How to Recover Hidden Assets in Estate Litigation

When an aging loved one begins to rely on others—especially caregivers—for daily support, the balance of trust and power can shift quickly. In some cases, this relationship may evolve into one that exploits vulnerability rather than honors it. At Hackard Law, we have seen firsthand how caregivers, acting under the guise of compassion, sometimes manipulate elderly individuals into transferring significant assets long before death. These transfers can devastate rightful heirs and fracture families for generations.

But what happens when you suspect that a caregiver has secretly siphoned off your loved one’s assets before they pass? Can you do anything about it? The answer is yes. California law provides legal avenues to challenge and potentially reverse these transfers, even while your loved one is still alive.

This article explores the legal landscape of pre-death fraudulent transfers by caregivers—how they happen, what to look for, and the litigation tools available to recover what was wrongfully taken. So, without further ado, here’s How to Recover Hidden Assets in Estate Litigation.

Understanding Fraudulent Transfers Before Death

What Is a Fraudulent Transfer?

A fraudulent transfer (also known as a fraudulent conveyance) occurs when someone improperly moves assets to another person, typically to hinder, delay, or defraud creditors or rightful heirs. In the elder law context, fraudulent transfers often take the form of property deeds, bank account changes, or beneficiary designations that unfairly favor a caregiver or non-family member.

Fraudulent transfers can happen:

While the elder is alive and competent
While the elder is alive but cognitively impaired
Through undue influence or outright deception

California’s Uniform Voidable Transactions Act (UVTA) governs many of these cases, allowing courts to unwind or “void” transfers designed to prevent legitimate claims.

Why Caregivers Become the Culprits

The dynamic between caregiver and elder can be deeply personal—and deeply problematic. A caregiver often has private, sustained access to the elder’s finances, daily routines, and medical conditions. This opens the door to:

Undue influence: Manipulating the elder into signing over property.
Fraud: Misrepresenting facts to gain control over assets.
Duress: Using threats or intimidation to force a transfer.
Isolation: Cutting off family access to reduce oversight.

While many caregivers are trustworthy and devoted, the unfortunate reality is that some use their position for personal enrichment at the expense of vulnerable elders.

Spotting the Red Flags

Family members must be vigilant. Fraudulent transfers often occur quietly and without notice. These warning signs may indicate foul play:

Sudden changes to estate planning documents
A caregiver named as joint tenant on property deeds
Power of attorney changes giving the caregiver sweeping authority
Large cash withdrawals or closed investment accounts
Missing heirlooms, jewelry, or collectibles
Frequent trips to the bank with the elder
The caregiver speaks on behalf of the elder or blocks family communication

If you notice these signs, it may be time to take legal action before more damage is done.

Can You Litigate While the Elder Is Still Alive?

Yes. In fact, acting while your loved one is still alive can be advantageous. You may be able to preserve more assets and prevent further losses.

Key Legal Tools

Civil Lawsuits Under the UVTA
Under California’s Uniform Voidable Transactions Act (Civil Code §§ 3439–3439.14), transfers made to avoid legitimate creditors can be challenged. A family member or interested party may file a lawsuit alleging that the caregiver received assets in a voidable transaction.
Conservatorship Proceedings
If your loved one lacks capacity, you may petition the court to establish a conservatorship. This legal arrangement allows a court-appointed conservator to manage financial and personal decisions and unwind improper transfers made during incapacity.
Elder Abuse Claims (Welfare and Institutions Code § 15610)
California’s Elder Abuse and Dependent Adult Civil Protection Act provides broad civil remedies. Financial abuse claims can lead to the recovery of misappropriated assets, damages, attorney’s fees, and even punitive damages.
Trust and Estate Litigation
If the elder’s assets were held in trust and improperly transferred, you may have grounds to file a petition under the Probate Code to challenge trustee actions, compel accountings, or recover misused property.

The Role of Undue Influence in Fraudulent Transfers

In California, fraudulent transfers before death often involve undue influence, which is more than just persuasion—it’s coercive manipulation. Probate Code § 86 defines undue influence in elder law as excessive persuasion that overcomes a person’s free will and results in inequity.

Courts consider several factors when evaluating undue influence:

Vulnerability of the victim
Apparent authority of the influencer
Actions or tactics used
Equity of the result

A caregiver who isolates the elder, pressures them to change documents, and then benefits financially is a prime candidate for undue influence litigation.

Real-Life Scenarios: How Fraud Plays Out

Scenario 1: The House Transfer

An elderly father, recently widowed and battling dementia, relies on a live-in caregiver. Without telling his children, the caregiver persuades him to sign over his home via a quitclaim deed. When the father dies, the children discover the transfer and find themselves disinherited.

Legal Remedy: A civil suit under the UVTA and Probate Code may allow the children to void the transfer due to undue influence and cognitive incapacity.

Scenario 2: The IRA Beneficiary Switch

An elder with declining health designates her caregiver as the sole beneficiary of her retirement accounts, bypassing her long-standing estate plan. The switch occurs shortly after the caregiver began isolating her from family.

Legal Remedy: Litigating to recover non-probate assets (like IRAs) can be complex but possible if undue influence is proved. Discovery of the elder’s condition and sudden change in estate plan is key.

Scenario 3: The Missing Funds

The caregiver has access to the elder’s checkbook and ATM card. Over several months, thousands of dollars disappear. The family only notices after the elder is hospitalized.

Legal Remedy: Filing a civil elder financial abuse claim and requesting a court accounting may uncover the trail of fraud and result in restitution.

How Hackard Law Builds These Cases

At Hackard Law, we know how to investigate, document, and litigate these highly emotional and complex cases. Here’s how we typically build a case:

1. Gathering Evidence

Financial records (bank statements, deeds, wire transfers)
Medical records (to establish cognitive decline)
Witness testimony (family, neighbors, medical providers)
Communication logs (emails, texts, voicemails)

We often work with forensic accountants and medical experts to support our claims.

2. Filing Suit

Depending on the situation, we may file:

A civil lawsuit under the UVTA
A probate petition for trustee removal or surcharge
An elder abuse claim with statutory penalties
A conservatorship petition to freeze future transactions

3. Freezing Assets

We may request injunctive relief to prevent the caregiver from selling or transferring the property while the case is pending.

4. Settlement or Trial

Many of these cases settle through mediation. But when necessary, we are prepared to go to trial to seek recovery, damages, and justice for our clients.

Defenses Caregivers Often Use

Caregivers rarely admit wrongdoing. Common defenses include:

“The elder wanted to give me the house.”
“I was just helping with bills.”
“They changed the documents themselves.”
“The family abandoned them—I was the only one who cared.”

Our job is to challenge these defenses by showing coercion, incapacity, or lack of informed consent.

The Emotional and Financial Toll

Litigating fraudulent transfers before death is not just a legal process—it’s a deeply personal one. Families already navigating grief and caregiving challenges must now contend with betrayal, lost inheritance, and the erosion of trust.

We help families not only recover assets, but also find a sense of justice and closure. While the legal road may be long, the cost of inaction can be far greater.

Protecting Your Loved Ones, Identify Fraud and Recover Hidden Assets Now

If you suspect fraudulent transfers by a caregiver, don’t wait. Time is often of the essence. Here are some immediate steps:

Document everything: Keep a journal of events, collect financial documents, and take notes on suspicious behavior.
Talk to your loved one: If possible, express your concerns and encourage transparency.
Consult an attorney: The sooner legal counsel is involved, the more options you may have.
Consider a conservatorship: If your loved one is being isolated or appears mentally compromised, court intervention may be necessary.
Review estate documents: Get a copy of the latest will, trust, or power of attorney to assess recent changes.

Final Words

Fraudulent transfers before death can devastate families and permanently alter the legacy a loved one intended to leave behind. When a caregiver takes advantage of their position to secretly claim property, siphon funds, or rewrite estate plans, it is not just theft—it is abuse.

At Hackard Law, we stand up for those who have been wronged. We represent heirs, beneficiaries, and family members across California in challenging fraudulent transfers, especially those involving vulnerable elders and exploitative caregivers.

If you believe that assets were hidden, stolen, or transferred under suspicious circumstances, don’t wait for probate to begin. The sooner you act, the more likely you can recover what’s been taken.

Contact Us | Hackard Law for a confidential consultation. Let us help you uncover the truth and fight for the justice your family deserves.