The scenario: when one spouse is possessive and controlling, controls the finances and financial information, lies or misrepresents, creates false narratives, gaslights, and/or is secretive – and is not benevolent, honest or fiduciary to the other trusting, innocent, dependent spouse’s wishes, entitlements and rights. The intersection of divorce, spousal and elder abuse, death and probate.

I am now seeing versions of these scenarios in more and more cases and situations both pre-death and post-death of the innocent elder and spouse. Until recently my elder abuse cases had primarily been cases of financial and physical/care abuse, mistreatment, undue influence, fraud and duress, etc., by non-spousal family members, friends or neighbors, and third parties. But that has changed. I am now seeing cases and situations where one spouse is the direct actor, although sometimes influenced or used by others, against the trusting, innocent, dependent spouse and elder victim. I am now seeing versions of the above scenarios in more and more cases and situations both before and after the death of the innocent elder and spouse.

Good people need to be on the lookout, and take actions.

Thank you for reading. Please do pass this blog and blog post and information to other people who would be interested as it is only through collaboration and sharing that great things and success are more quickly achieved.

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Best to you,

David Tate, Esq. (and inactive CPA)

• Business litigation and disputes – business, breach of contract/commercial, co-owners, shareholders, investors, founders, workplace and employment, environmental, D&O, governance, boards and committees.
• Trust, estate and probate court litigation and disputes – trust, estate, probate, elder and dependent abuse, conservatorship, POA, real property, mental health and care, mental capacity, undue influence, conflicts of interest, and contentious administrations.
• Governance, boards, audit and governance committees, investigations, auditing, ESG, etc.
• Mediator and facilitating dispute resolution:
  • Trust, estate, probate, conservatorship, elder and dependent abuse, etc.
  • Business, breach of contract/commercial, owner, shareholder, investor, etc.
  • D&O, board, audit and governance committee, accountant and CPA related.
  • Other: workplace and employment, environmental, trade secret.

Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation, or as or for my opinions and views on the subject matter.

Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that doesn’t mean that I don’t or might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.

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My two blogs are:

http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.