Communities across California overwhelmingly
support programs to prevent financial elder abuse and to punish those responsible for
this offense. California law provides clear civil and criminal
remedies to enforce the rule that elder financial abusers must be held accountable for all the
harms and losses that they cause. In estate, trust and probate litigation, that
means that predators can be made to pay for their wrongdoing in civil court. Elder financial abuse cases invariably involve
lying. Lying destroys trust – trust that is essential
to the safety of our neighborhoods and communities, including family estates and trusts. Sometimes bad trustees, caretakers, family
members or others in positions of authority lie to defraud elders of their property and
assets. Common among the lies are promises of extraordinary
investment returns, protection against other relatives, commitment to lifetime caring,
and induced paranoia of the motives of longtime friends and family members. While the death of an elder removes the main
witness to an abuser’s lie, there are many other “witnesses.” Bank accounts, the testimony of neighbors,
friends and family members, and the discovery of hidden documents shed light on the elder
abuser’s deceptions. The family victims of elder abusers move from
disbelief to outrage in their discovery of financial elder abuse and the looting of an
estate. This outrage is fueled by the lies of the
wrongdoers. Estate, trust and probate litigation against
financial elder abusers is focused. Claims for the victim’s harms and losses include
the value of what was taken, attorneys’ fees, and punitive damages to punish past misconduct
and to deter future misconduct. If we’re dealing with a bad trustee, we’ll
seek their immediate removal. Trial of these cases is often focused on the
deception – we “try the lie.” Perpetrators of elder financial abuse spin
stories rife with lies – lies often transparent, easily disproven and ultimately providing
cause to impose significant damages against the abuser. If you have discovered a case of elder financial
abuse that threatens your family’s estate or trust, call us at Hackard Law. We protect client interests throughout California
– from Sacramento, San Francisco, Alameda and Contra Costa to Los Angeles and San Diego. Our number is 916-313-3030. We look forward to speaking with you. Thank you.