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Estate Planning › Wills › Elder Abuse

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Winstead PC

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

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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?

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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

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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

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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

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– 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?

Smith Debnam Narron Drake Saintsing & Myers,... on

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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