What Happened
Like many elder abuse cases, this one began with a caregiver quietly taking advantage of vulnerable settlors. The caregiver had been receiving payments well above her agreed salary from the husband settlor; the wife settlor, in diminished physical and mental condition, was unaware.
After the husband settlor passed, the caregiver filed suit claiming he had promised her real property owned by the trust. Keystone’s client, the husband’s family member and successor trustee, wanted to resolve the lawsuit quickly so he could complete orderly administration of the trust. The caregiver, however, never properly served him with the complaint, leaving the case in procedural limbo from the outset.
How Keystone Was Able to Help
Keystone built its strategy around the caregiver’s procedural missteps. The first move was a motion to quash service of the complaint, granted by the court, handing Keystone’s client an early win. But the victory was incomplete: the caregiver still failed to re-serve, leaving the lawsuit in limbo and blocking the trustee from completing administration of the trust.
With the caregiver unwilling or unable to move her case forward, Keystone pivoted to offense and filed an elder abuse suit against her in probate court. This leverage forced the caregiver to defend her own conduct rather than press a claim she could not properly prosecute. Her procedural missteps continued. She failed to timely object to the elder abuse complaint, and the probate court deemed her objections waived. Keystone then secured dismissal of her original suit, without prejudice, but enough to make clear that any refiling would meet the same aggressive defense.
The pressure worked. The caregiver agreed to release all of her claims for no payment, in exchange for Keystone’s client releasing the elder abuse claims. The settlement ended the litigation entirely, freed the trustee to complete administration of the trust, and proved the strategy that opened this story: when a meritless lawsuit will not end on its own, the most efficient defense can be a well-timed offense.
Have any questions?
The experienced probate attorneys at Keystone can help. Contact our firm today to learn how we can assist.
