CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Abuse & Fraud

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Who’s Pulling Your Strings? The Warning Signs of Undue Influence

Posted in Abuse & Fraud, Beneficiary, Capacity & Undue Influence, Elder Abuse, Fraud, Lack of Capacity, Litigation, Trust Contests, Uncategorized, Undue Influence, Will Contests
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE Hi, this is Keith Davidson with Albertson & Davidson. In this video, I want to talk about some of the warning signs that you should be aware of to clue you in that undue influence might be taking place with one of… Continue Reading

Up to the Challenge? Can I Contest A Will On My Own In California Or Do I Have To Have A Lawyer?

Posted in Abuse & Fraud, Beneficiary's Corner, Capacity & Undue Influence, Litigation, Trust & Will Contests, Trust Contests, Trusts, Videos, Will Contests
THE FOLLOWING IN A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE Hi, this is Stewart Albertson with Albertson and Davidson and we get this question every now and then, and the question is: Do I really need to hire a lawyer for my trust contest or will contest or can I do it… Continue Reading

Gifting Styles of the Rich and Famous: How California Financial Elder Abuse claims arise in mysterious ways!

Posted in Abuse & Fraud, Elder Abuse
Can I give you a gift and then sue to get it back? That’s the scenario Chapman University (located in Orange, California) faced earlier this year when a leading philanthropist (and all-around rich guy) Mr. James Emmi pledged $12 million to Chapman University…and then changed his mind about it. Or did he? According to a… Continue Reading

Must a California Trustee Report Financial Elder Abuse?

Posted in Abuse & Fraud, Elder Abuse, Videos
  There are certain categories of people who are required by law to report any suspected elder abuse. That includes both physical elder abuse, and financial elder abuse. Under California Welfare and Institutions Code section 15630, any private or public facility that takes on the care and custody (meaning housing) of an elder (elder is… Continue Reading

Constructive Trust Actions: Rounding Up Wrongfully Taken Assets

Posted in Elder Abuse
My friend and colleague, Michael Hackard, with Hackard Law in Sacramento, California, approached me the other day with an intriguing and much overlooked concept to recapture lost assets from an elder abuser: “constructive trusts.”  Our discussion lead to the following article that we co-drafted on the issue of constructive trusts.  THE PROBLEM: FINANCIAL ABUSE OF… Continue Reading

Alleged Financial Elder Abuser Must Face the Music: Los Angeles County Superior Court Keeps Lawsuit Alive

Posted in Elder Abuse
Trust and Will lawsuits often provide different paths to the same destination. My client, a trust beneficiary, recently filed a lawsuit against a trustee of a California trust for financial elder abuse, and at the same time sued for undue influence to set aside the Trust amendment created at the hands of the Trustee/Abuser. In… Continue Reading
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