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Real Estate Litigation

Wednesday, September 18, 2013

California Probate Code and Prevention of Financial Elder Abuse

Did you know that California law provides special rights and damages for elders who are taken advantage of financially---even when the person taking advantage is a direct family member, a close friend or a physical caretaker?  Subject to the facts of each case, including the status of the person taking advantage, the alleged perpetrator may have to prove by clear and convincing evidence that no fraud or undue influence was involved in the new gift or testamentary instrument.
 
Financial elder abuse cases often arise in the context of wills, trusts and other testamentary or contractual documents in which an elder is forced, manipulated or tricked into signing something extraneous to his or her formal estate plan. Many California elder abuse cases involve  "quit-claim deeds" for the transfer of real property, totten bank trusts, "pay-on-death" accounts and other suspicious bank/financial accounts which are set up or executed during the elder's later years and which are foreign or contradictory to the testamentary intentions the elder has always expressed.


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Jeffrey Allen Trust & Probate Litigation assists clients throughout Sonoma County, Napa County, Marin County, and Mendocino County including Santa Rosa, Petaluma, Windsor, Sebastopol, Healdsburg, San Rafael, Novato, Ukiah, Sonoma, and Napa.



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