When an adult is no longer able to manage their finances or protect themselves from undue influence, the court can step in and appoint a conservator to act on their behalf. This legal process is known as a probate conservatorship, and the person being protected is referred to as the conservatee. Conservatorships have gained public […]
How a Nosy Neighbor Can Take Advantage of an Elder It all starts innocently enough. A neighbor befriends an elder and over time begins “helping” the elder by doing errands, driving them to doctor’s appointments, and helping them write checks or make online bill payments. Over time, the neighbor uses the trust they created to […]
To prove undue influence, one of the four elements you must establish is the equity of the result. Evidence of the equity of the result may include, but is not limited to, economic consequences to the victim, any divergence from the victim’s prior intent or course of conduct or dealing, the relationship of the value […]
Undue influence requires proof of the actions and tactics taken by the undue influencer. Actions and tactics include, but are not limited to: (1) controlling necessaries of life, education, the victim’s interactions with others, access to information, or sleep, (2) use of affection, intimidation, or coercion, (3) initiation of changes in personal or property rights, […]
For purposes of undue influence, a person may be considered to be vulnerable (or susceptible) to undue influence based on incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency. These factors in conjunction with whether the influencer knew or should have known of the alleged victim’s vulnerability, play a role […]
If you are a beneficiary of a Trust in California, you have legal rights. Below is a list of some of a California Trust beneficiary’s basic rights. Obtain Copies of Trust Documents Trust beneficiaries are entitled to receive copies of the Trust documents. Beneficiaries should receive copies of the Trust when either: The Trust (or […]
If you are a party to a Trust lawsuit will your case help all the Trust beneficiaries? The answer is a definite maybe. There are times when your lawsuit could help other beneficiaries that did not join the case, but there are also times when the non-participating beneficiaries could be left out in the cold. […]
Bad Trustees can be held liable for the harms and losses they cause to a Trust, but not criminally. We have written about this topic many times before, but it always seems to come up with clients and potential clients. Beneficiaries want their bad Trustees to be criminally liable for their breaches of Trust. It will […]
Did you realize that when you are given a gift under a Trust it comes with a string attached? Not just a little string either, but a big, giant rope tied securely around it. That rope is your Trustee. It can be a lifeline, or it can be noose. It all depends on the Trustee. […]
When a bad actor intervenes in your parent’s life to orchestrate a change in their estate plans—a change your parents didn’t want—we call that inheritance theft. It is the fastest growing area of theft among elders. And it often happens when you least expect it. It can be hard to detect and even harder to […]
