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Posts tagged "Undue Influence"

Codependent Parent and Addicted Child | Estates & Trusts at Risk

Codependency Undue Influence Estate Trust Litigation.jpgLet me start with this - I am not a psychologist. I am a lawyer - a lawyer who at this stage of my career is heavily focused on estate, trust and elder financial abuse litigation. So much so that I wrote a book focusing on estate and trust wrongdoing - The Wolf at the Door: Undue Influence and Elder Financial Abuse.

Disney Family Feud | The Tragic Legacy

Disney Estate Litigation.jpgWalt Disney is one of the most celebrated and successful entrepreneurs of the 20th Century and a man whose vision continues to delight families around the world through his Disney theme parks and movies. Disney himself was a scrappy and colorful animator, film producer, voice actor, and corporate leader who may have become more celebrated and appreciated since his death in 1966 than he was while he was alive.

Why Financial Elder Abuse Remedies Are Trending In The Law

Elder Financial Abuse Laws.jpgWe just held the midterm elections nationwide this month, and they got me thinking about elder financial abuse laws and the baby boomer generation.

Elder Financial Exploitation | An Innocent Child's Dilemma

Elder Financial Exploitation.jpgIt's natural - even good - that we should desire peace and avoid conflict. This desire might pale in the face of injustice. Families strained by the financial exploitation of a parent by a sibling or other close relative find themselves conflicted over calling out wrongdoing or trying to keep the appearance of harmony. That said, there are times in our lives when common decency and respect for the dignity of others will call us action - to painful confrontation. We pay a price for this.

Elder Financial Abuse | Awarding Damages

Elder Financial Abuse | Awarding DamagesElder financial abuse is a threat to seniors across California - and not only to seniors themselves, but also to their families and communities. When a wrongdoer steals money or hijacks estate and trust assets from an elderly victim, the heartbreak can be tremendous. Victims and their loved ones ask themselves, "What can we do to fight back?"

California's New Decanting Law | Fixing Broken Trusts

Decanting Trust California.jpg
Image Credit: Chris

You've probably heard that "It's not what you say, it's what people hear." Public opinion guru Dr. Frank Luntz is making a career from this truth - he explains that he is "testing language and find(ing) words that will help his clients" explain their products or public issues.

Jerry Garcia | An Estate Quagmire

Jerry Garcia Estate Dispute.jpg

Summing Up Undue Influence | Fact Sheet


Undue Influence California Law

CA Trust Beneficiary Rights | Do the Right Thing


CA Trust Beneficiary Rights.jpgIs there ever a time when the spirit of the law "will assert itself ... where right and justice would be defeated but for its intervention."[1] Fortunately, yes. An October 2018 California Fourth District Court of Appeal gives us a near perfect example.[2]

Blended Family Trust Disputes | A Formula For Conflict

Blended Family Trust Disputes | A Formula for ConflictA recent news story on a Bay Area trust dispute caught my attention - not necessarily over the legal details, but because of the general elements common to many cases of estate litigation. It has features we encounter all too frequently in our advocacy for beneficiaries: a successful family business, an ailing patriarch, his children from a prior marriage, and a stepmother. These are the ingredients for potential conflict.

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