Financial Elder Abuse Litigation
Financial elder abuse affects an estimated 6 million Americans every year.
Abuse can occur when you least expect it.
A caretaker, friend, neighbor or family member with bad intentions can slowly gain control of an elder’s necessities of life, medication, and financial accounts. Lies, isolation, threats of abandonment combine to coerce an elder into handing over money and property. In the worst of cases, new estate planning documents are created benefiting the bad actor and disinheriting the rest of the children or family.
California has a rich body of law to protect elders (defined as anyone aged 65 or older) from the devastating effects of financial elder abuse. California elder abuse laws can also be used to correct an ill-gotten estate plan and allow assets to pass to the rightful heirs of an estate.
Albertson & Davidson, LLP has helped hundreds of clients to fight against financial abuse of elders in California.
Undue Influence, under California law, arises when a bad acting person overcomes the elder’s free will and persuades the elder to give the bad acting person money, houses, and other property. In determining whether undue influence was exercised by the bad acting person or the elder, the following is considered:
and Settlements Recovered