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

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 litigation 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.

Beneficiary (noun):

A person who benefits from a trust, will, or life insurance policy. This includes heir, heiress, inheritor, legatee; recipient, receiver, payee, donee, assignee; devisee, grantee.

Estate (noun):

An estate includes the things that a person owns. The things left by someone who has died can be distributed based on a Will, Trust, or Intestate laws. Estates have to be administered in the Probate Court if the estate meets certain criteria. See our Infographic on The Probate Process.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.