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Posts tagged "Undue Influence"

CA Estate and Trust Mediation | The Deal No-Deal Balance


CA Estate and Trust Mediation | The Deal No-Deal BalanceCalifornia public policy favors the mediation of litigated estate, trust and elder financial abuse disputes. Mediation communications are confidential - part of a legislative effort to promote effective mediation.

Focus Groups | CA Estate & Trust Litigation

CA Estate Trust Litigation Focus Groups.jpgFocus groups in estate, trust and elder financial abuse litigation are a valuable tool in determining community attitudes to undue influence and financial abuse cases.Participant selection, presentation venue and moderator approaches all play a part in this important process of community discernment.

Tom Clancy | The Battle Over Jack Ryan


Tom Clancy Estate Litigation Dispute.jpgHe was one of the greatest spy fiction writers of our era, and his movies and characters will certainly live on for decades, but for all his brilliance as a novelist, Tom Clancy was not good at plotting a satisfying end to his own estate.

Estate Disasters | Dying without a Will

Estate Disasters Dying Without Will Intestate.jpgSeveral years ago, in my second decade of practicing law, I learned a lot about estate disasters. My mother's aunt had substantial financial resources - resources saved and invested over the many decades of her life. She and her now-deceased husband had saved for old age - for security in their retirement years. She owned her own San Francisco home, had a secure pension and a large stock portfolio. Then, in her early 90s, she had a caregiver to assist her at a time of her decreased mobility, limited hearing, other sensory deficits and lost driving privileges.

Trial Preference for Seniors 70+ | Elder Financial Abuse

Trial Preference | Elder Financial Abuse.jpgImagine that you have been the target of elder financial abuse. Your lawyer tells you that getting your California civil case to trial may take 2-3 years. You ask whether your trial can be accelerated because of your age. Good question. California law helps here.

Aretha Franklin | Trouble Ahead Without a Will

Aretha Franklin Died Without a WillThe world lost a great talent last month when Aretha Franklin, known as "The Queen of Soul" passed away from pancreatic cancer at the age of 76. In a remarkable career that spanned nearly 6 decades, Franklin was acclaimed for her hit songs, "Chain of Fools," "A Natural Woman," and "Respect."

Punitive Damages | Despicable Conduct & Elder Financial Abuse


Elder Financial Abuse Punitive Damages.jpgCalifornia law provides that punitive damages may be recovered when the defendant is guilty of oppression, fraud or malice. Since the code section uses the word "or," the allegations need only establish one type of conduct.

Elder Financial Abuse Panel | Eskaton Sacramento (Rescheduled)

Eskaton Talk on Elder Financial AbuseOn Thursday, October 25th, I'll be giving a talk at the Gold River Lodge of Eskaton, one of California's top retirement communities, on how seniors can keep themselves safe from fraud and elder financial abuse. The previous talk, set for Thursday, August 30th, was rescheduled to October to make room for a larger audience. The presentation begins at 9:00 AM.

John Seward Johnson | Disinheritance & Incapacity

John Seward Johnson Estate Dispute.jpgPhoto Credit: RD Warren

The name John Seward Johnson probably means very little to you, but you've certainly know the company that Johnson's father, Robert Wood Johnson, co-founded. That's right - Johnson & Johnson, the maker of baby products we've all used for generations.

CA Trust & Estate Litigation | Making Your Case

CA Trust Estate Litigation Making Your Case.jpgYou know that something is wrong - something is just not right. How do you talk with a trust litigation attorney about trust issues when you know so little?

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