Table of Contents
Key Takeaways
- Financial elder abuse happens when someone takes or controls an older person’s money or property while that person is still living, and does so without a valid reason.
- Most of the time, the person responsible is someone the elder trusted, like a family member, caregiver, or close friend.
- When financial elder abuse happens, it can take away the inheritance your loved one meant for you to receive.
- Attorney Scott Grossman represents beneficiaries and heirs throughout California in financial elder abuse and trust litigation matters.
What Is Financial Elder Abuse?
Financial elder abuse means someone takes, hides, or uses an older person’s money or property for themselves, instead of for the elder’s benefit.
Often, the person who commits financial elder abuse is someone the elder trusted. This could be a family member, a caregiver, a friend, or someone else who had access to their finances.
Some common ways this happens include convincing an elder to sign over their home, taking money from their accounts without permission, or using a power of attorney to move assets. Sometimes, the abuse is slow and subtle, and families do not realize what has happened until much of the money or property is already gone.
At The Grossman Law Firm, Attorney Scott Grossman helps beneficiaries and heirs throughout California evaluate whether financial elder abuse may have affected their loved one’s estate.
Common Examples of Financial Elder Abuse
Examples of Financial Elder Abuse in California
No two cases are exactly alike, but financial elder abuse typically looks like one of these situations:
- Transferring real estate into someone else’s name
- Using a power of attorney for personal gain
- Taking money from a bank or investment accounts
- Convincing an elder to make large gifts they never intended
- Pressuring an elder to sign legal documents they do not fully understand
These actions can significantly reduce the assets that would have otherwise passed to beneficiaries and heirs.
How Financial Elder Abuse Differs From Trust Litigation
When Both Claims May Apply
The biggest difference is when the wrongful conduct occurred.
Financial elder abuse generally involves money or property taken while the elder was still alive.
Trust litigation, on the other hand, usually involves disputes that arise after someone passes away. Common trust litigation issues include a trustee refusing to provide an accounting, delaying distributions, or breaching their fiduciary duties.
In some situations, both types of claims may apply. For example, someone may improperly obtain property from an elder during their lifetime and later become the trustee responsible for administering the trust after the elder’s death. An experienced probate litigation attorney can determine which legal claims may be available based on the facts.
If something about your loved one’s finances or trust administration doesn’t seem right, The Grossman Law Firm can evaluate your situation and help you understand the legal options available under California law. Contact us today to speak with one of our Intake Specialists. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
FAQ
Who can commit financial elder abuse?
Financial elder abuse is often committed by someone the elder trusted, such as a family member, caregiver, friend, or person acting under a power of attorney.
Can financial elder abuse affect an inheritance?
Yes. If assets are improperly transferred before a loved one dies, there may be fewer assets available for beneficiaries and heirs to inherit.
Is financial elder abuse the same as trust litigation?
Not always. Financial elder abuse generally occurs while the elder is alive, while trust litigation usually involves disputes that arise after death. However, some cases involve both.
Related Resources
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
If you believe a loved one’s assets were wrongfully taken before their death, Attorney Scott Grossman can evaluate your situation and determine whether financial elder abuse, trust litigation, or other legal claims may be available.
Please call us at (888) 443-6590 or fill out our Get Help Now form below to take the next step in securing your inheritance.
Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: Jun 18, 2018