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Most of the time, when an elderly client changes their estate plan, they are doing it because they have changed their mind, they understand fully the consequences of the change and they do so knowingly and deliberately. Sometimes, though, an elderly person makes the change because they are pressured by someone taking advantage of the elder’s vulnerability and trusting nature in order to benefit themselves. This is called undue influence, it is a form of elder abuse and it happens – a lot. https://absolutetrustcounsel.com/085-... Time-stamped Show Notes: 0:00 Introduction 1:36 Kirsten discusses the topic of this episode: Making changes to your estate plan later in life. 2:56 Kirsten welcomes Scott Rahn to the show! Scott is the founding partner of RMO LLP and has an extensive background in estate and probate litigation. Welcome, Scott! 4:36 How do we recognize elder abuse in the form of undue influence? Kirsten and Scott discuss what this might look like, i.e., stealing assets or pressuring an older adult into a choice they wouldn’t make otherwise. 6:44 Press play now to hear how Scott approaches an elder abuse case — what tools and strategies he uses for his clients. 8:00 If you have a resistant abuser, a conservatorship may be the only option you have to help protect your elderly loved one, here’s why. 9:45 Kirsten asks Scott how he handles a situation where he may be asked to represent a member of the family who may not have pure intentions when it comes to their loved one who is being abused? 11:30 When it comes to estate planning, it’s never something that someone wants to do. But, as Scott points out, it’s a helpful tool that helps remedy any arguments after a loved one’s passing, allowing family members to mourn together instead of fight. 12:50 What if the elder abuse is caught too late? How does the process change after a loved one passes away? Scott offers his expertise on this subject, offering the two most common scenarios and how they’re normally remedied. 14:02 Kirsten asks Scott if he and his team ever go back and look at what happened during life to help find a solution or details critical to a case. For example, could it help show where mom or dad became compromised? 16:19 How hard is it to win a case against someone committing elder abuse? Tune in to hear Scott’s answer and how he compares a court case to an impressionist painting. 19:46 Do most of these cases go all the way to trial? Do they settle? Scott answers that the vast majority of cases settle. Here’s what you need to know. [Ad] Ready to take control of your estate planning? We're here to guide you every step of the way. Schedule a free discovery call today, and we'd like to help create a plan that secures your future and protects your loved ones. https://absolutetrustcounsel.com/sche... We're pleased to provide a library of e-books to address common estate planning questions and concerns in practical, easy-to-understand language. https://absolutetrustcounsel.com/reso... Kirsten would love to offer you access to her Incapacity Planning resource page: https://absolutetrustcounsel.com/inca.... We’ve collected our top planning information all in one place so listeners can find videos, guidebooks, blog posts, and a host of information with tips and strategies on implementing, planning, and protecting themselves and their loved ones. Your Trust Administration Guide: The job of a trustee isn’t as easy as one may think. You must give legal notices, retitle assets, file tax returns, understand a legal document, and perform a variety of tasks most people find unfamiliar. As a trustee, if you forget a step or make a mistake, you could be held liable. Protect yourself, have a plan, and find out the next steps about your specific trust. Schedule a one-hour roadmapping session with Absolute Trust Counsel. We will review your trust, answer your questions and develop an action plan to get the job done right. https://absolutetrustcounsel.com/trus... Kirsten Howe and the Absolute Trust Counsel Team Can Be Reached at 925-943-2740 or Info@AbsoluteTrustCounsel.com. Facebook: absolutetrustcounsel X: kirstenhowe LinkedIn: absolute-trust-counsel Instagram: absolutetrustcounsel Episode Credits The Absolute Trust Talk podcast is brought to you with the help of Q2Mark, led by Chief Marketing Officer Susie Hays. Since 2016, Q2Mark has partnered with Absolute Trust Counsel on all marketing communications—from brand development and website design to this podcast series with over 192 episodes, social media management, video production, and more. If you're business owner looking for comprehensive marketing support, visit https://q2mark.com/.