Recent Posts in Elder Abuse Category
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Posted on May 24, 2013 By Law Offices of David A. Shapiro
There are instances when a will has been revised to change the distribution of assets amongst beneficiaries. Some of these wills may have a no-contest clause that would prevent anyone from contesting ...
Continue reading "In California, Beneficiary Can't Sue for Tort of Interference with an Expected Inheritance to Undermine a Will's No-Contest Clause" »
Posted on May 10, 2013 By Law Offices of David A. Shapiro
To continue our blog on Knox v. Dean (205 Cal.App.4 th 417 (2012)), Donna (successor conservator, plaintiff, cross-defendant and appellant) appealed the trial court's decision granting Dean's ...
Continue reading "Part II - Res Judicata Bars Financial Elder Abuse Claims On Court Approved Accountings" »
Posted on Apr 26, 2013 By Law Offices of David A. Shapiro
In 2003, Lawrence Dean (defendant, cross-complainant and respondent) was designated as the conservator over Blaine Knox's person and estate. Blaine's estate had principal assets consisting of ...
Continue reading "Res Judicata Bars Financial Elder Abuse Claims On Court Approved Accountings" »
Posted on Apr 19, 2013 By Law Offices of David A. Shapiro
In continuation with our blog on the Estate of Dito, Barbara appealed the trial court ruling stating that the alleged elder abuse is not barred by the doctrine of res judicata. The Court of Appeal ...
Continue reading "Part II - There Is No Res Judicata Against Subsequent Claims That Are Premised On The Same "Primary Rights"" »
Posted on Apr 15, 2013 By Law Offices of David A. Shapiro
The doctrine of res judicata is the principle that a matter or action may not, generally be relitigated or raised again once a valid final judgment has been handed down in a lawsuit. Accordingly, ...
Continue reading "There is No Res Judicata Against Subsequent Claims That Are Not Premised on the Same "Primary Rights"" »
Posted on Dec 13, 2012 By Law Offices of David A. Shapiro
To continue our blog on Richard Pryor's estate in Estate of Pryor (2009) 177Cal.App.4 th 1466, the Second District Court of Appeal affirmed the trial court's decision of sustaining the ...
Continue reading "Part II: Comedian Richard Pryor and His Last Act" »
Posted on Dec 11, 2012 By Law Offices of David A. Shapiro
Richard Pryor's kids probably did not think the comedian was being funny when he secretly re-married his care custodian in his later years; and consequently, revised his estate plan to leave ...
Continue reading "Comedian Richard Pryor and His Last Act" »
Posted on Nov 15, 2012 By Law Offices of David A. Shapiro
An interested person's standing to bring an elder-abuse claim is deliberated in Lickter v. Lickter (2010) 189 Cal.App.4 th 712. The case concerned two grandsons (Joshua and Jezra) who sued their ...
Continue reading "Part III: Parties with No Financial Interest Lack Standing to Pursue Elder Abuse Action" »
Posted on Nov 14, 2012 By Law Offices of David A. Shapiro
As discussed previously, not everyone has standing to bring a claim against abusers in an elder-abuse action. The provisions contained in the Welfare and Institutions Code section 15657.3(d) and ...
Continue reading "Part II: Parties with No Financial Interest Lack Standing to Pursue Elder Abuse Action" »
Posted on Nov 13, 2012 By Law Offices of David A. Shapiro
The number of elderly in California is expected to increase rapidly from 2010 to 2030, as the large baby boom generations reach old age. With the increase in the aging population, there has also been ...
Continue reading "Parties with No Financial Interest Lack Standing to Pursue Elder Abuse Action" »
Posted on Aug 26, 2012 By Los Angeles Estate Planning Attorney
It's always a sad story when the people that hurt or take advantage of you are those very people that you turn to for help. And I can't imagine how painful it must be when that abuse comes ...
Continue reading "Los Angeles Priest Accused of Financial Elder Abuse" »
Posted on Jul 17, 2012 By Los Angeles Estate Planning Attorney
This week a new act called the Guardian Accountability and Senior Protection Act was approved by the Senate Judiciary Committee. The act was sponsored by Minnesota Sen. Amy Klobuchar and it's ...
Continue reading "Guardian Accountability and Senior Protection Act Approved" »
Posted on Jul 2, 2012 By Los Angeles Estate Planning Attorney
In response to inquiries over the alarming rise in fees being charged for court appointed trustees and conservators, Santa Clara County judges have made a vow to make changes within the coming weeks. ...
Continue reading "Santa Clara Judges To Look At Excessive Fees" »
Posted on Jun 25, 2012 By Los Angeles Estate Planning Attorney
Judge Paul David Seeman, of Alameda County Superior Court, has been arrested and charged in connection with the theft of at least $1.6 million for his elderly neighbor. This theft is alleged to have ...
Continue reading "Alameda County Judge Arrested for Possible Elder Financial Abuse" »
Posted on Jun 2, 2012 By Los Angeles Estate Planning Attorney
With June being Elder Abuse Awareness month, let's take a few minutes to recognize that elder abuse continues to remain a serious problem in this and other countries. Unfortunately, we see time ...
Continue reading "Elder Abuse Month: Stay Alert" »
Posted on May 25, 2012 By Los Angeles Estate Planning Attorney
A Santa Cruz jury has found a former caretaker guilty of taking advantage of his elderly and disabled clients. In this case, Peter Reiter, was hired by Eva and James Krageness to perform landscaping ...
Continue reading "Santa Cruz Elder Abuse" »
Posted on Apr 29, 2012 By Los Angeles Estate Planning Attorney
I don't have to tell you that when you have an elderly person with possible dementia combined with a lot of cash; the situation is a perfect storm for elderly financial abuse. Earlier this month ...
Continue reading "LA Heiress' Trustee Under Investigation" »
Posted on Apr 18, 2012 By Los Angeles Estate Planning Attorney
I'm happy to report that there is some good news coming out of Colorado in regards to legislation dealing with elder abuse. On March 27th, 2012, the Colorado Senate approved Senate Bill 78. This ...
Continue reading "Elder Abuse Bill Passed by Colorado Senate" »
Posted on Nov 9, 2011 By Los Angeles Estate Planning Attorney
Often times we view the courts and the government as entities that are there to help us in our times of need. However, that may be a false sense of security when it comes to estate affairs. Claims of ...
Continue reading "Estate Abuses By Gov. Officials" »
Posted on Oct 19, 2011 By Los Angeles Estate Planning Attorney
With the many budget constraints on the State of California at the moment, there are also many concerns about being able to report crimes, like elder abuse, in a timely manner. Thankfully, a new law ...
Continue reading "Online Reporting for Elder Abuse - Coming Soon!" »
Posted on Aug 2, 2011 By Los Angeles Estate Planning Attorney
Famed Hollywood icon, Mickey Rooney, testified a few months ago before a Special Senate Committee on Aging regarding his experience with elder abuse. Like so many other elder abuse cases, Mr. Rooney ...
Continue reading "Mickey Rooney - Elder Abuse Awareness" »
Posted on Jun 15, 2011 By Los Angeles Estate Planning Attorney
World Elder Abuse Awareness Day is acknowledged today on Wednesday June 15, 2011. And it is recognized that abuse of the elderly is not only a current problem, but unfortunately, a growing one. In ...
Continue reading "World Elder Abuse Awareness Day" »
Posted on Oct 20, 2010 By Los Angeles Estate Planning Attorney
You may locate a company that is willing to charge a cheap rate to draft your will. Certain organizations even offer free drafting of wills as part of non-profit services. While some of these events ...
Continue reading "Who did YOU hire to draft your Will?" »
Posted on Oct 8, 2010 By Renee Linares
When drafting an estate plan you must consider many factors, including who drafts your will and/or trust. Certainly you should look for a qualified attorney. If you have concerns about how a trust was ...
Continue reading "Trust Drafting and Conflict of Interests" »
Posted on Aug 12, 2010 By Los Angeles Estate Planning Attorney
Maybe you have heard of "trust mills" in the news. These companies often masquerade as presenting estate planning services to clients at low costs. Often times they take advantage of elderly people ...
Continue reading "Trust Mills: Have you been a Victim?" »
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