Lafayette Estate Litigation Blog

What makes an elderly person more open to financial abuse?

On behalf of Pedder, Hesseltine, Walker & Toth, LLP posted in financial abuse on Friday, November 9, 2018.

Those who commit financial abuse pick their targets carefully. They look for certain signs that show them that it will be easier to get what they want.

For family members of elderly relatives who receive assistance from caregivers, it is important to look for these same signs that may indicate that the person is being abused financially. This abuse could come from a caregiver or another family member. Some warning signs include the following:

The person is physically not in optimal health. This makes them vulnerable to exploitation from caregivers who threaten to withhold services unless they get what they're seeking.
The person cannot take care of their own home. Some experts warn that repair workers may take advantage of elderly people by claiming that repairs need to be done when they do not, or by claiming they made repairs that they never made.
The person has mental and emotional challenges. The elderly person may suffer from dementia or be confused and forgetful due to another degenerative brain disease. People who are close to them may use this for their own gain.
The person does not know much about their own finances. A caregiver may be in charge of paying bills and handling money. If the elderly person doesn't know about their own financial situation, that can open the door to abuse.

What are some of the main reasons people contest a will?

On behalf of Pedder, Hesseltine, Walker & Toth, LLP posted in will contests on Friday, October 26, 2018.

A will is supposed to express the final wishes of the person who passed away. It is their last chance to influence what is done with their estate. It can divide assets between the children, leave assets to charity or give other instructions for what is to be done with the deceased's physical or financial property.

However, when heirs read the will, they may have a right to contest it. This right extends to those named in the will and those who may have been cut out of a previous will. What are some of the reasons for a challenge?

Can taking a video of a will help eliminate estate disputes?

On behalf of Pedder, Hesseltine, Walker & Toth, LLP posted in general estate litigation on Friday, October 12, 2018.

Estate disputes often revolve around some indication that the will may not represent the person's true desires. For instance, an heir may contest that:

The person did not have the mental capacity to sign the will
Another heir forged the will
The person was forced to sign the will

One tactic to avoid this is to get a videographer for the day that the will is signed. The footage can show the person's mental capacity -- it's wise to add in a conversation before or after the signing to demonstrate the person's mental capacity at that time -- and it can show that he or she really did draft and sign that specific will. It can also show that the person did it without duress, which they can attest to in the video.

Predisposing factors for undue influence

On behalf of Pedder, Hesseltine, Walker & Toth, LLP posted in undue influence on Friday, September 28, 2018.

Some people are more likely to be swayed by undue influence than others. While these cases almost always target someone who is already fragile due to age or sickness, for instance, that does not mean all targets are equal.

Part of understanding when and how undue influence occurs lies in looking at what factors make it easier for someone to be manipulated. A few common examples include the following:

The person is suffering from depression. This may lead them to feel like they really do not care what happens with their estate. They may also become withdrawn, meaning they are primarily influenced by just one person.

A spouse already passed away. People sometimes become more vulnerable when they no longer have a spouse to support them. That person influenced them the most before, but now someone else can step in to fill that void.

The person has high anxiety. They also might feel nervous and over-concerned. The person carrying out the manipulation may be able to prey on this anxiety and twist the way the other individual feels.

The person suffers from a diminished mental capacity. This is perhaps the most common circumstance. For instance, an elderly person with dementia may struggle to make prudent decisions on their own. This makes it very easy for someone else to come in and make those decisions for them, guiding their actions. They never even realize that it is happening.

Contesting a will can be a stressful affair

On behalf of Pedder, Hesseltine, Walker & Toth, LLP on Friday, September 28, 2018.

You never pictured yourself in situation where you would have to fight out an issue with your loved ones in a courtroom. However, after the death of a close family member, you found yourself concerned over the contents of his or her will. Once you voiced your concerns, you encountered contention from your loved ones that you did not expect.

Now, you feel a duty to make sure that the executor carries out your loved one's true wishes or, at the very least, that you receive your rightful inheritance. If so, you may have to consider filing a dispute against the estate, which can lead to litigation. Of course, this type of step should not be taken lightly.

California responds to the increased risk of financial abuse

On behalf of Pedder, Hesseltine, Walker & Toth, LLP posted in financial abuse on Friday, September 14, 2018.

California's fine weather and social protections make it a destination for more and more people. Senior citizens are flocking to the Golden State in unprecedented numbers to live their golden years in comfort and safety. Regrettably, some challenges remain for these Californians.

Although physical and emotional abuse are always priorities for prevention, elder citizens and other at-risk populations face assaults on their finances as well as their health and dignity. People who live alone, reside with their families or spend their time in nursing homes or assisted living facilities may be victims of fraud or undue influence.

What is a no contest clause?

On behalf of Pedder, Hesseltine, Walker & Toth, LLP posted in will contests on Friday, August 31, 2018.

Some people go to extreme lengths to keep others from fighting over their estate. They may worry that someone is going to challenge the will, and they'll include a "no contest" clause. What is this and how does it work?

As you can probably guess from the name, it attempts to make it impossible for someone to contest the will, at least without risk. The clause usually says that anyone who does so will be completely disinherited if they lose the challenge.

Surprises can cause sibling estate disputes

On behalf of Pedder, Hesseltine, Walker & Toth, LLP posted in general estate litigation on Friday, August 17, 2018.

Many parents do not talk about estate planning with their children. Even so, the children may have certain things that they expect or that they have been counting on.

As such, when the estate plan includes significant surprises, it can often lead to disputes. The plan simply does not match up with their expectations, even if those expectations were never grounded in reality.

What is undue influence and how can it be avoided?

On behalf of Pedder, Hesseltine, Walker & Toth, LLP posted in undue influence on Friday, August 3, 2018.

A study published in 2015 by True Link Financial suggested that the elderly lose as much as $36.48 billion annually in financial exploitation schemes. As many as two million Americans may be manipulated into giving others access to their assets each year.

The most common types of manipulation approaches that schemers use when dealing with this population is 'undue influence.' Mentally and physically ill individuals are particularly vulnerable to this type of manipulation that it often involves excessive demands being made, individuals being put under duress or being deceived.

Family conflicts can easily lead to probate litigation

On behalf of Pedder, Hesseltine, Walker & Toth, LLP on Thursday, August 2, 2018.

After the death of a loved one, it can be a difficult time for many surviving family members. You may find yourself often reminiscing about the good times you shared with your loved one and likely also hoping that he or she left you some type of property as part of the estate plan that can give you a personal asset to hold onto for sentimental reasons.

While you may feel fine with receiving a small item, other individuals may not feel as content with such an outcome. In fact, family disputes over the contents of a will commonly take place during the probate proceedings. As a result, many inheritances can dwindle due to the need to cover litigation costs and other expenses.