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Santa Clarita and Ventura's Trust Litigation, Will Contest & Financial Elder Abuse Attorneys
It is always best to remain out of court and settle conflicts in the most expeditious manner possible. Sometimes that is hard for Trustees to do when beneficiaries are unnecessarily unreasonable and demanding (conversely, at times Trustees are not acting appropriately and we help beneficiaries in these unfortunate situations). Indeed, Trustees are commonly asked to do things that don't make a lot of sense and/or might even be impossible. This creates a stressful situation which requires finesse and experience to navigate. We pride ourselves on skillfully resolving these potentially explosive situations, saving our clients huge expense, stress and delays. Unfortunately though, despite our best efforts, at times staying out of court is just not possible, especially when dealing with bad actors.
Santa Clarita & Ventura Trust Litigation Attorneys
It is disappointing, but often true, that the chosen trusted Trustee is uncooperative, fails to communicate or act, or worse, just straight up breaches the terms of the Trust and/or even engages in theft. As a beneficiary of the Trust, you are entitled to an accounting of trust assets and if necessary, you can force the Trustee to comply with the terms of the Trust. If a Trustee of a Trust which involves you is breaching their fiduciary duty, we can help you to remove that Trustee as well as force them to reimburse the trust for their misdeeds – and, if necessary to make you whole, persuade a judge to surcharge their part of the inheritance in accordance with the amount lost or mismanaged.
Santa Clarita & Ventura Will Contest Attorneys
Wills and Trusts are meant to provide an orderly way to transfer assets, usually from one generation to the next. But what are beneficiaries supposed to do when that process has failed? Sometimes a problem arises, for instance, when there has been undue influence which results in one person being favored over other long standing beneficiaries. Other times, a parent lacks capacity to sign legal documents in the first place, but somehow a new Will or Trust magically shows up after a parent passes away which wipes out established beneficiaries in favor of a bad actor. If this has happened to you, please schedule an appointment with us to discuss your case.
Santa Clarita & Ventura Financial Elder Abuse Attorneys
Unfortunately, financial elder abuse is on the rise and abusers tend to be those that seniors least expect. For example, we've handled cases where seniors were abused by family members, friends, caregivers, and even financial advisors. Oftentimes, seniors have a hard time admitting to themselves that the abuse has occurred (or is in the process of occurring), which makes it even harder to resist or combat. But there is help available to those who seek it.
In fact, in an effort to curb the abuse, California law offers extraordinary relief to victims of financial elder abuse. Under California's Elder Abuse and Dependent Adult Civil Protection Act, there are specific remedies to victims of financial elder abuse. This law not only entitles a senior to bring claims to recover and recoup assets that were wrongly taken from him or her, but also, in certain situations, entitles a senior to recover additional amounts from the perpetrator. Depending upon the facts and circumstances of the particular case, a senior may recover up to three times their actual damages, as well as punitive damages and attorney’s fees.
But time is of the essence in these cases. That is, we need to take action as soon as possible, while a senior’s assets are still recoverable. The longer a person waits to contact our firm regarding a financial elder abuse case, the longer the elder abuser has to spend, transfer, and/or hide assets they improperly obtained from the elder.
At Kaiden Elder Law Group, PC, we have helped countless seniors fight against and recover from abusers, helped beneficiaries contest a Will or Trust obtained as a result of fraud, undue influence, duress, or financial elder abuse, and have helped Trustees faithfully carry out their duties as Trustee of a Trust even when they are forced to deal with unreasonable beneficiaries. But more than all of that, we apply energy, enthusiasm, creativity, and caring to successfully handle our clients disputes. Simply put, we care about our clients and we want the best for them. To discuss the facts and circumstances particular to your case, please contact us for a confidential consultation.
Here at Kaiden Elder Law Group, PC, we specialize in Los Angeles & Ventura County Probate Disputes, Will & Trust Contests, Trustee Litigation, and Financial Elder Abuse Cases. If you need a zealous advocate for a Probate and Trust Litigation matter, please do not hesitate to contact us for a consultation.