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Ideally, wills and trusts, and the probate process in general should be the most efficient and least complicated method to ensure the transfer of a decedent’s assets to family, friends, and institutions. But, what happens when there are bad actors involved? Or when the latest Will or Trust should fail because the decedent lacked the mental or physical capacity to execute the documents? People can be convinced through fraud, coercion, and undue influence to act against their own free will. Caregivers, neighbors, and “friends” can create an environment where family members are not welcome, or are literally kept away. These bad actors then “help” the individuals make out a new Will or Trust that excludes the family and only benefits the wrongdoer.
Many times people will have well drafted, thoughtfully considered estate documents drawn up at a time when they are capable of creating an estate plan and can understand the ramifications of their decisions. But, when these outsiders insert themselves into the lives of ill and elderly people, new estate documents often pop up after the person has died. Unfortunately, as the victim of a bad actor who has hijacked your family’s estate through fraud, you bear the burden of proving otherwise.
Robert Caietti is highly experienced in the area of contested Trusts, Wills and probate litigation. He has successfully settled many high value cases. In most cases there is an element of Attorney Malpractice or Financial Elder Abuse and Mr. Caietti can leverage his experience in these areas as well. Knowing your attorney has experience in all the areas that can touch this type of issue means you have tapped into a knowledgeable and skilled professional. He can see all the nuances of these situations and provide an all-inclusive approach to you and your family.
For help with these and other legal issues, contact Caietti Law Group, APC, at 858.623.5644 to schedule an initial consultation or contact us online.