When most people worry about their assets leaving the family, they immediately think of estate taxes. But here’s the truth: estate taxes rarely impact California families. In 2025, only estates exceeding $5.4 million per individual (or $10.8 million for married couples) face federal estate tax. That means the overwhelming majority of estates owe zero estate tax.
Another common misconception? That dying without a Will means the State of California automatically takes everything. Not true. Under California’s intestate succession laws (Probate Code §§6401–6402), your assets are first distributed to your spouse, children, grandchildren, or—if none exist—your extended family. Even without an estate plan, California law favors keeping assets within the family.
But there is one threat that puts far more estates at risk:
The #1 Threat to Your Family’s Inheritance: Financial Elder Abuse
The most dangerous and most common threat to your estate has nothing to do with taxes or the government. It’s financial elder abuse, especially when an elder is manipulated into changing their Will or Trust late in life.
This happens when:
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An elder is isolated, dependent, or vulnerable
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A wrongdoer gains access and influence
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Last-minute estate plan changes redirect assets away from the rightful heirs
Sometimes the new beneficiary was never meant to inherit anything, yet suddenly walks away with the majority—or all—of the estate.
These situations often involve:
Undue Influence
A bad actor pressures, manipulates, or coerces an elder into signing documents they don’t fully understand.
Lack of Capacity
The elder may no longer be able to understand what they’re signing, making the estate plan invalid—but only after a costly legal fight.
Secret Changes to Wills or Trusts
Family members frequently discover the problem only after the elder has passed away.
Why This Threat Is So Dangerous
Financial elder abuse is growing rapidly in California. A single bad actor can:
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Upend an entire estate plan
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Cut out rightful heirs
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Transfer assets to themselves
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Create years of litigation
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Cost families tens of thousands in attorneys’ fees
Even a well-crafted estate plan can be sabotaged at the end of life if no one is watching.
How Good Planning Protects Families
A strong estate plan is more than just signing a Will or Trust. It includes:
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Reviewing how each asset is titled
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Naming trustworthy fiduciaries
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Ensuring documents reflect your true intent
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Regularly updating the plan with a qualified attorney
Families should also watch for signs of undue influence, such as:
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Sudden new “friends,” caregivers, or advisors
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Isolation from long-trusted relatives
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Secretive behavior
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Unexplained changes to legal documents
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A new person gaining control of finances or medical decisions
Bad actors rarely appear threatening at first. They often enter the picture under the guise of “helping.” But as elders become more dependent, the risk grows.
If You Suspect Financial Elder Abuse, Act Quickly
Families often don’t realize anything is wrong until it’s too late. If you’re seeing red flags or if you’ve discovered surprising changes to a Will or Trust, our probate and trust litigation attorneys can help.
At Albertson & Davidson LLP, we fight for abused beneficiaries and work to restore stolen inheritances. Contact us today.
