Financial elder abuse is one of the fastest-growing areas of law, affecting one of the most vulnerable sectors of our society. We have successfully prosecuted and defended hundreds of financial elder abuse cases. We can help you address any wrongdoing or clear the air of misconceptions.
There are few probate and trust situations as emotional as Financial Elder Abuse. Adding money, inheritance, and other assets to an abuse situation can become overwhelming for victims and families. At RMO Lawyers, we protect clients faced with difficult elder financial abuse situations every day. Here’s a guide.
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We investigate initial facts and develop a deep understanding of the people, documents, and events.
We analyze the law and apply what we learned from our initial fact investigation to the law to guide case strategy.
We advise you of our initial impressions and recommend and employ strategies aimed at achieving your goals.
We constantly evaluate case developments and update you to further fine-tune strategies and maximize resources.
We execute on agreed upon strategies efficiently, to maximize your return.
We secure better results sooner for less legal spend, ending your dispute, which allows you to move on with your life.
We investigate initial facts and develop a deep understanding of the people, documents, and events.
We analyze the law and apply what we learned from our initial fact investigation to the law to guide case strategy.
We advise you of our initial impressions and recommend and employ strategies aimed at achieving your goals.
We constantly evaluate case developments and update you to further fine-tune strategies and maximize resources.
We execute on agreed upon strategies efficiently, to maximize your return.
We secure better results sooner for less legal spend, ending your dispute, which allows you to move on with your life.
A financial elder abuse attorney plays an important role in supporting elders in litigation to pursue justice for the wrongdoing they experience. The litigation process includes the following steps.
Probate begins when a petition to open probate is filed with the Superior Court in the county where the deceased person resided. Once the petition has been received, the court will set a hearing date. All interested persons (the personal representative, heirs, beneficiaries named in the will, and creditors) will receive notice of the date and time of the hearing.
At the first hearing, the court will appoint the estate’s personal representative, unless their appointment is contested. If the deceased person left a will that identified a specific person as their executor, the court must approve and finalize the appointment. If the court does not approve or if the individual does not want to serve as the executor, the court may need to appoint someone else. Once a personal representative is accepted, the court will issue Letters Testamentary, which is a legal document that allows the executor to access estate assets and otherwise administer the estate.
After the personal representative receives Letters Testamentary, they are responsible for collecting all of the deceased personal assets that are subject to probate. The executor will then be required to submit an inventory of the estate property to the court.
Once the assets have been inventoried, the personal representative must provide notice of the death to all of the deceased’s creditors. Creditors with outstanding debts can submit claims and receive payment from the inventoried assets. Under California law, creditors must submit claims within four months of the executor’s appointment.
The personal representative must also ensure that state and federal estate taxes are paid before distributing any assets to heirs.
After the personal representative has completed all of their responsibilities, they will file a Petition for Final Distribution with the court, which will require a later hearing to be held. At this hearing, the personal representative will provide a detailed accounting regarding the use of estate assets. The judge will review this information to ensure all of the legal requirements were met. Once the judge determines that the estate has been appropriately administered, they will sign the Petition for Final Distribution and close the estate.
Cases of financial elder abuse can include several interested parties, from trustees and administrators to spouses. With the complexities of financial elder abuse and the risks involved, several parties can benefit from the support of a financial elder abuse attorney in the process.
Financial elder abuse can be perpetrated by a number of individuals. Common perpetrators include:
There are many signs of financial elder abuse, and it’s crucial to spot them to protect vulnerable seniors. Here are some common signs:
If you notice any of these signs or suspect financial elder abuse, it’s essential to take action by reporting your concerns to the appropriate authorities.
How you should handle financial elder abuse depends on your unique situation, factoring in who is perpetrating the abuse, the extent of the abuse, and your desired outcome. You can report the abuse to authorities, knowing that law enforcement and/or adult protective agencies may step in. Alternatively, you can contact a financial elder abuse attorney if you desire the situation to be handled more discreetly.
If you believe your loved one lacks the mental capacity to manage their own finances and they are at risk of financial elder abuse, you may want to consider legal tools to protect them. Depending on the situation and the extent of the elder’s incapacity, it may be necessary to pursue legal interventions to protect their interests.
These interventions could involve establishing a guardianship or conservatorship, appointing a trusted individual to make financial decisions on their behalf, or creating advance directives such as a power of attorney or living trust. An experienced attorney can help you navigate these options and help determine what’s best for your loved one.
RMO, LLP Trust litigation attorneys and probate lawyers. We protect people like you, Every day.
The information provided on our website and in our videos are for general informational purposes only
and does not, and is not intended to, constitute legal advice. You should consult an attorney for advice
about your specific legal matter.