Attorney Brett Hebert, with the national law firm, Gordon Rees, recently wrote an article on the firm's blog regarding the admissibility of certain correspondence in estate litigation cases. A typical situation we see involves an elderly person who begins to show signs of losing mental capacity. Then an unscrupulous person “enters” the life of the … Continue reading Prior Correspondence: A Key Tool in Preparing Your Estate Dispute Case for Trial | Estate Conflicts
In a case just decided by the Florida Supreme Court, attorney Dennis Horton was disbarred for mismanaging client funds. This case is profiled in a new episode of The Case Files. https://youtu.be/WlqHhFpuJaI Click here for a full text of the court's decision.
Standing as a health surrogate doesn’t allow appointees to enter into nursing home arbitration agreements or other business agreements with providers, a Florida appeals court has ruled. At issue was a nursing home attempting to force claims by a deceased resident's estate into arbitration since one of the healthcare surrogates had signed an arbitration agreement … Continue reading Healthcare Surrogates can’t agree to Arbitration
In a case that speaks of the importance of choosing a qualified trustee who has proper internal controls and procedures, and who is governed by an appropriate regulatory body, The Ohio Supreme Court suspends two attorneys for one year after they negligently managed an elderly woman's affairs. Cleveland Metro. Bar Assn. v. Zoller and Mamone … Continue reading Attorneys Suspended for Mismanagement of Elderly Clients Money
An Indiana Court of Appeals opinion underscores the importance of accountings in trust administration, but also raises questions about why families place siblings in adversarial positions to begin with. According to an article posted by the Indianapolis law firm of Faebre Baker Daniels, the original case involved three siblings, Scott, Jeff and Stacey – and … Continue reading Another Case of Sibling Rivalry
In the Matter of DREXEL ANDREW BRADSHAW, Attorney Drexel Andrew Bradshaw was charged with five counts of misconduct related to his position as the successor trustee of a client’s trust and his involvement with a construction company that repaired the client’s home. The case demonstrates the liability exposure that fiduciaries have and the extent to … Continue reading Did you sign up for this when you agreed to be trustee?
Wealth and Honor is a website dedicated to helping families navigate the financial challenges of age transitions. The site now has a YouTube Channel to host "edutainment" videos featuring non-legal commentary on actual court cases involving will disputes, elder financial abuse, estate litigation, fiduciary liability, and other issues of aging, death, and wealth. Court transcripts … Continue reading The Case Files – Episode 1: “Fool me once, shame on you…”