People that have substantial assets will often feel pressure to provide for their children financially. In some cases, pressure can progress into outright manipulation. Older individuals are particularly vulnerable to financial abuse, and tragically, are sometimes coerced by their children into modifying estate planning documents to preclude other beneficiaries. Elder financial abuse is unlawful, though, and parties found guilty of committing such acts may face significant penalties. For example, a California court specifically held that double damages could be imposed for the commission of elder financial abuse even absent a finding of bad faith. If you believe your loved one is a victim of elder abuse, it is in your best interest to meet with a California probate and trust lawyer to evaluate your options.
The Facts of the Case
Allegedly, the plaintiff and the defendant, who are brother and sister, each had complicated relationships with their parents. The plaintiff relied on his parents for financial support throughout his adult life, at one point borrowing $75,000 from them. The defendant was estranged from her parents for a long time because they could not accept her sexuality. Thus, she was largely precluded from recovering benefits from the trust the parents established.
It is reported that the mother passed away, and the defendant and her father reconciled. The father then amended the trust so that the estate would be divided equally between the plaintiff and the defendant. The plaintiff then saw an email the defendant had written accusing him of elder financial abuse. He subsequently made his father execute a statement denying the abuse. The father died a few weeks later. Shortly before his death, he transferred thousands of stock shares and the deed to his property to his son. Continue Reading ›