If your family has experienced trauma—whether from abduction, abuse, or other violent crimes—you’re likely wondering how to protect your loved ones legally and financially. Elizabeth Smart’s story, now featured in Netflix’s Kidnapped: Elizabeth Smart (released January 21, 2026), raises critical questions about victim support, estate planning for trauma survivors, and ensuring your family’s future is protected.
Who This Article Is For
This article is designed for California families who:
Elizabeth Smart’s Story: A Timeline of Trauma and Recovery
On June 5, 2002, 14-year-old Elizabeth Smart was kidnapped from her Salt Lake City bedroom by Brian David Mitchell and his wife, Wanda Barzee. For nine months, she endured horrific abuse including:
Smart was rescued on March 12, 2003. Mitchell was convicted in 2010 and sentenced to life in prison. Barzee was released in 2018 but was arrested again in May 2025 for violating sex offender registration requirements.
What Makes This Documentary Different
Unlike previous accounts, this Netflix documentary features multiple perspectives including:
“Having so many voices in the documentary gives the story so much more perspective,” Smart explained.
How Can California Families Protect Trauma Survivors Through Estate Planning?
When a family member has experienced significant trauma, standard estate planning may not address their unique needs. Here’s what California residents should consider:
1. Special Needs Trusts for Trauma Survivors
If your child or family member requires ongoing therapy, counseling, or specialized care due to trauma:
2. Healthcare Directives and Medical Decision-Making
Trauma survivors may need advocates who understand their specific healthcare needs:
3. Guardianship Provisions for Minor Children
If you’re raising a child who has experienced trauma:
4. Privacy Protection Through Trusts
Unlike wills, which become public record through probate:
What Elizabeth Smart Wants Other Survivors to Know
“I want other survivors to know they’re not alone, that actually there’s so many of us,” Smart shared in the documentary. She hopes her honesty about the brutal treatment she endured will help others understand the realities victims face during and after violation.
Smart has turned her experience into advocacy work through the Elizabeth Smart Foundation, which works to end sexual violence. She’s also authored bestselling books and become one of the most recognized survivor advocates.
Common Questions California Families Ask About Estate Planning After Trauma
How do I ensure my child’s therapy continues if something happens to me?
Create a trust with specific provisions for ongoing mental health care. Designate trustees who understand your child’s needs and include detailed instructions about maintaining therapeutic relationships.
Can I prevent an abuser from accessing inheritance?
Yes. Through carefully drafted trust provisions, you can exclude specific individuals and ensure assets only benefit your chosen beneficiaries. This is particularly important in cases involving convicted offenders or protective orders.
What if my child is too traumatized to make financial decisions?
Consider a management trust with a trusted financial advisor or family member as trustee. This protects assets while allowing distributions for your child’s benefit without requiring them to manage complex financial decisions during recovery.
How California Probate and Trust, PC Supports Trauma Survivors and Their Families
For over a decade, California Probate and Trust, PC has provided compassionate, transparent estate planning services to California families facing complex circumstances. Our approach includes:
We’ve helped thousands of California residents create estate plans that protect their families’ futures, including families dealing with trauma, special needs, and complex emotional circumstances.
Take the Next Step to Protect Your Family
If your family has experienced trauma and you’re concerned about protecting your loved ones’ future, California Probate and Trust, PC offers free consultations to help you understand your options.
Schedule your free consultation today:
Our experienced estate planning attorneys will take time to understand your family’s unique needs and develop a personalized plan that provides lasting protection and peace of mind.
Source
Original story: Elizabeth Smart Talks About Sexual Assault as a Teen (PEOPLE Magazine)
Legal Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Every family’s situation is unique, and estate planning strategies should be tailored to your specific circumstances. The information presented here is based on California law as of January 2026 and may change. For personalized legal guidance regarding estate planning, trusts, probate, or related matters, please consult with a qualified California estate planning attorney. California Probate and Trust, PC offers free consultations to discuss your specific needs. Nothing in this article creates an attorney-client relationship, and you should not act or rely on any information without seeking professional legal counsel.
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