News & Analysis as of

Elder Abuse Wills Estate Planning

Lasher Holzapfel Sperry & Ebberson PLLC

Washington has an Expansive “Slayer Statute”

Nearly 140 years ago, the United States Supreme Court first recognized that one who causes harm to another should not financially benefit from the estate of the harmed person. In Mutual Life v. Armstrong, the defendant was...more

The Estate Lawyers

Music Legend’s Family Bears the Weight of Estate Feud Centered on Financial Abuse and Incapacity Claims

The Estate Lawyers on

Robbie Robertson, famously associated with Bob Dylan, left his own mark as founder of legendary band, The Band, and through his solo work and his many movie scores. Inducted into the halls of fame in the U.S. and his native...more

Downey Brand LLP

Gambling, Racehorses, and Protecting Your Loved Ones from Testamentary Fraud: They Have More in Common Than You Think

Downey Brand LLP on

A question for you: do you have an estate plan? Of course you do, everyone needs an estate plan. Second question: who is(are) the beneficiary(ies) of your estate plan? Someone you love and trust, I presume. Perhaps a spouse,...more

Winstead PC

The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery - Presentation

Winstead PC on

David F. Johnson participated in a panel presentation entitled “The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery?” for the Offshore Alert Miami Conference on April...more

Downey Brand LLP

Are an Estate Planner’s Notes Protected by the Attorney Work Product Doctrine?

Downey Brand LLP on

California law is surprisingly unclear as to whether the notes of an estate planning attorney are protected from discovery by the attorney work product doctrine. This can become a big issue in a will or trust contest when the...more

Cozen O'Connor

Stan Lee’s Business Manager Charged, But Elder Financial Abuse Can Happen To Anyone

Cozen O'Connor on

At the end of Stan Lee's life, the Marvel Comics creator found himself surrounded by many people. Various allegations of financial elder abuse were made before he died on November 12, 2018, at age 95. Lee left behind an...more

Flaster Greenberg PC

Minimizing Elder Financial Abuse

Flaster Greenberg PC on

It seems like every month, there is a news broadcast of a new form of elder financial abuse. Statistically, it is very prevalent, especially among individuals with dementia who are residing alone in the community....more

Downey Brand LLP

California Legislature Cracks Down on Caregivers Who Marry Dependent Adults

Downey Brand LLP on

Many California financial elder abuse cases we see involve caregivers. While the vast majority are honest, a caregiver who spends many hours alone with a vulnerable client has a unique opportunity to exploit the situation. A...more

Downey Brand LLP

A Neuropsychologist’s Take on Mental Capacity Evaluation

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Mental capacity issues are commonplace in California trust and probate litigation. Jonathan Canick, Ph.D., who spoke last year at the Sacramento Estate Planning Council on the subject of “Aging, Cognition and Capacity,”...more

Smith Debnam Narron Drake Saintsing & Myers,...

When Life Imitates Art

– Will Caveats or “The Family Feud” Part 2 –  The North Carolina Court of Appeals continues to publish opinions in Will Caveat cases that could easily serve as a storyline from a daytime television series. One example...more

Smith Debnam Narron Drake Saintsing & Myers,...

What is Undue Influence in Will Caveat Cases?

In order to set aside a Will after a person has died, a Caveator (the person attacking the Will) has three courses of action under the law. First, he can assert that the Testator (the person making the Will) was incompetent...more

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