Attorneys Protecting the Estates of Elders

According to California state and federal statistics, nearly 200,000 California residents are victims of elder abuse each year. Financial elder abuse is a type of abuse that may be as simple as theft from the estate of an elder or as complicated as undue influence or fraud in the creation of a will or estate planning instrument. Serving Fremont, Walnut Creek, Danville, Santa Clara, San Mateo, Alameda, Contra Costa, Santa Cruz, Monterey, San Francisco, and other counties, the lawyers of Temmerman, Cilley & Kohlmann, LLP protect the value and interest of beneficiaries in an estate through monitoring, administration, and financial elder abuse actions.

What Is Financial Elder Abuse?

Elder financial abuse, also called financial elder abuse, is the improper or illegal use of the funds, property, or assets of an elder. Elder financial abuse may result from all types of adverse actions against the estate of an elder, including the improper use of conservatorships, powers of attorney, trusts, and other fiduciary relationships. It may be committed by family members, friends, beneficiaries, fiduciaries, and others. One of the most common types of elder financial abuse is committed by individuals involved in financial scams:

  • Telemarketing or mail fraud
  • Credit card fraud
  • Investment fraud
  • Lottery scams
  • Identity theft
  • Fraudulent legal documents

Protecting Estates From Elder Financial Abuse

The estate planning lawyers of Temmerman, Cilley & Kohlmann, LLP help preserve the value of estates and the interests of beneficiaries in an estate by offering comprehensive planning, administration, and litigation services to prevent and remedy financial elder abuse:

  • Estate monitoring
  • Beneficiary representation
  • Fiduciary accounting
  • Breach of fiduciary duty actions
  • Fiduciary removal and surcharge
  • Elder financial abuse actions

We assist with the protection of estates through estate monitoring, fiduciary accounting, and administration services. When elder financial abuse occurs, our estate planning and elder law attorneys prosecute financial elder abuse and pursue relief such as injunctions, punitive damages, fines, restitution, and other remedies. When an estate planning instrument or provision is procured through fraud or undue influence, the fraudulent provision or instrument may be struck to protect the estate and the interests of the rightful beneficiaries. In situations where fraud results in a will or estate plan that would not otherwise have been executed, our attorneys may pursue a constructive trust to prevent unjust enrichment to the abuser.

San Jose and Danville estate planning attorneys protecting you and your estate from elder financial abuse

The San Jose and Danville attorneys of Temmerman, Cilley & Kohlmann, LLP use more than 60 combined years of specialization in estate planning to protect the interests of clients and prevent elder financial abuse. Our San Jose and Danville elder law attorneys are available to consult with clients at our offices — located at 2502 Stevens Creek Boulevard, San Jose, CA 95128 and 140 Town and Country Drive, Suite A, Danville, CA 94526 — or at any other convenient location. Call our San Jose office at 408-998-9500 or our Danville office at 408-998-9500 or contact Temmerman, Cilley & Kohlmann, LLP online.