What Should I Do If a Family Member Is Trying to Get Control of My Parents’ Property and Estate?
If someone in your family is quietly moving money, pressuring your parent to change a will, or cutting you out of decisions you should be part of, that is not a family disagreement. It may be financial elder abuse.
California law takes it seriously, and so should you. Courts can freeze assets, restore what was taken, and hold abusers accountable. The key is acting before more damage is done.
At Knez Law Group, LLP, our family law attorneys in Riverside have spent over 30 years helping local families protect their loved ones and their legacies. We understand how painful these situations are, and we know what to do. Call us today at (951) 742-7681 or fill out our confidential contact form.
What Does Financial Elder Abuse Actually Look Like?
Not every case involves stolen cash. Financial elder abuse is often subtle, and that is exactly why it works. Watch for these patterns:
- A family member suddenly has access to bank accounts or holds a new power of attorney
- Your parent is being isolated from friends, other relatives, or their regular doctor
- They seem confused, fearful, or unusually deferential when that person is around
- Large withdrawals or property transfers have happened without a clear explanation
- A new will or trust appeared after a health decline, with that person as the primary beneficiary
One figure from the National Council on Aging puts the annual losses from financial exploitation of older adults at $36.5 billion. In most cases, the abuser is someone the victim already knows and trusts, such as a family member, a caregiver, or a close friend.
What California Law Says
California’s Elder Abuse and Dependent Adult Civil Protection Act is one of the strongest elder protection laws in the country. It defines financial abuse as taking, concealing, appropriating, or retaining an elder’s property for wrongful use, or through undue influence.
Undue influence is the phrase courts focus on most. A person who uses a position of trust to override your parents’ free will, even without threats or physical force. can be held legally liable. Courts have set aside wills, trusts, deeds, and financial accounts on this basis alone.
The law also applies to adults under 65 who are dependent adults. If your parent has a cognitive impairment, physical disability, or another condition that limits their ability to care for themselves, they may be protected even if they do not meet the age threshold.
Legal Actions You May Be Able to Take
| Legal Action | What It Does | When to Use It |
| Petition for conservatorship | Gives a court-appointed person legal authority over finances or personal care | Parent lacks the capacity to make decisions safely |
| Emergency restraining order | Halts further contact or financial transactions immediately | An asset transfer is imminent or ongoing |
| Civil lawsuit for elder abuse | Seeks return of assets, damages, and attorney fees | Property or money has already been taken |
| Will or trust contest | Challenges the validity of estate documents in court | New documents were signed under pressure or coercion |
| Petition to revoke power of attorney | Cancels a POA obtained through manipulation | POA was not signed with true, informed consent |
What You Should Do Right Now
Start documenting. Write down everything you have observed and when. Gather bank statements, estate documents, and any communications that seem suspicious. Do not confront the family member directly because that can destroy evidence and give them time to move assets or cover their tracks.
Then talk to an attorney. California elder abuse cases have time limits, and if property has already been transferred, a delay makes recovery harder. Courts can issue temporary restraining orders to freeze assets quickly when the facts support it.
You may also contact Adult Protective Services in Riverside County. APS investigates elder abuse complaints and can connect your parent with protective services. But APS involvement is not a substitute for legal action because their role is safety, not recovery of stolen assets.
What About My Parents’ Wishes?
This is the hardest part. Your parent may deny that anything is wrong. They may defend the person who is taking advantage of them. That does not make your concerns invalid.
Courts recognize that victims of undue influence often do not believe they are victims. That is part of how influence works. If your parent truly has capacity and is making free choices, California law respects those choices. But if their judgment is being clouded by fear, dependency, isolation, or cognitive decline, the law provides a way to intervene on their behalf.
Protecting someone does not mean overriding them. It means making sure the choices being made are really theirs.
Contact Our Riverside Family Law Attorneys
Watching a family member take advantage of a parent is one of the most painful experiences a person can face. You are not overreacting. You are not causing drama. You are protecting someone who may not be able to protect themselves right now. California law is on your side, but it works best when you move early.
Call the Knez Law Group, LLP today at (951) 742-7681 or fill out our confidential contact form.
Matthew J. Knez graduated from the University of Redlands in California with a Bachelor of Arts degree in Creative Writing. He then pursued his law degree at the University of La Verne College of Law in Ontario, California, where he earned various awards, including the CALI Award in Torts, and was on the Dean’s List. During his time in law school, Mr. Knez was a member of the Justice and Immigration Clinic, working with individuals seeking asylum in the United States from countries where they faced persecution or threats of persecution. Additionally, he was an Associate Editor for the Law Review and published an article on California family custody move-away cases. Learn more here.