Practice Areas

Financial Elder Abuse

The elderly are among the most vulnerable in our society and all too often they become victims of fraud, undue influence or other abuse. At the Colton Law Group, our goal is to protect the rights, safety and dignity of older citizens by bringing to justice those responsible for their victimization.

What is Financial Elder Abuse?

Financial elder abuse occurs when a person or entity takes, secrets, appropriates or retains (or conspires in the process) real or personal property of an elder to a wrongful use with the intent to defraud, or both. Calif. Welfare & Instit. Code §15610.30. Financial elder abuse can also be a criminal offense “if theft or embezzlement” (Penal Code §368(d)(e), & 484-487), “forgery” (Penal Code 470), or filing “forged documents” (Penal Code 115) are involved.

What are other types of Financial Abuse?

Beware of “living trust mills” or annuity salespersons. Thousands of senior citizens and other members of the public had been solicited by salespersons calling themselves “Senior Advisors” or “Medi-Cal Specialists” and have been invited to attend free seminars. These seminars are sometimes conducted by so-called experts who promote the purchase of various estate planning services, including legal and tax consulting, the review of legal documents, and the preparation of new wills, trusts, and other estate planning documents including annuities.

Seniors are often sold trusts that they do not need or scared into buying annuities as a way of protecting their home and other assets from a future estate claim by Medi-Cal. Such investments are often sold by inadequately trained personnel and are sold without proper disclosure or without regard to the suitability of the investment. Senior citizens have suffered financial losses and have had their applications for long-term care Medi-Cal adversely affected by purchasing products from “trust mills.”

Fiduciary Litigation

Fiduciary litigation occurs where a person or business standing in a position of trust in relation to someone else, abuses that trust. Among others, any of the following persons may be a fiduciary depending on the circumstances:

Anyone can fall victim to the misconduct of an unscrupulous fiduciary. We frequently are retained to pursue claims against fiduciaries for having abused their positions of trust and confidence in order to further their own agendas or self-interests.

Trust & Probate Litigation

Unfortunately, even as we grieve our loved ones following their passing, problems frequently arise concerning distribution of their assets. This is particularly true when questions surface regarding the validity of their estate plans, due to suspicion of undue influence, incapacity, fraud or duress. Through will and trust contests and related probate and trust litigation, we help restore our clients’s peace of mind that their loved ones’ true intentions are being preserved.

Other Complex Civil Litigation

We also represent parties in other complex civil litigation, commonly receiving referrals from attorneys or other professionals because of our litigation expertise and proven track record.

For example, we are often retained to handle matters tangentially related to typical fiduciary litigation, including:

If you are a concerned relative or friend of an elderly person whom you believe is suffering from elder abuse or has been wrongfully influenced or taken advantage of, in Southern California, we’d like to hear from you. Contact us online or call us at 949-365-5660 to set up a FREE consultation to discuss your legal options.