exploitation and undue influence. I’ve been fortunate to discuss these topics with journalists, authors and hosts of radio shows and podcasts. I’m honored that The Wolf at the Door received such a positive reception among readers and reviewers, and I’ve shared the book with thousands – clients, potential clients, and anyone seeking help in cases of fraud and estate theft. Normal, everyday people need the tools that e[...]

I’m Mike Hackard with Hackard Law. We litigate estate, trust, and financial elder abuse cases in California’s Superior Courts. California’s courts serve nearly 40 million people. In California trial courts, or Superior Courts, a judge and sometimes a jury hears witnesses’ testimony and other evidence. The judge or jury then decides cases by applying the relevant law to the relevant facts. We’re civil litigators. It’s our job to represent and obtain justice for individuals and often the injured. Part of the job of County District Attorneys, the California Attorney General, and the United States Attorney’s Office is to criminally prosecute elder or dependent adult abusers. There are many criminal statutes that elder or [...]

I’m Mike Hackard with Hackard Law. We litigate estate, trust, and financial elder abuse cases in California’s Superior Courts. We’re civil litigators. County District Attorneys, the California Attorney General, and the United States Attorney’s Office criminally prosecute financial elder abusers. While we litigate in the civil courts, we learn a great deal from how law enforcement litigators prosecute financial elder abusers in the criminal courts. There are many criminal statutes that financial elder abusers may violate. For now, I’m going to focus on California Penal Code §530(a), a felony, that addresses identity theft. There are three elements that define this violation. The first element is that the defendant willful[...]

I’m Mike Hackard with Hackard Law. We litigate estate, trust, and financial elder abuse cases in California’s Superior Courts. We are civil litigators. Criminal prosecutions against financial elder abusers are the rightful province of law enforcement agencies like county district attorney’s offices, the Office of the Attorney General, and the United States Attorney’s Office. While we are civil litigators, we learn a lot from and value how law enforcement agencies prosecute financial elder abusers. There are many criminal statutes that address the prosecution of financial elder abuse. In this video I will address only one: California Penal Code §368(e). This code addresses the crime of theft from an elder or a dependent adu[...]

I’m Mike Hackard with Hackard Law. We represent clients in estate, trust and elder financial abuse litigation cases throughout California. This year I’ve noticed an encouraging trend – there’s been increased media spotlight on the conservatorship industry and its record of elder exploitation. You’ve probably seen the ongoing drama of Britney Spears and her efforts to break free from what she says is an oppressive conservatorship, along with the popular hashtag #FreeBritney. There’s also the hit Netflix film I Care a Lot, which portrays a predatory conservator and her cold-blooded schemes to make millions off suffering and loneliness. And Sacramento’s ABC10 recently ran a week-long investigative series, titled The Price o[...]

I’m Mike Hackard with Hackard Law. We litigate estate, trust, and financial elder abuse litigation in California’s largest urban areas. These cases often stem from acts against a vulnerable elder. Dementia is often the source of the elder’s vulnerability. People with dementia are not always aware of their mental decline. Protective relatives and friends make their own denials. It’s hard to see a loved one going downhill. Unfortunately, this can be a tragic cover for a person suffering the ravages of dementia. While not all dementia presents the same specific set of symptoms, there are common patterns. The patient may say things like: “I can’t think properly.” “I can’t remember things.” “My head goes blank at t[...]