The Rule of Law, COVID-19, and What It Means for Estate and Trust Litigation in California

by Michael Hackard

Publication Date September 11, 2026 in Estate Litigation

When the Courts Go Quiet, Families Pay the Price

I am Michael Hackard, founder of Hackard Law. Over nearly five decades of practice, I have fought for heirs, beneficiaries, and elder abuse victims whose rights were threatened by fraud, undue influence, and trustee misconduct. I have written four books on inheritance protection and produced more than 1,000 educational videos that have reached over seven million viewers. My firm serves families throughout Sacramento, the San Francisco Bay Area, and Los Angeles  –  people who turn to us when the legal system is their last line of defense.

The COVID-19 pandemic made me face something I hadn’t seen in fifty years: a temporarily closed civil justice system in California. Trials were halted by courts. The legislature became dark. Numerous governors issued directives. The disruption was devastating for families already dealing with a contested trust or a claim of elder financial abuse.

Hackard Law provides contingency fee representation for qualified estate, trust, and elder financial abuse cases  –  no upfront costs to you. To discuss your situation, call us at (916) 313-3030.

Quick Summary

The COVID-19 pandemic strained the foundations of civil justice in California, creating serious obstacles for families pursuing estate, trust, and elder abuse claims in court.

• Courts suspended civil trials and prioritized criminal dockets, leaving civil litigants in limbo.
• California’s $0 emergency bail order and mass prison releases raised public safety concerns in cities across the state.
• The California legislature was largely sidelined, with the governor issuing executive orders with limited oversight.
• Families with pending trust and estate disputes faced prolonged delays and mounting uncertainty.
• Despite these headwinds, Hackard Law continued to pursue justice for clients throughout California.

What the Law Is Supposed to Do

Most people agree on one fundamental requirement: the law must be understandable, predictable, accessible, and clear. This standard is a social contract, not merely a legal ideal. When it is upheld, families can plan, estates can be distributed equitably, and those who mistreat the elderly or mislead beneficiaries will be held accountable. The most vulnerable people suffer the most when it collapses.

The pandemic broke that agreement, at least momentarily. Courts that had previously advanced civil cases fell silent. Judges informally told attorneys that criminal trials, which have statutory priority, would take up most of their dockets going forward. The entire 2020 civil trial schedule was essentially canceled by certain courts. That news was devastating for a family that had been waiting years for a contested trust to be resolved.

The Courts, the Bail Orders, and Civil Justice

The California Judicial Council issued an emergency order in April 2020 setting bail at zero for most misdemeanor and lower-level felony offenses. The goals were to reduce jail overcrowding and slow the virus’s spread. Law enforcement organizations fiercely opposed the order, claiming it permitted recurrent offenders to go through the system without facing repercussions. In early June, the Judicial Council revoked the statewide order, but it allowed individual county superior courts to keep the policy locally. That’s what at least 29 counties did.

Governor Newsom also ordered the release of 8,000 prison inmates to reduce crowding. Of the first 3,500 released, more than 150 were still infected with the coronavirus at the time of release. San Francisco reported that burglaries increased approximately 70% after the state releases began, compared to the same period in 2019. District attorneys and police chiefs across the state were vocal in their criticism.

For civil litigants  –  including families fighting over a contested estate or pursuing an elder financial abuse claim  –  these developments compounded an already difficult environment. Courts were managing a public health crisis, a criminal case backlog, and a public safety debate all at once. Civil cases were not the priority.

Case Pattern: A Bay Area family had been waiting nearly two years for a trial date in a trust dispute involving alleged undue influence over an elderly parent. When the pandemic hit, their trial date was vacated without a new date assigned. The delay allowed the opposing party to continue controlling trust assets. Persistent legal pressure and eventual mediation produced a resolution  –  but the family lost months they could not recover. For more on how these disputes unfold, see common probate, trust, and estate battles.

Governance Without a Legislature

The California legislature went in and out of session beginning in March 2020. Its scheduled return was not until late July. In the interim, the governor issued dozens of executive orders and authorized billions in public spending with little legislative oversight. The state was, in practical terms, operating without its legislative branch.

Companies opened, then shut down. After announcing plans to reopen, schools later changed their minds. Parents who intended to return to work were sent back to their current shelter. Churches were told to close. Statues were demolished in Sacramento, San Francisco, and Los Angeles, but no arrests were made. The pattern was the same regardless of one’s opinion of the underlying policy discussions: the law was not understandable, predictable, accessible, or clear.

For attorneys and clients alike, that unpredictability was not just frustrating  –  it was a direct obstacle to justice. Hackard Law litigates estate and trust disputes throughout the Bay Area, including cases in Alameda County, Santa Clara, and Oakland. Delays in those courts meant delays in accountability for trustees, executors, and others who had wronged our clients.

What This Means for Heirs, Beneficiaries, and Elder Abuse Victims

I have seen this pattern before, though not at this scale. When courts take their time, bad actors benefit. A trustee has more time to conceal the evidence when they embezzle assets. An elderly person has more time before the transaction can be challenged if a caregiver forces them to sign documents. An executor who postpones estate administration is less likely to face consequences when courts are delayed.

The financial toll grows with every month a case sits without a trial date. The fracture in a family  –  already strained by a disputed estate  –  often runs too deep for any judgment to mend if the process takes years longer than it should. Discovery, forensic analysis, and the pursuit of justice are not just legal strategies, but safeguards for families threatened by undue influence and fraud. A steadfast commitment to truth restores what dishonesty tried to steal  –  but only if the courts remain open to hear the case.

Heirs and beneficiaries who believe their rights have been violated should not wait for perfect conditions. California trust beneficiaries have important rights that can be enforced even in difficult times, and early action often makes the difference.

Case Pattern: An elderly Oakland resident had transferred significant assets to a family member shortly before the pandemic. When the family sought legal help, courts were operating with limited capacity. Hackard Law filed immediately, preserving the client’s ability to challenge the transfer. The early filing prevented further dissipation of assets and ultimately supported a favorable outcome. Learn more about Oakland estate litigation and how early action protects families.

Adapting Without Abandoning Principles

The pandemic made clear that the legal system  –  like every other institution  –  must adapt. Remote hearings, electronic filings, and virtual depositions became standard practice almost overnight. Some of those changes improved access for clients who previously could not travel to courthouses. Others created new challenges around credibility, evidence presentation, and judicial attention.

Hackard Law adapted alongside the courts. We continued filing cases, pursuing discovery, and pressing for resolution through mediation and negotiation when trial was not available. For families in the Santa Clara area and across the Bay Area, we remained available and active throughout the disruption.

For decades, I have stood with families who had nowhere else to turn. The pandemic did not change that. What it reinforced is that waiting  –  hoping a disputed trust will resolve itself, hoping a trustee will do the right thing, hoping a court date will eventually appear  –  is rarely a strategy that serves our clients.

Key Definitions

• Emergency bail schedule: A court order setting bail at $0 for most misdemeanor and lower-level felony charges, issued in California during the pandemic to reduce jail crowding.
• Civil trial priority: The legal principle that criminal cases carry statutory priority over civil cases on court dockets, meaning civil trials can be displaced when criminal backlogs grow.
• Executive order: A directive issued by the governor that carries the force of law without requiring legislative approval, used extensively during the pandemic.
• Trust litigation: Court proceedings to resolve disputes over the creation, administration, or distribution of a trust, including claims of undue influence, breach of fiduciary duty, or fraud.
• Elder financial abuse: The wrongful taking, concealment, or appropriation of an elder’s property or assets, often by a person in a position of trust or authority.
• Contingency fee representation: A fee arrangement in which the attorney is paid only if the client recovers, with no upfront costs to the client.
• Undue influence: Pressure or manipulation that overcomes a person’s free will, often used to change estate plans in ways that benefit the influencer.
• Fiduciary duty: The legal obligation of a trustee, executor, or other representative to act in the best interests of the beneficiaries they serve.
• Probate: The court-supervised process of administering a deceased person’s estate, including validating a will and distributing assets.

What to Do Next

• Look for signs that a trust or estate dispute may be worsening  –  delays in distribution, missing accountings, or unexplained asset transfers.
• Get copies of any trust documents, amendments, or powers of attorney that may be relevant to your situation.
• Try to avoid confronting a trustee or executor directly before you understand your legal rights as a beneficiary.
• Look for an attorney who handles trust and estate litigation on a contingency fee basis, so cost is not a barrier to pursuing your claim.
• Get a timeline together  –  dates of key events, document signings, and changes in the elder’s condition or relationships.
• Try to avoid signing any releases or settlement agreements without independent legal review.
• Consider whether mediation could resolve the dispute faster than waiting for a trial date, especially in the current court environment.
• Review Hackard Law’s published books on inheritance protection for a deeper understanding of how these cases unfold.
• Call Hackard Law at (916) 313-3030 to discuss your case with an attorney who has been fighting for heirs, beneficiaries, and elder abuse victims for nearly five decades.
• You can also reach us through our contact page to schedule a consultation at your convenience.

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