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Wills Elder Abuse Beneficiaries

Patton Sullivan Brodehl LLP

Prior Uncharged Bad Acts Are Admissible In Elder Abuse Lawsuit

Every legal dispute confronts the rules of evidence. Can a person’s past, specifically uncharged bad acts, be used as evidence in elder abuse lawsuits? A recent court ruling addressed this very question. The case stands out...more

Winstead PC

The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery - Presentation

Winstead PC on

David F. Johnson participated in a panel presentation entitled “The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery?” for the Offshore Alert Miami Conference on April...more

Downey Brand LLP

Should “Dutiful Children” and “Dutiful Spouses” Be Exempt from the Undue Influence Presumption?

Downey Brand LLP on

California trust and estate disputes often feature claims by one sibling that another gained a larger share by unduly influencing a parent. When there are factors suggesting undue influence, who should bear the burden of...more

Downey Brand LLP

California Legislature Cracks Down on Caregivers Who Marry Dependent Adults

Downey Brand LLP on

Many California financial elder abuse cases we see involve caregivers. While the vast majority are honest, a caregiver who spends many hours alone with a vulnerable client has a unique opportunity to exploit the situation. A...more

Downey Brand LLP

Free Rider No More — When Can a California Trust Beneficiary Shift Legal Fees to Other Beneficiaries?

Downey Brand LLP on

American courts (including our California state courts), in contrast to courts in England, do not typically award attorneys’ fees to a lawsuit’s “victor.” There are, of course, exceptions to this so-called “American Rule.”...more

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