ATTORNEY NEWSLETTER
Evans Law Firm Represents Victims And Families
Financial Elder Abuse And Invalid Deathbed Estate Changes
Contingent And Hourly Representations
Evans Law Firm, Inc. represents elderly victims of financial elder abuse and their families in pursuing all persons who financially exploit the elderly. During a senior’s lifetime, the abuse can be by caregivers, insurance agents, trustees, financial advisors, second spouses, stepchildren, and others. This same group of exploiters may engineer changes to a senior’s estate plan depriving children or lifelong friends of the gifts the senior really wants to leave them but, when losing cognition or dependent on others may be the subject of undue influence or fraud into changing their Wills and trusts. Sometimes, these changes are affected by instruments “signed” on a deathbed when the senior is not even aware of what they are doing. Whatever the forms of financial exploitation and whether they affect the senior while he or she is still alive or spring up only at death, Evans Law Firm is there to help victims and families set things right. Victims and families have claims under the Elder Abuse Act for any kind of financial elder abuse against those directly abusing the elder and anyone assisting them (like the lawyers who draft abusive Wills or trust amendments). Cal. Welf. & Inst. Code § 15610.30. Victims and families may collect attorneys’ fees and expenses for bringing their case. Cal. Welf. & Inst. Code § 15657.5. If you need help and live anywhere in California call us at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Examples of Trust Contest Cases and Recoveries
Evans Law Firm has represented families in all kinds of financial elder abuse cases from singles, abusive transactions like the sale to an older person of an unsuitable annuity or other investment to elaborate, fraudulent schemes attempting to take away all a senior has. We have seen cases where caregivers take over the entire financial picture of an older, dependent person and attempt to obtain their whole estate through fraudulent Wills, invalid amendments to trusts or abuse of a financial power of attorney. We have seen attorneys and others assist in these fraudulent schemes too. We have seen cases where a caregiver has so depleted all the money a senior has that the caregiver arranges for a reverse mortgage on a senior’s home to get more money. We have seen cases where new “friends” of a senior move in (sometimes, literally) on an isolated senior and exert undue influence to take their estate upon their death, depriving their loved ones of everything the senior wishes to leave them. In these kinds of cases, we have been able to have all the property restored to the family.
How Evans Law Firm Helps
Evans Law Firm takes on cases on a contingent or hourly basis. With a contingent representation, the client pays little or nothing upfront and we pursue all claims against all those responsible for the abuse and are paid a percentage of the recovery. With hourly representation, the client pays an upfront retainer amount and then is billed monthly for work performed. Fee arrangements vary from cases to case and an attorney will discuss possibilities of representation with you before presenting you with an agreement or beginning any work after the agreement is signed.
Whichever way we proceed, we will pursue all remedies available to you. Remedies may include cancellation (also known as “rescinding”) of invalid trust amendments or Wills, double damages based on what an abuser and anyone assisting him or her has taken, and attorneys’ fees. Probate Code § 859; Cal. Welf. & Inst. Code § 15657.5. If a “care custodian” (like a caregiver or someone helping a senior with finances) is the abuser double damages and attorneys’ fees are also recoverable. Probate Code § 21380(d). Remedies might also include compelling a trustee to account for trust assets and to restore to the trust any assets wrongfully taken out of it. Cal. Probate Code §§ 850 et seq. and 17200 et seq. Economic damages and punitive damages are also available to the injured party. Cal. Probate Code § 16440. Trustee misconduct may also constitute financial elder abuse and plaintiffs can pursue the remedies separately available under the California Elder Abuse and Dependent Adult Civil Protection Act, Welf. & Inst. Code § 15600 et seq., including mandatory attorneys’ fees and costs and extra damages to the injured senior or heirs in certain circumstances. Cal. Welf. & Inst. Code § 15657.5.
Contact Us
Ingrid M. Evans can be reached at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267). Ingrid will pursue all remedies available to elder and dependent adult abuse victims and their families including the recovery of attorneys’ fees and costs for bringing suit in certain circumstances. Cal. Welf. & Inst. Code § 15657.
