Category: Financial Elder Abuse

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Courts Should Read Elder Abuse Act Broadly to Stop Wrongdoers

California’s Elder Abuse and Dependent Adult Civil Protection Act is elastic enough to encompass claims arising from sharp insurance sales practices, even when elders do not pay anything directly to the agents.  So concluded the First District Court of Appeal earlier this month in Mahan v. Charles W. Chan Insurance Agency, Inc. (2017) 12 Cal.App.5th … Continue Reading

Standing Up to Your Siblings: Who Can Bring a Financial Elder Abuse Claim?

While financial elder abuse is a serious problem in California, not just anyone can sue to protect an abused elder.  This is especially true if the elder does not want to bring suit in the first place.  On April 19, 2017, the California Court of Appeal reinforced an important issue related to standing to bring … Continue Reading

Sacramento Financial Elder Abuse – Next Steps for Victims and Their Advocates

Elder financial abuse is all too common in Sacramento County and elsewhere.  The abuser, often a family member or caregiver, drains away the resources of an elder or dependent adult who cannot work to replenish them.  By the time the theft is discovered, the money may be long gone and the victim may be saddled … Continue Reading

Are California Trusts that Favor Spouses Presumptively Invalid?

When Wife works with her Sacramento estate planning lawyer to favor her Husband over her children from a prior marriage in her trust, does California law presume that Husband exerted undue influence over the Wife to gain a benefit?  Until 2014, most California trust and estate lawyers would answer that question in the negative.  Favoring … Continue Reading

It’s Rigged: How Our California Trust and Estate Litigation Blog Was Dragged into Election 2016

As a trust litigation attorney in Sacramento, I seldom see overlap between bare knuckle political campaigns and family inheritance disputes. So, on the eve of a big election, it seems fitting to report on a new case that bridges political and family conflicts.… Continue Reading

When Does Bad Behavior in Trust and Estate Disputes Become Criminal?

Many trust and estate disputes in Sacramento County Superior Court and elsewhere involve financial elder abuse. Concerned family members may sue the wrongdoer in civil court to recover monetary damages. But what about criminal penalties? When does the “bad guy” (or gal) end up in jail? While many of my clients are rightfully outraged about … Continue Reading
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