Elder Financial Abuse is one of the fastest growing crimes in America.
Here is a shocking statistic: According to the National Council on Aging, more than one in ten seniors are victims of elder financial abuse each year. One in 10 translates into a staggering 5 million people.
Here is another shocking statistic: Only one in 44 cases of abuse is ever reported.
Elder financial abuse is generally a silent crime whose victims are unable to speak out. I see it every day in my law practice. Through this podcast – Tales of Elder Financial Abuse – I hope we can start to turn the tide. To stop elder financial abuse, we first need to know how to spot elder financial abuse.
This podcast will put a spotlight on elder financial abus[...]
The death of Miami Marlins pitcher Jose Fernandez is a tragedy felt across our country. His death is particularly tragic for his girlfriend, who is also pregnant with their first child. If Fernandez, 24 years old, was like most people his age, he did not have a will. Time will tell. In the meantime, the question has been asked whether his unborn child will inherit his fortune.
I’ll start with a caveat to my answer. I am not a Florida lawyer and I hope that a Florida lawyer will address this. I can speak as to what would happen in California. California law provides “Relatives of the decedent conceived before the decedent’s death but born thereafter as if they had been born in the lifetime of the decedent.” It the decedent was unm[...]
It’s 2016. It’s been 22 years since DNA technology captured the world’s attention in the O.J. Simpson murder case. The death of Prince and the possibility that he died without a will or trust is capturing world attention in an entirely different way. People are coming forward claiming that Prince is their father and they want a DNA test to prove it.
A Minnesota judge has authorized the release and analysis of Prince’s blood to the DNA Diagnostic Center for testing. Just what could this mean? While Minnesota law allows for blood and genetic tests it also has a statutory scheme that address the determination of the father and child relationship in cases where the alleged father has died. If and when a genetic match is made betwee[...]
Today, just six days after the death of Prince, a number of news outlets report that Prince’s sister is filing legal documents requesting that she be appointed the special administrator of her brother’s estate. What does this really mean?
If Prince died without a Will then his assets that are not otherwise disposed will pass by way of Minnesota’s laws on intestate succession. Since Prince did not have a child, spouse or surviving parents Prince’s estate will be divided between his surviving siblings.
News stories suggest that Prince had sophisticated legal and financial advisors over his professional life span. Given this level of advice, it is extremely unlikely that Prince did not have a Trust that held or would hold his ass[...]