What is the difference between trust litigation and financial elder abuse litigation?

 

A: Generally, from a beneficiary's perspective, the difference between trust litigation and financial elder abuse litigation is when the money or property was wrongfully taken.  Financial elder abuse occurs when the person who was leaving property to you (for example your  mother or father) has that property taken from them while they are alive.  Usually this happens when someone close to them has them transfer title to real estate, or uses a durable power of attorney or trust to make a "gift" of property.

Trust litigation usually involves events after your loved one's death.  An important exception is when the trust litigation is to set aside a trust or will.  By definition, the trust or will had to be created during your loved one's life.  Otherwise the trust litigation is nearly always because the trustee won't provide a copy of the trust, won't provide a trust account, or won't distribute trust property.

The Grossman Law Firm, A.P.C. are Riverside, California probate lawyers.  We help probate estates in Riverside County, California.  We appear in the Riverside probate court for cases in the area bounded by Temecula, Corona, and Banning, California.  We appear in the Palm Springs/Indio probate court for cases from Palm Springs, Palm Desert, Rancho Mirage, Desert Hot Springs, Cathedral City, Indian Wells, and Indio, California.  If you  would like more information on probate and trust administration then order our free book The Insider's Guide to California Probate and Trust Administration as well as our free DVD Probate a Will or Administer a Trust After the Death of a Loved One.