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
The growing area of California Financial Abuse; a lot can be learned from real life examples. In this video we describe California Financial Elder Abuse.
Financial elder abuse in California is become more commonplace with our aging population. In California, there are laws that are meant to protect the physical and financial well being of seniors. In this video, Stewart Albertson discusses the four basic facts required under California law to bring a financial elder abuse claim.
When you bring a Will or Trust contest the facts you use to overturn an unfair Will or Trust may also apply to support a Financial Elder Abuse claim. It is important to know how to use a Financial Elder Abuse claim properly.
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Casey Kasem died June 15th, and now his daughter claims that Mr. Kasem’s body is missing (as reported by Jane Caffrey with CNN). Kasem’s daughters and his wife (Jean Kasem) were engaged in a contentious battle over control of Kasem prior to his death. Now that Kasem has passed, Jean Kasem has
Our next video features Stewart R. Albertson discusses the finer points of Financial Elder Abuse in California Trust and Will litigation cases.
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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
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
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