How to Choose an Elder Financial Abuse Attorney

Financial exploitation is a growing form of abuse of seniors and adults with disabilities. Financial exploitation commonly involves trusted people in the life of a vulnerable adult. Cognitive impairment and the need for help with activities of daily living make victims more vulnerable to financial abuse that can result in a family’s loss of their inheritance.

You must choose a lawyer who understands you, your family, its dynamics, the psychological issues that often come into play, and communicates clearly, sets firm boundaries, has proven experience, and is strategically able to prosecute your claims in your loved one’s county of residence.

California has an extensive body of law to protect elders from the devastating effects of financial elder abuse involving improper changes to wills and estate plans. California elder abuse laws can be used to address financial elder abuse that involves coercion or manipulation of elderly Californians to alter their wills or trusts.

The attorneys at Albertson & Davidson, LLP have helped hundreds of clients recover losses caused by the financial abuse of elders and put an end to attempts to deprive the rightful heirs of an estate of their inheritance. We are tough-minded trial lawyers who focus on litigating complex financial cases involving estates and their assets. We stand. We fight. We win.

If you suspect malfeasance used to manipulate a senior citizen’s estate planning documents, such as a financial power of attorney, a will, or trust documents, we can take steps now to help you and your family. Please contact our estate litigation attorneys online or at (855) 928-0542 so that we can answer your questions and start work to make things right for you.

What is Elder Financial Abuse?

The National Council on Elder Abuse (NCEA) defines financial abuse as illegally taking, misusing, or concealing money, property, or assets of a vulnerable elder.

Under California law, financial abuse of an elder or dependent adult occurs when a person or entity:

• Takes, conceals, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud.
• Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
• Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence.

Under California law, undue influence occurs when a bad-acting person employs excessive persuasion to overcome the elder’s free will and causes the elderly person to act in a manner that creates inequity, such as rewriting a will to increase one child’s inheritance at the expense of his or her siblings.

Financial elder abuse often includes an element of emotional abuse, such as threatening to abandon an elderly or dependent person, withhold food or medicine, or otherwise harm the victim unless he or she agrees to revise a will or trust. Conversely, the abuser may persuade the elder by convincing them they are the only one who has their best interests in mind.

What Does an Elder Financial Abuse Attorney Do?

The attorneys of Albertson & Davidson, LLP are litigators who handle financial elder abuse cases pertaining to estate plans, such as an elder’s trust or will, being altered as a result of coercion, manipulation, or undue influence. We also offer probate litigation services if there is a need to contest a deceased family member’s will or defend a will against a challenge.

We represent beneficiaries, heirs, administrators, executors, trustees, conservators, and/or conservatees who might otherwise see assets promised to them or conveyed to their care taken away from them through improper or illegal means.

Our legal team can stand up for your and fight to prevent you from being deprived of your inheritance, and/or the love and support of a vulnerable elderly family member.

Where to Find an Elder Financial Abuse Lawyer

One of the best ways to choose an elder financial abuse attorney is to follow the recommendation of a trusted friend, relative, or business associate. Keep in mind that each legal case is different. A lawyer who handles nursing home abuse claims, for example, may have little or no experience as a trial attorney contesting wills and estates in California courts. That is important to keep in mind.

Make sure anyone you are referred to is licensed to practice law in California by looking them up on the State Bar’s Attorney Search page or by calling the State Bar at 800-843-9053.

You may also contact a certified lawyer referral service (LRS) for a referral to a law firm located near you. Each LRS is certified by the California State Bar and can be identified by their State Bar certification number or mark in all advertising. An LRS can refer you to a lawyer in your area who handles the type of legal issue you need assistance with. An LRS is required to suggest lawyers who are in good standing with the State Bar and hold professional liability insurance. You will not be obligated to hire the lawyer you are referred to.

You can search for reviews online once you have the name of an attorney or law firm that handles elder financial abuse cases. For example, the Yelp site once dedicated to restaurants and hotels today has reviews about lawyers and legal services among its many topics. But unfortunately, you have to consider the authenticity of online reviews and take some with a grain of salt.

YouTube has become a popular marketing tool for many law firms that post videos, which advertise the firm and explain some of the legal issues the firm handles. This is one way to learn a little about a lawyer’s tone and personality and potentially answer some general questions about elder financial abuse, estates, wills.

How to Find a Good Elder Law Attorney

Albertson & Davidson serves legal beneficiaries and others who find themselves in financial battles over trusts, wills, and matters of probate – proving the legal authenticity of a will or similar documents – in California. Our legal team includes seven estate attorneys who have extensive courtroom experience successfully litigating complex and often emotionally charged issues surrounding the transfer of estate assets, including cases growing out of the financial abuse of an elder.

Our firm assists clients throughout the state of California from offices in Los Angeles, San Diego County, Orange County, and Silicon Valley. We offer free consultations. If we can’t take your case, we will refer you to a trusted colleague who can.

Whether you select Albertson & Davidson or another attorney to assist you with an elder financial abuse problem, you need a lawyer who:

• Takes the time to listen and understand your situation and family dynamic
• Communicates with you clearly to explain what services they can provide and what you should expect if you move forward with your case
• Has experience with high-stakes litigation regarding the disposition of estate assets as well as with the several forms and impact of elder abuse
• Has experience with the local superior or probate court your case will be heard in.

You should prepare a written summary of your case and your needs. If you can, meet with a few lawyers and present the same situation to each. Ask them questions, including what they would need from you to help you such as what types of documents and what your next step should be. Take notes to help you remember what each lawyer said.

Then, you can compare their responses. Ask yourself:

• Were they polite and professional?
• Did they take time to explain issues and concepts and make sure you understand?
• Were they receptive and responsive to your questions?
• Would you feel comfortable and confident working with them and following their guidance?
• Would you feel comfortable being with them if you become emotionally upset?

Contact Albertson & Davidson About Elder Financial Abuse

Call for a free, no-obligation legal consultation with an elder financial abuse lawyer at Albertson & Davidson. We can review the elder financial abuse issues that you are dealing with and tell you how we may help. Our in-depth knowledge of trusts, wills, and other probate matters makes us powerful adversaries when identifying and proving that elder financial abuse has corrupted the legal transfer of a California estate.

Our litigation team has the necessary experience, dedication, and resources to handle all matters up to and through trial to achieve your desired result. We pride ourselves on being ready to tackle the toughest cases and make things right. We Stand. We Fight. We Win.

Albertson & Davidson, LLP can advise you of your options and zealously represent you in court if your inheritance has been jeopardized by an elderly family member of yours having been taken advantage of financially. Please call us at (855) 928-0542 or reach out online today to meet at one of our five California offices.