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[...]

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[...]

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[...]

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[...]

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[...]

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[...]

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 ([...]

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 ([...]

Elder financial abuse cases often involve some issues that rightly rest with consideration and adjudication in California probate courts. Other issues concerning exploitation of our senior citizens, meanwhile, should be tried by a jury in the civil division of the Superior Court. US Supreme Court Chief Justice John Roberts tells us that the jury is "vital in promoting justice" based on "common sense and judgment of the people drawn from the community." As California probate attorneys often engaged in litigation, we find that our clients desire to tell their story of elder financial abuse to a jury drawn from the community - from their peers. This wish frequently outweighs the desire to have a single source of judgment - a trial judge.[...]

I suppose that there are times in any job or profession when we struggle with our purpose, our import, our position in the life of the community that we live and serve. A way to deal with this struggle is to look at the world around us – to look and believe that the people we meet – the people that seek us out for our advice and counsel – are important gifts in our lives. These people share the problems facing them in everyday life and seek our advice and counsel. I always feel particularly graced when called upon to assist elders who need protection and a remedy for wrongdoing. This wrongdoing often involves the abuse of a power of attorney granted by the elder to someone close to him or her – often even a family member. In fort[...]