Category: Financial Elder Abuse

trust beneficiary bill of rights

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 […]

Sink your lawsuit

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. […]

Trustee Jail Break

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 […]

who let the devil in

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. […]

elder abuse pandemic

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 […]

at what cost

When is it worth it to sue for your inheritance? Lawsuits can be expensive, time consuming, and emotionally draining. But there are two big issues involved in every Trust and Will lawsuit: principle and money. By principle, we are referring to what is right and what is just. Of course, we all know that life […]

Can a Caregiver be a Beneficiary

Is it legal to name a caregiver as a beneficiary of a Trust or Will? The answer is… maybe. Here are the things you need to know about naming a caregiver as a beneficiary of a Trust or Will in California: When a Caregiver is Named as a Beneficiary of a Trust or Will, A […]

so alone

What options do you have when one of your siblings is isolating one, or both, of your parents? Well, you have two options. The first option is to file for conservatorship. And the second option is to do nothing. And, sometimes, that second option is the best option to take. Filing a Conservatorship Petition Let’s […]

capacity vs coercion

What is the difference between lack of capacity and undue influence? We talk a lot about these concepts on our videos, our blog, all of our websites, because it really is the most important part of a Trust or Will contest. We’re almost always bringing a claim to try to overturn a Trust or Will […]

you're not alone

We have used the term abused beneficiary for many years now. When we refer to an abused beneficiary, we mean a Trust or Will beneficiary that has been denied their rightful inheritance in some fashion. There are two main types of abused beneficiaries, which we refer to as vested and non-vested beneficiaries. Vested beneficiaries are […]