Spendthrift Trusts, Limited Protection for Deadbeat Beneficiaries

Ryan will discuss a litigator’s perspective to conflicts that estate planners often encounter, including representing clients with mental capacity that may appear impaired, representing clients who want to make a gift to an individual identified in Probate Code section 21380 thereby invoking the presumption that the gift is the product of fraud or undue influence, and representing clients in circumstances where it appears a child or another may have undue influence over them, particularly where there are any questions of favoritism.

Legal Aid Marin & MCBA 2016 Pro Bono Appreciation Luncheon

When most people hear about elder abuse, they think of cruel or apathetic caregivers leaving elderly family and friends unattended or physically abusing them. But elder abuse is more than physical abuse: when someone takes any property - including real estate, cash, or any other asset or interest - from a person over the age of 65 by fraud or undue influence, it constitutes financial elder abuse.