Konstantine "Kosta" Demiris Successfully Obtains Court Order Invalidating Trust, Powers of Attorney, Advance Health Care Directive, and Monetary Settlement for Plaintiffs in Case Involving Elder Abuse

Sacramento County Superior Court Case #34-2013-00148491-PR-TR-FRC  Heston v. Heston/The matter of the Heston Trust

In this case, Walnut Creek trust lawyer and elder abuse litigation lawyer, Konstantine "Kosta" Demiris, represented the Plaintiffs, two of the surviving children of the deceased Barbara J. Heston, who filed suit against their brother Paul Heston and his wife Janet Heston.  After about two-years of elder abuse litigation, trust litigation, and litigation involving the purported durable power of attorney and advance health care directive of Barbara J. Heston, Plaintiffs prevailed by court order on July 15, 2015 invalidating the trust, general transfer of property to the trust, power of attorney, and advance health care directive, they also obtained a monetary settlement.

Factual Summary

Medical records and depositions of Barbara Heston’s treating physician and treating psychiatrist revealed that Barbara suffered from Alzheimer’s dementia, physiological changes to her brain, and was determined during the relevant periods before, during, and after execution of the purported trust and deed to real property to lack the required legal mental capacity to execute the legal documents and legal instruments.

The underlying civil complaint alleged elder abuse, including financial elder abuse, isolation, and abandonment.   In the trust petition, Plaintiffs petitioned the Court to invalidate Barbara J. Heston’s purported trust, general transfer of property to trust, and deed transfer of her home which disinherited her church, children, and all her grandchildren to give everything she owned to Paul.  The petitions to invalidate the probate power of attorney and advance health care directive alleged that the procurement of the power of attorney and advance health care directive were improper as Barbara lacked capacity and was unduly influenced to execute those instruments.