(San Diego County, CA) November 3, 2025- Steve Derby claimed yet another victory after securing a dismissal of all claims in Aebersold v. Scherm, a lawsuit that sought more than 1.3 million dollars in damages based on allegations of Elder Abuse against the firm’s client.
The firm’s client was the unofficial adopted son of an elderly couple who deeded him their home and made various asset transfers during their life. After the husband died, his wife, Ms. Aebersold, sharply declined physically and mentally. Her niece used that decline to persuade Ms. Aebersold to execute a Power of Attorney and change her will to name the niece as the sole heir. The niece then used that Power of Attorney to file suit in Ms. Aebersold’s name against the firm’s client for Elder Abuse, seeking cancellation of the deed, the return of all funds paid, punitive damages, and attorney’s fees. Plaintiff demanded over 1.3 million dollars.
Shortly before the trial, the firm’s client’s former attorney had a stroke and was unable to continue. Subsequently, the client retained Wade Litigation and Derby was assigned the case and went to work. He successfully continued the trial and then took the deposition of the niece, who was forced to admit that although she claimed Ms. Aebersold lacked the capacity to make a will in 2018 due to dementia, she still asked her to change her will in 2021. She then moved Ms. Abersold to Indiana and obtained a Guardianship order in 2022, claiming that Ms. Abersold was unable to handle her own affairs. She also used the money in the Guardianship to fund the lawsuit in California, even though Ms. Abersold would not benefit from it because she could not return to California, and her money was in Indiana.
When Derby took the deposition of the notary public that the niece used in 2021, the notary confirmed that the Power of Attorney was not properly executed and that Ms. Aebersold lacked capacity. That undermined the niece’s alleged authority even to file the lawsuit.
Subsequently, Ms. Abersold died. Derby then located Probate Counsel and had the 2018 will of Ms. Abersold admitted to probate. In response, the niece hired counsel and filed a Will Contest. When Probate Counsel moved to dismiss the contest, which was pending, Derby convinced Plaintiff’s counsel that the California case was now untenable because the argument for contesting the 2018 will was that Ms. Aebersold lacked capacity. That meant that Aebersold could not have legally changed her will in 2021 or have appointed the niece to file the lawsuit. Derby then obtained an agreement to dismiss the lawsuit in exchange for a waiver of claims of impropriety in using Guardianship funds to continue the lawsuit.
When asked how he felt about the outcome, Derby stated, “Persistence is the key in successful defense of these types of claims. It is important to look behind the allegations to the motivation for suing. Often, it is not the person named as Plaintiff but someone else”
About Wade Litigation
Wade Litigation is a law firm that specializes in Family law, business litigation and probate litigation. The firm is committed to providing superior services while building client relationships and achievingclient satisfaction second to none. The firm’s clients include companies and individuals involved in civil litigation, family law disputes, and probate disputes.