I’m Mike Hackard with Hackard Law. Our law firm litigates California will and trust disputes. A will vests a decedent’s real and personal property in an executor. Executor may also mean administrator or personal representative. An executor must deal fairly with all the beneficiaries of the estate. A beneficiary can set aside an estate sale to an executor if the executor did not deal fairly and fully disclose all relevant facts of the transaction. The responsibilities of an executor generally involve three duties: Take possession of the decedent’s real and personal property. Pay the decedent’s debts. Distribute the surplus, if any, in accordance with the will or the state rules of intestate succession. Executor[...]

I’m Mike Hackard with Hackard Law. Hackard Law litigates California estate and trust cases. We’ve doubled down on how we litigate these cases – we’ve strengthened our commitment. In blackjack, “double down” means doubling a bet after seeing one’s initial cards. You’ve upped the ante and an additional card must be drawn. We often take estate and trust litigation cases on a contingency fee. It too has risks and rewards. We determine the initial set of facts. Facts include the parties, the assets, the activities that led to litigation, and the law. We consider whether we would accept the case on a contingency basis. In contingency cases we lawyers don’t get paid unless we resolve, settle, or win the case. We gener[...]

I’m Mike Hackard of Hackard Law. Hackard Law is a California law firm focusing on estate and trust litigation. This litigation includes turbulent business succession battles. These clashes are ignited by contested wills or trusts. The controlling stake in a company, LLC, or partnership is the focus of the conflict. The route to resolution can be circuitous, emotional, and long. Experience counts. If you or your family are facing an estate or trust related business succession battle, call us at Hackard Law: 916 313-3030. We’ll be happy to speak with you. Hackard Law: Attorneys Making a Difference [embed]https://www.youtube.com/watch?v=fapMcQocnlw[/embed][...]

I’m Mike Hackard with Hackard Law. I handled my first estate litigation case over 40 years ago. It was a disputed Will. I learned a lot from that case. Since then, I’ve worked on several thousand cases on a contingency basis. We’ve found that trust, estate, and financial elder abuse cases often lend themselves to contingency arrangements. California contingency fee agreements generally provide that a plaintiff is only responsible for paying their attorney if they resolve, settle or win the case. The payment is a percentage of the settlement or winnings. These cases closely tie the lawyer’s interest with those of their client. Contingency fee cases help beneficiaries maintain an equal footing in our courts against those who [...]

I’m Mike Hackard with Hackard Law. We litigate California estate and trust disputes. More often than not, the asset in question is a house. Other common assets are bank accounts and securities. It’s our job to keep up with the law and with changing trends. The ownership of crypto-assets is a changing trend. Crypto-assets are going mainstream. Gemini, a cryptocurrency exchange, estimates that 14% of American adults, roughly 21 million people, own cryptocurrency. This ownership rate is moving upward. The asset-management industry is working to cash in on cryptocurrencies by launching new products. While progress is slow, there is progress. Cryptocurrency ownership will become more widespread. This will be a challenge for th[...]

I’m Mike Hackard with Hackard Law. We litigate estate and trust cases in California’s largest urban areas. I first represented clients in estate disputes over 40 years ago. Experience has been a great teacher. That said, I’m still a pupil. I learn new things. See new things. I’ve seen how anger – how harboring grudges - can be ruinous. Mark Twain once said: “Anger is an acid that can do more harm to the vessel in which it is stored than to anything on which it is poured.” It’s tragic to see the effects of stored up anger. Vengeance does more harm than good. So, I’ll share some insights where clients gained more from peace than rancor. It’s difficult to move on from rejection to forgiveness. It’s hard to le[...]

I’m Mike Hackard with Hackard Law. We focus on trust, estate, and elder financial abuse litigation. Trust beneficiary litigation is messy. Messy doesn’t mean impossible. It means we have to get to work. I’m sharing with you some of the things we use when we get down to work. Every case has its own facts. Its own nuances. One size does not fit all. Still, it’s good to have a general approach. Our first meeting, whether in person, zoom, or telephone, identifies the real party in interest. For trusts, this means the trustee, a beneficiary, or disinherited beneficiary. This is what we call standing. We address fee agreements. They are negotiable. Some cases are hourly. Some are contingency. Some are a mix. Costs must be a[...]

I’m Mike Hackard with Hackard Law. We do trust & estate litigation in some of California’s largest urban areas. We respond to dozens of inquiries every month from family members of deceased or cognitively impaired elders. These inquiries often focus on prevention, prosecution, and recovery for financial abuse. The financial abuse may be the result of undue influence, outright theft, or a combination thereof. Every case has its own character. One characteristic, commonly shared, is the litigation burden of introducing evidence, to make a prima facie case – meaning there’s enough evidence to proceed to trial or judgment. California courts have long used the phrase “burden of going forward with the evidence.” This i[...]

I’m Mike Hackard with Hackard Law. I’ve practiced law for 45 years. Our YouTube channel is our effort to share the many lessons gained over those years. One lesson that I learned long ago has to do with letter writing. Clients come to us to solve a problem. For many years I handled pharmaceutical cases for those injured by prescription drugs. Now, the common problem that we handle is the abuse or disinheritance of an heir or beneficiary. We meet with our client. It’s a call, a zoom meeting, or a sit down. We hear their story. A caregiver, sibling, or stranger has a part in a disinheritance. A will or trust was suspiciously changed. A property was deviously transferred. The actions were covert. In a sense, under the cover o[...]

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[...]