Whenever a family is in dispute over material objects it is emotionally difficult. Yet Elder Abuse is often committed by family members and/or by caretakers. Probate Disputes are most often between family members, though I have represented caretakers who were included in a Will or Trust, and excluded guilty parties from obtaining an inheritance from the Elder they were abusing.
Not everyone respects their elders. I have kept elderly persons in their lawfully purchased homes. Families I have represented have obtained six figure judgments for their abused elder. I have also prevented further thefts from being committed by family members by working with the families and law enforcement. I have also protected a home caretakers falsely accused of elder abuse from ex parte orders and from further litigation regarding unproven allegations.
A fantastic tool to stop Elder Abuse is to demand an immediate emergency hearing where there are grounds. This allows the Court to know the positions of the accused and the accuser(s). This tool can remove family or non-family caretakers where there is evidence of wrongdoing.
Property over the legal amount (currently $150.000) must be divided by probate when a person dies without a will or trust. This results in the Court meddling where only family should go and the unnecessary drain of the resources of the estate. This is why I prefer to handle Estate Planning before one passes. Should you find yourself needing help in such a circumstance, I can help you resolve the situation to get the Court out of your life as soon as legally possible.
Wills have very certain requirements. Regardless of your intent, if the format is incorrect, or the gifts are improperly given, the Will can be partially or totally voided. Disputes over gifts are common. Questions arise such as can a trustee in her will, provide a life estate to her current lover over trust property? The Court never got to resolve that one as the parties resolved the issue by stipulated judgment. Keep in mind if someone is omitted from a will, they will likely contest it.
What if there are multiple versions of a trust with different trustees named? Well you have to examine the legitimacy of both and fight it out in court or make an agreement as to who should be responsible for the maintenance and execution of that trust. I have been involved in cases where up to four different parties were vying for the coveted trustee position, resulting in massive family infighting. In each of those circumstances, I have been able to either build a coalition or involve a professional fiduciary to protect the estate.
When an adult loses capacity, the Court appoints a caretaker, known as a Conservator. This is a great way to stop elder abuse for an older person without their full facilities.
I can also help persons wrongfully placed under a conservatorship where there is evidence of capacity, or if the conservator needs to be changed for any reason.
Copyright © 2020 Law Office of Richard Coberly - All Rights Reserved.
(626) 339-9484 : richardcoberly@yahoo.com