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Disputes Over the Property of an Elder, Trust, or Estate (Probate Code Sections 850 and 859)

Suing to Recover Misappropriated Property through the Probate Court. Navigating Probate Code Sections 850 and 859 in California
California provides strict protections for its elderly population and the estates of deceased persons. Two of the most critical tools protecting elders and their trusts/estates are Probate Code Sections 850 and 859.

Probate Code Section 850: Recovery of Property


Probate Code Section 850 grants individuals the right to seek the recovery of property that rightfully belongs to a conservatee, the trust or estate of a deceased individual. This section is often utilized in cases where assets have been wrongfully transferred or where disputes arise over ownership.

Key Points Regarding Probate Code Section 850:

Property Recovery:

Probate Code Section 850 allows interested parties, including conservators, trustees, executors, heirs, or beneficiaries, to petition the court for the return of property to the conservatee, trust or estate.

Challenges to Property Transfers:

Probate Code Section 850 is useful in cases where property is transferred in a manner that may be deemed fraudulent or against the interests of an elderly person while living or after they have passed away.

Legal Standing:

Individuals with standing, conservators, trustees, executors, heirs, beneficiaries, or other interested persons, can initiate proceedings under Probate Code Section 850.

Probate Code Section 859: Enhanced Remedies when Assets are Recovered under Probate Code Section 850


Probate Code Section 859 provides remedies for individuals who sue to recover assets under Probate Code Section 850, cases which generally involve the taking of assets from a dependent person such as a conservatee or minor, or the taking of assets from a trust or estate through theft, embezzlement, or other financial abuse involving estate assets.

Key Points Regarding Probate Code Section 850:

Financial Abuse Remedies:

Probate Code Sections 850 and 859 allow individuals to seek remedies against those who wrongfully take, conceal, or dispose of property belonging to dependent elders, and/or their trust or estate.

Double Damages:

Probate Code Section 859 permits the court to award double damages in cases where the wrongful act is proven to be in bad faith or with malice through the commission of elder or dependent adult financial abuse.

Attorney's Fees:

Authorizes the court to award reasonable attorney's fees to the prevailing party, providing additional protection for victims of financial abuse. Probate Code Section 859 allows for the award of attorney’s fees and costs in favor of the party recovering assets under Probate Code 850.

How Estate Law California APC Can Assist

Estate Law California APC specializes in utilizing Probate Code Sections 850 and 859 to protect the interests of Estate Law California APC’s clients. Estate Law California APC offers comprehensive legal services, including:

Property Recovery:

Pursuing recovery of wrongfully transferred assets under Probate Code Section 850. Defending clients from meritless Probate Code Section 850 actions.

Financial Abuse Claims:

Representing victims in cases of financial abuse, seeking remedies and damages under Probate Code Section 859. Defending clients from groundless Probate Code Section 859 prosecution.

Strategic Advocacy:

Leveraging expertise to navigate the complexities of probate litigation.

If you are facing disputes over the property of an elder or their trust or estate, contact Estate Law California APC for a free telephone consultation.
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