Defendant In Medicaid Fraud Case Responds To Elder Law Issues
MARCH 25, 2002 VOLUME 9, NUMBER 39 On January 12, 2002, Elder Law Issues reported on the Medicaid fraud conviction of Massachusetts doctor Lorin Mimless (“States Vigorously Prosecute Medicaid and Medicare Fraud”). After his conviction Dr. Mimless filed an unsuccessful appeal with the Massachusetts Court of Appeals. Dr. Mimless read our report, and wrote to […]
Transsexual’s Marriage Ruled Invalid By State Supreme Court
MARCH 18, 2002 VOLUME 9, NUMBER 38 When Marshall Gardiner died in Kansas in 1999, he was survived by his wife of less than a year and his grown son. Mr. Gardiner left no will, but he did leave a legal controversy—whether his wife could inherit from his estate, since she had been born as […]
Antenuptial Agreement May Not Avoid Claim Against Estate
MARCH 11, 2002 VOLUME 9, NUMBER 37 Before David and Debra Pysell got married they signed an antenuptial agreement. When David Pysell died several years later without having written a will, Debra Pysell claimed a share of his estate. The executor of his estate objected, citing the antenuptial agreement, and the question ultimately had to […]
“Equitable” Adoption Denied In Absence of Evidence of Intent
MARCH 4, 2002 VOLUME 9, NUMBER 36 Terrold Bean was only one year old when he went to live with Arthur Ford and his wife in California. The Fords took in foster children for San Francisco, and Mr. Bean was one of the ten children they accepted over the years. As it turned out, he […]
Employer Pays Twice After Guardian Mishandles Funds
FEBRUARY 25, 2002 VOLUME 9, NUMBER 35 When Ashley Tatum’s father Ernest died Ashley was still a minor. Ernest Tatum had named Ashley as beneficiary on several retirement and life insurance accounts with his employer, BellSouth, and so Ashley’s mother Rosalyn Felder had to go to court to secure an appointment as guardian of Ashley’s […]
Court Dismisses Claim Alleging Neglect Of Mother-In-Law
FEBRUARY 18, 2002 VOLUME 9, NUMBER 34 Frances McMahon spent the last year of her life at Guardian Postacute Services, a Walnut Creek, California, skilled nursing facility. According to her family members, the care at the facility led to her early death; she allegedly suffered from malnutrition and dehydration, lost considerable weight, became bedridden and […]
Creditor Files Claim Against Parent’s Joint Tenancy Account
FEBRUARY 11, 2002 VOLUME 9, NUMBER 33 Ruth Libros, like many parents, wanted to make it easy for her children to manage her affairs if she became incapacitated. She also wanted to make sure there would be no costly or time-consuming probate proceedings upon her death. She decided one way to achieve both results was […]
Debts Not Forgiven At Death Without Proper Documentation
FEBRUARY 4, 2002 VOLUME 9, NUMBER 32 Virginia Lee Bessett was fond of Edwin Huson. Ms. Bessett loaned Mr. Huson money several times over a two-year period. For each loan, Mr. Huson signed a promissory note that Ms. Bessett held as evidence of the loan. Upon Ms. Bessett’s death, a sealed letter addressed to Mr. […]
Damages Upheld For Medicare “Whistle-Blower” Employee
JANUARY 28, 2002 VOLUME 9, NUMBER 31 When Illinois anesthesiologist Michael Brandon was fired he was sure it was in retaliation for his efforts to uncover possible Medicare fraud. He sued his employer, Anesthesia & Pain Management Associates, Ltd., and won a jury verdict. That was not, however, the end of the legal wrangling. Dr. […]
Unsuccessful Challenge Costs Claimant And His Attorney
JANUARY 21, 2002 VOLUME 9, NUMBER 30 Despite the popular notion that it is easy to attack a decedent’s estate plan, successful challenges are actually quite rare. It is seldom possible to mount a challenge just because the decedent’s plan seems unfair, or because the decedent “always wanted” some other distribution. In fact those who […]
