Trust Property for Cats Sold to Pay for Settlor’s Care

178110810What if the dead hand is still living? A recent trust case prompts the macabre metaphor. Continue reading

Capacity at Issue? Consider Making a Video

Video_135848805When you’re preparing a will or trust for someone for whom capacity might later be raised as an issue, you have a potentially powerful tool that can help avoid later disputes: video. There’s nothing like a judge seeing a competent person discussing the disposition of his or her estate to knock the wind out of claims of incapacity. Continue reading

When to Get a Neuropsychologist on the Case

149463035When there are issues involving your client’s capacity or the existence of undue influence, you may want to get a neuropsychologist on the case to perform assessments and/or act as an expert witness. Continue reading

Is a Conservatorship Needed?

Another sad family drama is playing out in public because of its connection to a celebrity: Forbes.com reports that actress Reese Witherspoon’s mother is suing to annul the bigamous marriage entered into by her husband, Reese’s father, Dr. John Witherspoon. Reese’s mother fears that her father is suffering from early-onset dementia and claims to be using this lawsuit to protect him from his new “wife.” As the article explains, suing to annul the marriage may not be the best way to protect Dr. Witherspoon; instead, this may be an appropriate situation for a conservatorship. Continue reading

Greed, Elder Abuse, or Both?

A lottery win has spawned a financial elder abuse claim: A mother is accusing her son of stealing her $51 million lottery jackpot. As ABCnews.com reports, financial elder abuse is a growing problem and, this lottery case notwithstanding, often in the shadows because the elderly are too embarrassed to admit they’ve been scammed. Continue reading

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