If you have received any asset from an elderly or disabled person in California, chances are you are sued or will be sued by an executor or trustee in Ca. California has one of the most protective laws, protecting the elderly or disabled from friends and family whose actions become self-serving.
If an elderly or disabled person has lost an asset to someone who promised to care for him, there are several chances where the recipient of the asset can get sued: 1) by the owner of the property; 2) by the executor of his estate, if the owner is deceased; 3) by his trustee; and even 4) by his agent under a power of attorney or his conservator. Any of those people can file an action to recover the assets of the elderly or disabled person under the elder abuse laws, and Probate Code 850 actions.
Gift recipients who do not adequately protect themselves, by contracts prepared by attorneys, and where the elderly or disabled is unrepresented, have the largest risk. Further, gifts by fiduciaries (agents under power of attorney, trustee, executor, or conservators) of any sort or to fiduciaries or their families are looked at with great disdain by California courts.
How do you fix it?
Before you are sued, have the agreement reduced to a writing were both parties are represented. Be sure that the consideration is adequate, and that performance is done.
After you are sued, run to mediation and settle the matter to avoid hundreds of thousands of dollars in legal expenses.
With a little creative settlement work, this type of case can be resolved. Call us for a referral to competent counsel who can assist you.