TRUST LITIGATION AND FINANCIAL ELDER ABUSE
No matter how well and estate plan is originally drafted, there is always a risk that beneficiaries will exert undue influence over elderly individuals as their mental abilities begin to deteriorate. Isolation of the elder individual coupled with a vilifying of other beneficiaries are the first signs of undue influence. This can result in the outright theft of assets as well as changes trust provisions that disinherit other beneficiaries. Once control of the estate is achieved, oftentimes the elder individual is physically abused through neglect and inadequate medical and nursing care, hastening their demise.
There are significant penalties for elder abuse in California. In certain cases triple damages as well as punitive damages are available. Although Trust litigation is generally handled by the Probate Courts in California, one can bring a case for Elder abuse in the California Superior Courts and request that the case be heard by a jury. It is my experience that, oftentimes, the emotional distress experienced by family caused by the abusing family member will be better understood by a jury with a commensurate increase in financial awards for economic damages, pain and suffering, and punitive damages.
This is specialized litigation. As the age of Americans increases, so as the potential for abuse. I’ve acquired substantial experience in this area in the last 10 years. I can get justice for you and your loved ones as well as preserve the integrity of the financial estate plan put in place by your parents. Call our firm at (949) 499-1975 to discuss your issues. There is no fee for the initial consultation
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