Legal Definition
If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to a conservatee, a minor, an elder, a dependent adult, a trust, or the estate of a decedent, or has taken, concealed, or disposed of the property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action under this part. In addition, except as otherwise required by law, including Section 15657.5 of the Welfare and Institutions Code, the person may, in the court’s discretion, be liable for reasonable attorney’s fees and costs. The remedies provided in this section shall be in addition to any other remedies available in law to a person authorized to bring an action pursuant to this part.
Basic Definition
Section 859: This section of the California Probate Code establishes that if a person wrongfully takes, conceals, or disposes of property belonging to a conservatee, minor, elder, dependent adult, trust, or decedent’s estate in bad faith, through undue influence in bad faith, or through financial elder or dependent adult abuse, they may be held liable for damages equal to twice the value of the recovered property.
In-Depth Overview and Use Cases
Section 859 imposes strict penalties for bad faith actions related to wrongful taking, concealing, or disposing of property belonging to protected individuals or entities. This includes instances of financial elder abuse as defined in the Welfare and Institutions Code. The remedies outlined in this section are designed to deter fraudulent behavior and compensate for potential losses. Use Cases: In probate litigation, Section 859 is often invoked in cases where an individual is accused of exploiting an elder or dependent adult through undue influence to gain control of assets. For example, this section may be cited when a family member coerces an elderly relative into changing their estate plan or transferring property under false pretenses.
Application & Relevance
For probate litigation attorneys, Section 859 is a critical tool to address financial exploitation and safeguard the integrity of the estate. Attorneys use this section to recover assets for the rightful beneficiaries and to seek additional damages to penalize egregious misconduct. It also serves as a foundation for requesting attorney’s fees and costs, enhancing the recovery for affected parties.
Legal Scenario
Trust Litigation
Probate Code Impact
Section 859 addresses wrongful taking, concealing, or disposing of property belonging to a conservatee, minor, elder, dependent adult, trust, or decedent’s estate. If bad faith, undue influence, or elder/dependent adult abuse is involved, the wrongdoer may be liable for twice the property’s value and attorney’s fees. This impacts trust litigation by providing remedies for property misappropriation and deterring exploitation of vulnerable parties.
Legal Scenario
Financial Elder Abuse
Probate Code Impact
In financial elder abuse cases, Section 859 enables the court to penalize individuals who wrongfully take or conceal property through bad faith, undue influence in bad faith, or elder/dependent adult abuse. It applies to property belonging to an elder or dependent adult and provides the opportunity for recovery of attorney’s fees, offering a deterrent to financial exploitation.
