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Comprehensive Legal Services for Nursing Home Abuse

At Keehn Law, we are committed to helping you fight for your rights. Our diverse range of services ensures that we can meet all your legal needs effectively. We are dedicated to aggressively representing individuals and families affected by nursing home abuse, elder abuse, and related legal issues.

Nursing Home Abuse

Every elderly person in a nursing home or assisted living facility has the right to feel safe, respected, and properly cared for. Sadly, this is not always the reality.

The Importance of Acting Quickly

If you or a loved one suspect abuse or neglect in a care facility, it's critical to take immediate action. Vulnerable individuals, particularly those with dementia or disabilities, are often the targets of mistreatment.

Understanding Nursing Home Abuse

Nursing home abuse is illegal and takes many forms, from neglect to severe physical harm. The National Center on Elder Abuse reports that seniors who suffer abuse are at a 300% higher risk of death compared to those who do not experience abuse.

Abuse Comes in Many Forms

Physical Abuse and Neglect

  • Unexplained injuries: bruises, fractures, burns, or head trauma
  • Infected bedsores or pressure ulcers
  • Medication errors or overdoses
  • Falls that are frequent or unexplained
  • Malnutrition and dehydration
  • Poor hygiene or unsanitary living conditions

Emotional and Behavioral Signs

  • Sudden withdrawal, fear, or confusion
  • Agitation or frequent crying
  • Changes in mood or personality
  • Complaints of mistreatment

Wrongful Death in Care Facilities

If your loved one died suddenly or under suspicious circumstances in a nursing home or residential facility and you suspect neglect or abuse played a role, you may be entitled to pursue compensation. At Keehn Law, we’re here to support you through the legal process. Holding facilities accountable not only brings justice—it helps prevent the same tragedy from happening to someone else.

Know the Signs, Take Action

When visiting loved ones in care:

  • Pay attention to physical condition: bruises, bedsores, or hygiene issues
  • Observe emotional state: fear, withdrawal, confusion
  • Listen for repeated complaints or unexplained injuries

Watch for these warning signs:

  • Regular claims of inadequate care
  • Mood swings or emotional detachment
  • Sudden dehydration or weight loss
  • Visible wounds or sores
  • Poor personal hygiene—especially in those who can’t care for themselves

Your Role Matters

Many victims of elder abuse are unable—or afraid—to speak up. Often, family members and friends are the first to notice the signs. If you have concerns, report them to the appropriate authorities right away.

Elder Abuse

According to the U.S. Department of Justice, around 10% of older Americans suffer abuse each year. Many endure this mistreatment in settings meant to provide safe, compassionate care—like nursing homes, assisted living, and private homes. Sadly, when caregivers fail, the consequences can be devastating.

Advocates for the Elderly

At Keehn Law, we’ve spent over 20 years fighting for victims and their families. We pursue justice against those responsible—whether individuals or institutions.

We handle cases involving

Nursing Home Abuse

A significant number of complaints in California involve abuse or gross neglect in skilled nursing facilities. We work to hold them accountable.

Assisted Living Abuse

These facilities, while less medical in nature, can still be the site of serious harm—physical, emotional, financial, or even sexual.

Home Health Abuse

Home care should provide safety and independence. Yet, many seniors suffer quietly—especially those with dementia or those afraid of being sent to a facility.

Residential Care Facility Abuse (RCFE)

Ranging from memory care to retirement communities, RCFEs are not exempt from neglect or mistreatment. We represent clients across these settings.

Recognizing the Signs

Abuse can be physical, emotional, sexual, or financial. Neglect may be intentional or due to poor training and staff shortages. Watch for:

  • Pressure Sores: Caused by failure to reposition patients or maintain hygiene. Often found on heels, hips, and tailbone, these can lead to severe infections.
  • Falls: Fractures, cuts, or bruises may result from unsafe transfers or ignored medical needs. Caregivers must be trained and properly supported.
  • Choking: Linked to poor supervision during meals, dehydration, or medication errors.
  • Sepsis: Life-threatening infections, often stemming from untreated wounds, can cause organ failure and death.
  • Wrongful Death: Any death due to abuse or neglect—whether from falls, infections, or inattention—may be legally actionable.

Financial Abuse Matters, Too

California law defines financial elder abuse as the wrongful taking or misuse of an elder’s property. This includes deception, coercion, or outright theft. We help families recover stolen assets and pursue legal remedies.

Your Rights, Our Fight

We pursue maximum compensation—medical costs, therapy, equipment, emotional damages, and legal fees. If you suspect elder abuse, we’re here to help. To win a case, we must show:

  • The victim was 65+ or a dependent adult
  • That abuse or neglect occurred
  • That harm resulted
Two women having a discussion, smiling.

Estate Litigation

If you’re a trustee, executor, or beneficiary, estate law can be full of confusing terms. Here are a few key definitions from California’s Probate Code you might encounter:

  • Trust: A trust is created intentionally or by court order and managed like an express trust.
  • Will: A will includes changes (codicils) and documents that name executors or revoke other wills.
  • Beneficiary: Someone who receives property—whether by will, trust, or as an heir.
  • Fiduciary: A person responsible for managing assets, like a trustee or executor.
  • Instrument: A legal document (will, trust, deed) that gives property to someone.
  • Property: Anything you can own—real estate, money, personal items.
  • Transferee: A person receiving property from a trust or will.
  • Transferor: The person giving property through a will or trust.
  • Interested Person: Anyone with a legal stake in an estate, such as an heir or creditor.

Our Estate Litigation Services

We frequently help clients contest wills and trusts. Timing is crucial—challenges must be filed within 120 days of receiving notice. That window may extend 60 more days if you request a copy of the trust after notice.

Common reasons to contest include:

  • Fraud, forgery, or undue influence
  • Mental incapacity at the time the will/trust was made
  • A revoked or outdated will
  • False accusations against trustees

Whether you're protecting your inheritance or defending your actions as a trustee, we’re here to help.

We Also Handle

  • Estate & Trust Disputes: Representing beneficiaries or fiduciaries in litigation
  • Appeals: Skilled in overturning or defending probate decisions
  • Mediation: Resolving family and estate conflicts out of court
  • Inheritance Interference: Legal action when you’re wrongly cut out
  • Beneficiary Rights: Helping beneficiaries actively participate in litigation
  • Will/Trust Validity: Challenging or defending estate documents

Trust Litigation

To grasp trust litigation, it helps to first know what forms a trust. Under California law, a valid trust must meet these conditions:

  • Intent (Probate Code §15201): The person who creates the trust (the settlor) must clearly intend to do so.
  • Property (Probate Code §15202): The trust must contain property—real or personal—that is owned.
  • Purpose (Probate Code §15203): The trust’s purpose must be legal and not against public policy.
  • Beneficiaries (Probate Code §15205): The trust must name beneficiaries or allow someone (like the trustee) to select them using a clear standard.
Judge's gavel on a wooden desk.

Our Carlsbad Trust Litigation Services

Trust disputes can be filed by either trustees or beneficiaries. While some trusts include an ADR (alternative dispute resolution) clause, it’s not always enforceable. Most disputes eventually end up in court.

At Keehn Estate and Elder Law, we’re focused on estate and elder law with a strong record in trust-related cases. Here’s how we help:

Common Trust Litigation Issues We Handle

  • Beneficiary vs. Trustee Disputes: Miscommunication, disagreements over trustee pay, investment choices, or fund distribution are frequent sources of conflict. We work to resolve these with strong legal support.
  • Breach of Fiduciary Duty: Trustees must act with loyalty, care, and transparency. When they don’t, we represent harmed beneficiaries—or defend trustees wrongfully accused.
  • Fee Recovery: Trustees can often recover legal fees through the trust—especially if they win a case or need to pay lawyers while managing trust duties. We help navigate these claims.
  • Misappropriation: If a trustee uses trust assets for personal gain, mixes personal and trust funds, or mismanages the trust, it’s a serious breach. We act quickly to protect beneficiaries’ interests.
  • Trust Accounting Issues: Trustees must keep accurate records. If they don’t account for trust actions, make risky or no investments, or misuse funds, beneficiaries have the right to act. We help enforce that right.

Why Our Clients Choose Us

People across the region trust Keehn Estate and Elder Law because we are:

  • Trial-Ready – Decades of proven experience in both state and federal courtrooms.
  • Quick to Respond – We answer promptly and stay available throughout your case.
  • Clear and Supportive – No question is too small. We explain the process in simple terms so you feel confident moving forward.

Heggstad Petitions

Under California law, even if an asset wasn’t formally transferred into a trust, it may still be added without going through probate. This is done through a Heggstad Petition, named after Halvard Heggstad, whose family successfully petitioned the court to include property in his trust based on his documented intent.

Who Can File and What’s Required

A Heggstad Petition (filed under California Probate Code §850) can be filed by anyone with a legal interest in the estate. To be approved, it must include:

  • Complete and accurate info about the decedent and beneficiaries
  • Documentation showing intent, such as a Schedule of Assets

Valid grounds for filing include

  • The decedent had a written agreement to transfer property but passed before doing so
  • The decedent held or claimed title to assets intended for the trust
  • Property is currently held by another party but believed to belong to the decedent or trust

As your legal team, we handle everything—from preparing the petition to court representation.

When You Should File

File as soon as the issue is discovered. California law requires a 30-day notice to all affected parties. In some cases, notice must be personally delivered. Once filed, the process typically takes about 60 days.

What Property Can Be Included

If listed in the Schedule of Assets, nearly any type of property can be added to the trust, including:

  • Real estate
  • Bank accounts
  • Investment accounts

Probate Litigation

Disputes can arise between an executor and beneficiaries, or among beneficiaries, during probate. These conflicts can be especially challenging and emotional after the death of a loved one. At Keehn Law, we offer expert guidance and representation to both beneficiaries and executors dealing with probate litigation.

When is Probate Litigation Needed

Probate litigation typically arises in the following situations:

  • Will Disputes: This includes questioning the validity of the will due to issues like lack of capacity (e.g., the testator was mentally impaired, underage, or suffering from addiction) or missing signatures and witnesses.
  • Undue Influence: If someone is manipulated or coerced into making decisions under duress, often due to mental or physical vulnerabilities.
  • Executor Misconduct: When an executor mismanages or steals estate assets, fails to pay estate debts or taxes, or acts in their own interest rather than the estate's.

California Probate Litigation Services We Offer

We strive to help you achieve a favorable outcome in your probate case. Our services include:

  • Lis Pendens: A notice indicating a lawsuit is pending regarding a property.
  • Heggstad Petitions: Used to transfer assets directly into a trust, bypassing probate when a decedent failed to transfer property before death.
  • Motion to Expunge Lis Pendens: If the court finds that a claim on real property is not supported by sufficient evidence, we can help file for expungement.

Appeals

To determine your best course of action, consider having an appellate lawyer review your case. Mistakes can happen in trials, and not every verdict is correct. That’s where the appellate process comes in. Mr. Spong, an experienced appellate lawyer, has filed over 100 appellate briefs and argued numerous cases in appellate courts.

The Role of an Appellate Lawyer

Whether you're looking to preserve a trial victory or reverse a decision, an appellate lawyer can offer a fresh perspective. We focus on your concerns and work diligently to advocate for you.

When to Contact Us

If you believe a judge or jury made an incorrect decision, or if someone you know has a case worth reviewing, contact Keehn Law to have your matter evaluated by an experienced appellate attorney.

Why Appeal

Appeals provide an opportunity to reassess your case and can uncover vital issues missed during the trial. Errors that can justify a reversal include:

  • Incorrect jury instructions
  • Admission of inadmissible evidence
  • Misapplication of governing law

Accepting Referrals from Fellow Attorneys

Although California has many skilled attorneys, some may not handle appellate cases. If you have a client seeking to appeal a case in California, reach out to us for a consultation. We’ll promptly evaluate the case to determine how we can assist.

Lawyer with scales of justice on desk.

Additional Legal Services

  • Cryptocurrency Disputes: Cryptocurrency disputes often arise due to issues of ownership, fraud, or theft. Navigating the complexities of digital assets requires experienced legal guidance to ensure that rights are protected and disputes are resolved effectively.
  • Sexual Assault: Sexual assault cases demand sensitive, compassionate handling. Whether pursuing criminal or civil action, our firm provides expert legal support for victims, advocating for justice and holding perpetrators accountable.
  • High Net Worth Disputes: High net worth disputes typically involve complex financial matters such as asset division, business interests, or trusts. We specialize in managing these intricate cases to protect the wealth and interests of our clients.

Talk to our Attorneys Today

Our specialized services are designed to provide you with the support and legal expertise needed to navigate complex legal challenges. Speak with our experts now.