In this episode of Absolute Trust Talk, Kirsten welcomes trust and estate litigator Denise E. Chambliss from Tri-Valley law firm Hoge, Fenton.
During their discussion, Denise and Kirsten hone in on the specifics of trust and estate litigation with an emphasis on elder abuse and undue influence. Kirsten highlights that elder abuse is an epidemic, it’s happening everywhere, and it’s often happening right under our noses. In response, Denise defines, characterizes, and zeros in on how best to defend those abused and how to prevent it from happening in the first place.
Top Three From Episode #009:
- If you suspect something in regard to elder abuse, say something.
- It’s not just happening with family members.
- Elder abuse is a crime.
Time-stamped Show Notes:
3:00 – Denise defines and characterizes elder abuse
6:23 – How does undue influence fit in?
7:55 – Elder abuse is considered these two types of crimes
8:45 – Family members aren’t the only ones who abuse the elderly
11:30 – How hard is it to prove elder abuse in court?
12:17 – How does decision making factor into a case?
14:00 – How does a No Contest Clause fit into the elder abuse arena?
16:07 – What would make a No Contest Clause more effective?
17:12 – How to avoid litigation
21:15 – Denise shares what other areas elder abuse can crop up in
Episode #009 Freebie: Discussion About The Dreaded No Contest Clause
Denise works hard as a trust and estate litigator to help protect and defend those who might not understand what’s happening to them anymore but also to educate and protect the trustees, executors, and beneficiaries who are involved. A big part of that is speaking out and educating others on the myriad of ever-changing laws in this field. One that has an impact on the issue of elder abuse is the No Contest Clause. It is an intriguing element to many people, yet they don’t know how to navigate it in order to use it to their best advantage. In a recent article authored by Denise, she details the history of and changes to the law, what became of the”Safe Harbor” provisions, and the best practices for an enforceable No Contest Clause combined with a disinheritance. This is essential information everyone should know when it comes to effective estate planning, and Denise is giving you exclusive access!
[Ad] Calling all neighbors in the Walnut Creek area and beyond! At Absolute Trust Counsel, we understand how unique the needs of your family can be. When it comes to planning for your family’s legacy, there is no one-size-fits-all approach. Schedule a free discovery call,and let’s talk about how we can help build the right plan for your family’s circumstances. Or, if you have a question about the content in this blog, please feel free to get in touch with us by calling 925.943.2740 or sending an email to Info@AbsoluteTrustCounsel.com.
Looking for more information on probate? Visit our probate resource page at https://absolutetrustcounsel.com/practice-areas/probate/ for guidebooks, podcasts, videos, and more!