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[...]

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[...]

You’re the heir to an estate in Los Angeles – and you expect that your rightful inheritance will be distributed to you fairly and on time. But then you notice that estate assets begin disappearing. Someone is committing estate theft – maybe it’s the trustee or an untrustworthy family member. What are your options? What steps can you take in Los Angeles probate court? California probate law allows you to file a Section 850/Heggstad Petition. The Heggstad Petition allows abused heirs and beneficiaries to begin the process of discovery by: Deposition Interrogatories Demand for Production of Documents In other words, the Section 850/Heggstad Petition forces disclosure of potential wrongdoing, including fraud, elder fina[...]

If you are involved in trust or probate litigation in Sacramento, Oakland, San Francisco, Los Angeles or any other California City or County, you may be going to mediation (court-ordered or voluntary). If so, you should be armed with some simple truths about mediation and settlement. Number 1: What is mediation? Mediation is the process by which a neutral person facilitates communications between two or more disputing parties to assist them in reaching a mutually acceptable agreement. Number 2: Do Settlement Agreements Have to Be In Writing? A successful mediation is often documented at the end of the process by a short summary agreement - sometimes called a term sheet - signed by all the parties. When this is not practical and the [...]

What do you do if your inheritance in a trust or will has been taken or is threatened by another family member? I'll start with some guidance that I draw from my experience: An estate planner is not an estate litigator. This conclusion needs some elaboration. There are some great estate litigators who are also great estate planners - but this is rare. The rigors, strategy and tactics of litigation are a somewhat uneven fit with the more evenly-paced practice of estate planning. The differences can be as dramatic as the style and comportment of a mediator from a prizefighter. Get a second, maybe even a third opinion. We have seen meritorious and ultimately successful cases that were rejected by estate planners or other estate litigators. I[...]

Family fights over a mother or father's estate are painful ordeals - even among the well-intentioned. Such fights open old wounds and inflict new ones. The pain of a parent's passing is often amplified by the growing knowledge of another family member's wrongdoing. Residents of Sacramento face these inheritance battles as much as anyone else, and they deserve the best representation from experienced estate, trust and probate litigators. Wrongdoing might first be detected after a parent's death. Questionable bank account statements, changes to deeds and the silence or obfuscation of the wrongdoer are the common benchmarks of estate wrongdoing. New cars, expensive vacations and new boats are the occasional signs of a bad actor's newfound w[...]

The 2015 Judicial Council of California Court Statistics confirms by scientific data what estate, trust and probate litigators, like those at Hackard Law, know by experience: There’s an enormous number of probate (and mental health) court trials per year in California each year – a figure exceeding 30,000. Los Angeles County Superior Court is the 800-pound gorilla when it comes to probate and mental health court trials – totaling over 14,000 trials in the Fiscal Year of 2013-2014.  Trials mean disputes, and disputes mean attorneys plus attorney’s fees. When it comes to attorney’s fees, many clients want to know if a contingency fee is available to pursue estate, trust and probate litigation. The answer is yes – with some qua[...]

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[...]

Providing an objective assessment for the frequency of stepmother-step-children probate and trust battles is elusive - but to ignore it is to live in another world. For us the anecdotal evidence is in. Case by case - Will Contests, Trust Contests, Life Estate challenges, Probate Objections, Deed Revocations or Joint Tenancy quarrels -- the interests and paths of stepmothers and stepchildren often collide. In California, these collisions of interests play themselves out in the probate and civil divisions of our state's Superior Courts. Anyone living in the real world wouldn't be surprised by research showing that only about 20% of adult stepchildren feel close to their stepmoms. Moreover, studies show abundant evidence that stepmothers and [...]

The Hackard Law estate, trust and probate litigation team represents both individuals and families who need to protect their inheritance or beneficiary rights in a California trust or estate. Such rights can include money, personal property, real estate and other assets like financial and investment accounts. We’re dedicated to safeguarding estates and trusts that have been hijacked by wrongdoers such as bad trustees who neglect their fiduciary duties and violate the legal rights of beneficiaries. When a client engages Hackard Law to defend their interests, we analyze their case and prepare for battle – we develop plans for tough litigation ahead. Your circumstances matter – we find the stories of our clients to be the most powe[...]