Stopping Undue Influence & Estate Theft | CA Probate and Trust Litigation Attorneys
- May 2, 2017 - Elder Financial Abuse,
Family members of elderly victims of undue influence - a phenomenon often connected with elder financial abuse - recoil in disbelief when learning of an elder's coerced gift or bequest property transfers. This disbelief gives way to hurt and outrage as the estate thief makes brazen, insincere and false claims to the estate. It’s our job as probate and trust litigation attorneys to systematically gather supporting evidence to overcome the actions of estate thieves. Developing these cases often depends on claims of undue influence. "Undue influence" in California means excessive persuasion that causes another person to act or refrain from acting by overcoming that person's free will and results in inequity. California law considers a num[...]
Continue ReadingAlcoholics and Drug Addicts | Tinder for Trust Beneficiary Fights
- May 1, 2017 - Abused Beneficiaries, Elder Financial Abuse, Trust Litigation,
Dysfunctional families seem part and parcel of probate, estate, trust and elder financial abuse litigation. There’s no getting around it. Marks of such dysfunction include the assignment of blame, threats of exile or abandonment, dominant and subservient relationships, grudges, disloyalty, winner/loser approaches to conflict and fear of loss. Family members with active addictions - alcoholics and drug (legal or illegal) addicts are common participants in the drama endemic to estate and trust lawsuits. So what should you expect when a trustee, executor, heir, beneficiary or elder financial abuser has a destructive addiction? You can start by assuming that the addict is in denial over his or her addiction issues and wrongdoing stemming f[...]
Continue ReadingLawyers Who Can Enforce California Elder Financial Abuse Laws
- April 4, 2017 - Elder Financial Abuse,
What many estate planners and occasional probate litigation attorneys don’t understand about undue influence and elder financial abuse is how public policy has changed. California law now encourages firms like Hackard Law to investigate and prosecute elder financial abuse cases in civil court. The California legislature has enacted laws to insure that the wrongdoer, not the elderly victim or his/her survivor, should pay the attorney’s fees in successful cases. This is a game changer. A wrongdoer finds it much harder to hide behind the protracted processes of a probate court and in the proper circumstance will find himself as a defendant in civil jury trial subject to liability for his wrongdoing, attorney’s fees and possibly puniti[...]
Continue ReadingGuarding Against Elder Financial Abuse | CA Trust Litigation
- March 10, 2017 - Elder Financial Abuse,
In California, we define elder financial abuse as the "taking" of funds or property from an elder (someone aged 65 and up). Elder financial abuse can include cut-and-dry theft, or it might be more refined and hard-to-detect. According to California law, if an abuser receives property from an elder through a will or trust by way of undue influence, that would qualify as "taking." One of the most difficult aspects of grappling with financial elder abuse is the phenomenon of undue influence - it's an insidious factor in disputed wills or trusts where wrongdoing is suspected. Unfortunately, it's not uncommon for a family member, friend, caregiver, or financial or legal professional to gradually assume ever greater control of a senior citizen[...]
Continue ReadingElder Financial Abuse Law | Game-Changer in CA Trust Litigation
- February 17, 2017 - Elder Financial Abuse, Trust Litigation,
What do you do when you find out your elderly loved one was subject to exploitation that resulted in the wrongful taking of estate or trust assets? Under California law that’s called elder financial abuse, and you should act quickly to prevent the abuser from causing more harm. That’s why beneficiaries facing trust litigation turn to Hackard Law – we’re dedicated to stopping perpetrators of elder financial abuse and recovering what rightfully belongs to victims and their families. Over just the past few years, estate and trust lawsuits in our state have been transformed by a powerful game-changer: the Elder Abuse and Dependent Adult Civil Protection Act. This new law in the California Probate Code enables you to pursue a wrongdoe[...]
Continue ReadingDid a Sociopath Loot Your Family’s Estate? | CA Trust Litigation Attorney
- January 6, 2017 - Elder Financial Abuse, Estate Litigation, Trust Litigation,
Antisocial Personality Disorder is a diagnosis assigned to individuals who habitually violate the rights of others without remorse. In estate, trust and probate litigation, it's an unfortunate fact that people who exhibit signs of this diagnosis, commonly known as sociopaths, are often the cause of estate disputes. Lying, deception and manipulation are part and parcel of the sociopath's strategy. Lying may include denial of the existence of a will or a trust. Once the existence of a will or trust is known, the liar may then deny the existence of the estate's assets. The manipulation of one set of beneficiaries against another set is part of a sociopath's toolkit of destruction. A sociopath using elder financial abuse or undue influence t[...]
Continue ReadingLying Trustee Exposed | CA Elder Financial Abuse Litigation
- December 12, 2016 - Abused Beneficiaries, Elder Financial Abuse, Trust Litigation,
Communities across California overwhelmingly support programs to prevent financial elder abuse and to punish those responsible for this offense. California law provides clear civil and criminal remedies to enforce the rule that elder financial abusers must be held accountable for all the harms and losses that they cause. In estate, trust and probate litigation, that means that predators can be made to pay for their wrongdoing in civil court. Prosecutors enforce criminal elder abuse laws against abusers committing estate theft, embezzlement, forgery or fraud against an elder (a person 65 years and older). The estate and trust litigation attorneys at Hackard Law enforce civil statutes holding elder abusers financially responsible for assis[...]
Continue ReadingCountering Undue Influence | Estate Litigation
- December 2, 2016 - Elder Financial Abuse, Estate Litigation,
One all-too-common occurrence in estate, probate and trust litigation disputes is the exercise of undue influence by an interested party upon an elder. In cases like these, the estate and assets of the elder might seem "up for grabs" to an unscrupulous child, grandchild, or another third party. Elder financial abuse reveals itself through specific patterns and behaviors, and we can usually track a wrongdoer's steps toward gaining control of an estate. They'll employ all sorts of tricks and techniques to get their way: frequent visits, blandishments, and gifts (emotional manipulation) as well as isolation, outright intimidation, and even physical abuse. Through these methods, undue influencers can maneuver themselves into legal position f[...]
Continue ReadingHow to Prove Elder Financial Abuse in California
- August 12, 2016 - Elder Financial Abuse,
California financial elder abuse claims have exploded in the last couple of years. Success in civil courts on these claims is dependent upon proof. So how do you prove a financial elder abuse claim when the victim (the elder) has died? We start with the factual elements of a claim. California jury instructions provide a guide for these elements. That said, it is recognized that even these instructions are not intended to cover every circumstance in which a plaintiff may bring a cause of action under the Elder Abuse and Dependent Adult Civil Protection Act. In a general sense, factual elements begin with showing: that an individual (and/or his/her assistant) took/hid/appropriated/obtained/ [or] took the decedent’s property; the victim ([...]
Continue ReadingProving Elder Financial Abuse in California
- August 12, 2016 - Elder Financial Abuse,
California financial elder abuse claims have exploded in the last couple of years. Success in civil courts on these claims is dependent upon proof. So how do you prove a financial elder abuse claim when the victim (the elder) has died? We start with the factual elements of a claim. California jury instructions provide a guide for these elements. That said, it is recognized that even these instructions are not intended to cover every circumstance in which a plaintiff may bring a cause of action under the Elder Abuse and Dependent Adult Civil Protection Act. In a general sense, factual elements begin with showing: that an individual (and/or his/her assistant) took/hid/appropriated/obtained/ [or] took the decedent’s property; the victim ([...]
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