Our next video features Stewart R. Albertson discusses the finer points of Financial Elder Abuse in California Trust and Will litigation cases.

To our email subscribers: click on the title link to view the video on our website.

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

It doesn’t happen often, but the existence of fraud can cause a Will to be invalid. Fraud is simply a lie (called a misstatement of a material fact in legal parlance).  Thus, if someone lies to a person creating a Will (called the testator) and that lie causes a different disposition under the Will than