WT Wins: Weintraub Awarded $1.5M Judgment in Elder Abuse Litigation

Danielle Diebert obtained a judgment of approximately $1.5 million at trial on behalf of our client as conservator of the estate. The court determined that the conservatee’s son had misappropriated assets belonging to the conservatee, including her real properties, in bad faith and through the commission of elder financial abuse.  As a result of the action, the conservator of the estate was able to recover the conservatee’s real properties, and the court awarded damages to the conservator pursuant to Probate Code Section 859.

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Bringing Down the Hammer – California Appellate Court Upholds $1,000 Per Day Sanction For Failure To Timely File Accounting

by Carlena L. Tapella
The Trusts & Estates Law Blog

As trusts and estates litigation counsel, we often have matters where a fiduciary, either as a trustee, conservator, personal representative, or agent under a power of attorney, fails to provide financial information when properly requested, or to provide an accounting if one is required under law.  The result is that the person seeking the accounting may be left with no alternative but to file a petition with the court for an order compelling the fiduciary to submit an accounting,

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Dead Men Tell No Tales and Other Issues with Contracts to Make a Will

by Danielle F. Diebert
The Trusts & Estates Law Blog

First, what is a contract to make a will?

A contract to make a will is exactly as it sounds.  It is an agreement to provide for a person as part of a decedent’s will.  The terms of the agreement could be as simple as a promise to provide services in exchange for a specific cash gift as part of a decedent’s will.  For example, Elizabeth may promise to provide caregiving and household services to William in exchange for William’s promise to provide her with $250,000 upon his death. 

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