BLOG # 19

I was recently asked a question from 18-year old David, "when my father was 58 years old and a hapless alcoholic, he excluded me from his trust because his wife resented me, his only child, just because I was born out of wedlock during her marriage to him because of an affair between my father and my mother who was his girlfriend on the side. She made his life so miserable and unduly influenced him when because of the booze he was unable to resist her and he specifically excluded me from his trust. 

All his life we had a great relationship and he supported me financially and emotionally although I could never visit him at his home because of her.

My dad just died recently and the question I have is can I bring an action for elder financial abuse against her to rescind the trust even though my dad was only 58 years old when he wrote me out. Answer: Yes. You have a cause of action even though your dad was only 58 years old. Your action is similar to elder financial abuse but it would be called dependent adult financial abuse under the provisions of the EADACPA Act which includes dependent adults under 65. So the 65 years of age number is not of that much importance to you in this particular action. Your dad was simply a dependent adult and there is a cause of action under EADACPA.

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