Trust Amendments | A Potential Avenue to Fraud

Trust Amendments | A Potential Avenue to Fraud

• August 6, 2020 - Elder Financial Abuse, Trust Litigation,

Problem solving is often a function of experience. Tough cases test our ability to find the right solution. Dubious trust amendments present unique trials.

We litigate many California trust and estate contests. For us, many of these lawsuits are routine.

Sometimes the case circumstances are rare – seeming one-offs. More often, I feel like a surgeon removing his 400^th appendix. I’ve been down this road before. I know the difference between the usual and the unusual.

Trust amendment challenges have some common beginnings. A parent makes a trust that is revocable during their lifetime. The parent is called the settlor.

The trust becomes irrevocable at the settlor’s death. There is some type of intervention after the formation of the trust. It might be the actions of a caregiver, a child, or even a stranger. Distribution provisions benefitting family members get changed by a trust amendment.

The settlor is aged, infirm, and vulnerable to undue influence. Someone takes advantage of this infirmity. The successor trustee is changed to the wrongdoer. Distribution provisions to family members are altered to only benefit one child – or a caregiver.

These trust amendments are an avenue to fraud. They’re not unusual. We litigate challenges to them in many of our state’s Superior Courts. We also litigate the twists that can make them seem out of the ordinary. We’ve been down enough roads to see the curves and turns.

We’re happy to speak to you about your challenges from a trust amendment. Call us at Hackard Law – 916 313-3030 – or check out our website at hackardlaw.com.

Hackard Law – for Abused Beneficiaries and Heirs.