Elder Law Issues
Attorney And Innocent Client Killed Over $100,000 Will Error
MARCH 22, 1999 VOLUME 6, NUMBER 38 Walter V. Shell, a 71 year old man from Johnson City, Tennessee, blamed attorney John D. Goodin for a mistake in Shell’s ex-wife’s will. Last Thursday Shell tracked the lawyer down and shot him in the head. Lawyer Goodin, 81, was a well-known lawyer in Tennessee. He had
Surviving Parent Not Entitled To Custody Of Disabled Child
MARCH 15, 1999 VOLUME 6, NUMBER 37 Parents of minor children are usually entitled to have custody of those children. In a divorce proceeding the court will decide which parent should retain custody of the child, or whether custody should be shared. Of course, those proceedings are often hotly contested and may result in bitterness
Will Contest Loses, But Friends Not Charged With Legal Fees
MARCH 8, 1999 VOLUME 6, NUMBER 36 Lavina Kessler was 99 years old when she died in 1996. The Washington State woman left an estate of $2.4 million, including several parcels of valuable real estate. She also left a series of five wills and an expensive will contest proceeding. Ms. Kessler had known Frances and
Living Trusts Are Valuable Tools Alright, But Watch That Pitch
MARCH 1, 1999 VOLUME 6, NUMBER 35 “Since the Revocable Living Trust avoids the expensive and lengthy legal process known as ‘probate’” proclaims a national insurance sales agency in its brochure, “it is fast replacing the Last Will and Testament as the preferred method for asset distribution.” Elsewhere, the same insurance agency promises that the
Grandparents Given Visitation Rights After Death of Daughter
FEBRUARY 22, 1999 VOLUME 6, NUMBER 34 Gayla and David Dodge were married in 1988. In the first two years of their marriage, the couple had two daughters, Tori and Kacy. Shortly after Kacy’s birth, Gayla Dodge was diagnosed as suffering from kidney disease. Over the next three years, Gayla Dodge was in and out
Nursing Home May Be Liable For Punitive Damages In Death
FEBRUARY 15, 1999 VOLUME 6, NUMBER 33 The Connerwood Healthcare nursing home in Indiana had a history of problems with the care it provided to residents. Jeffrey Barcus was admitted to Connerwood in October, 1995, and his mother, Jennipher Forte, later alleged that the quality of care at Connerwood was what led to his death.
Bills Pending In AZ Legislature Would Affect Seniors’ Care
FEBRUARY 8, 1999 VOLUME 6, NUMBER 32 In the first four months of each year, the Arizona legislature meets to consider possible changes in Arizona law. Usually a handful of the legislature’s ideas impact seniors and their support network. New laws introduced so far this year would bring mostly small, but good, changes. A few
Placing Home And Accounts In Child’s Name May Be Mistake
FEBRUARY 1, 1999 VOLUME 6, NUMBER 31 When Vera Smith first came to our office, she was looking for help with her estate plan. She had heard about living trusts and knew that she wanted to avoid probate on her death, but wasn’t sure whether the explanations she had heard applied to her situation. When
Three Common Myths About Paying For Nursing Home Care
JANUARY 25, 1999 VOLUME 6, NUMBER 30 The possibility of nursing home placement terrifies many seniors and their families. The specter of loss of control and dignity is part of the problem, but financial concerns may also be overwhelming. It does not help that accurate information is so difficult to obtain. Myths about nursing home
Father’s Promise To Establish Trust Enforceable After Death
JANUARY 18, 1999 VOLUME 6, NUMBER 29 Jack and Frankie Bemis were divorced in Nevada in 1972. At the time, Jack was expecting a distribution from a California trust within the year. As part of the divorce settlement, he agreed (and was ordered) to set up a $25,000 trust for the benefit of the couple’s
Special Needs Trust Created Too Late; Funds Go To State
JANUARY 11, 1999 VOLUME 6, NUMBER 28 Virgil Lamont Hamilton, a California child, was injured in a tragic swimming pool accident in 1982. Hamilton suffered severe brain damage, and will require total care and extensive medical treatment for the rest of his life. Since the accident, Hamilton has lived in a California state institution, Agnews
Medicaid Recovery Claimed Even After Death of Spouse
JANUARY 4, 1999 VOLUME 6, NUMBER 27 About half the cost of all nursing home care in this country is paid by the federal-state Medicaid program. The program is available to individuals who have reduced their assets below $2,000 (not counting homes, autos and a handful of other exempt assets). When the nursing home resident
Virginia Woman’s Gift of Home Not Changed By Later Will
DECEMBER 28, 1998 VOLUME 6, NUMBER 26 It frequently happens that elderly individuals are encouraged to give away all of their property to family members or others. Often, the expectation is that the recipient will “take care of” the elderly person, and distribute the property according to their wishes upon death. The senior is usually
Eligibility and Benefits Limits Will Increase For Government Programs
DECEMBER 14/21, 1998 VOLUME 6, NUMBER 24/25 At the end of each calendar year, as most people realize, Social Security and other government benefits are adjusted based on increases in the cost of living. This year, Social Security’s automatic cost of living adjustment amounts to 1.3%. Interestingly, that figure is tied with the 1986 increase
Iowa Woman Sues Insurance Agent For Error In Estate Plan
DECEMBER 7, 1998 VOLUME 6, NUMBER 23 Lois Rieger worked in the same office building as Don Jacque. Rieger was a real estate agent, and Jacque sold insurance; Rieger helped Jacque in several real estate transactions over the period of their acquaintance. Jacque expressed his concern that Rieger had not adequately prepared her own estate
Washington Divorce Set Aside Based On Fraud By Decedent
NOVEMBER 30, 1998 VOLUME 6, NUMBER 22 Two weeks ago, Elder Law Issues reported on the case of Jessie Lee Anderson and Orange Pierson, a married couple who had separated forty years ago and both remarried (see Volume 6, Issue 20). Upon Ms. Anderson’s death, Mr. Pierson attempted to claim his rights as surviving spouse, but
Though Often Helpful, Reverse Mortgages Sometimes Abused
NOVEMBER 23, 1998 VOLUME 6, NUMBER 21 “Reverse mortgages” can be a wonderful tool for keeping a frail elder at home, or for making a home stay more comfortable. Like so many good things, they can also be abused. Typically, a reverse mortgage is a mechanism to permit a cash-short senior to liquidate a portion
Bigamous Spouse “Estopped” From Claiming Share of Estate
NOVEMBER 16, 1998 VOLUME 6, NUMBER 20 Jessie Lee Anderson died in California in 1996. Ms. Anderson had not prepared a will, and so her estate would pass to her heirs at law. Under California law as it applied to her circumstances, that would normally mean that half her estate would go to her family,
Estate Closed, But Bonding Company Still Liable On Claim
NOVEMBER 9, 1998 VOLUME 6, NUMBER 19 Louella Starkweather, a California resident, died in 1994. She was apparently not receiving care from the state’s Medicaid program (called “Medi-Cal” in California) at the time of her death, but had received Medi-Cal assistance for almost 18 years ending two years before her death. The total amount of
State Veterans Agency Accused Of Mishandling Fiduciary Unit
NOVEMBER 2, 1998 VOLUME 6, NUMBER 18 In 1974, Arizona’s legislature took the unusually progressive step of creating a public agency to act as guardian and conservator for disabled residents who have no family or friends to take over their personal and financial decision-making. In the nearly quarter-century since, Arizona’s Public Fiduciary offices have developed
Kansas Doctor Convicted of Murder in End-Of-Life Cases; Reversal On Appeal
OCTOBER 19/26, 1998 VOLUME 6, NUMBER 16/17 Terminally ill patients often experience considerable, intractable pain from their illness. Adequate management of that pain, usually by painkilling medications, is a continuing concern of individual physicians and the entire medical community. In sufficiently large doses, painkilling medication often suppresses the respiratory system and may actually accelerate the
Relatives Who Arranged For Trust Are Sued for Interference
OCTOBER 12, 1998 VOLUME 6, NUMBER 15 James Graham and Louise Loehr made an unusual deal in 1987. The two Missouri residents agreed that Graham would move in with Loehr, be introduced as her “man” or “man friend,” and act as both her real estate agent and personal companion. In return, Loehr would agree to
Adoption of Adult Niece Does Not Permit Double Inheritance
OCTOBER 5, 1998 VOLUME 6, NUMBER 14 It is possible in many states (including Arizona) for one adult to adopt another adult. In the most common instances, a stepparent will adopt his or her spouse’s adult child, often after having raised the child from an early age. Occasionally, however, adult adoption is used for other
Two Years Later, Widow Must Pay Husband’s Hospital Bill
SEPTEMBER 28, 1998 VOLUME 6, NUMBER 13 When Thomas Caldwell became ill, he was taken to the local hospital in Lake Havasu, Arizona. When his illness turned out to be too serious for the regional medical center, he was transported to Phoenix’ Good Samaritan Hospital. His wife Delores Caldwell was asked to sign the admission
Stroke, Paralysis Do Not Prevent Revocation of Will
SEPTEMBER 21, 1998 VOLUME 6, NUMBER 12 Many court cases deal with the level of capacity required to make a valid will. From Maryland now comes a case dealing with the capacity to revoke an existing will. Doris and Max Showe married in 1978. Both had been married before; Doris had one son (William) and
“No Contest” Clause In Will Requires Court Interpretation
SEPTEMBER 14, 1998 VOLUME 6, NUMBER 11 James Ferber knew something about probate proceedings. The California man had been personal representative for his father’s estate, and did not have positive feelings about the proceeding. Due to several family quarrels (and one lawsuit filed against James over his handling of the probate), the estate was open
Organ Donation Mistake Does Not Give Rise To Legal Liability
SEPTEMBER 7, 1998 VOLUME 6, NUMBER 10 Heather Lynn Ramirez died after a tragic one-car accident on March 22, 1995. Prior to her death, she had been transported to Tucson Medical Center, one of Tucson’s more prominent hospitals. Shortly after her death, a TMC social worker approached the family about the possibility of donating some
Changes In Arizona Law Affect Elders, Children’s Estates
AUGUST 31, 1998 VOLUME 6, NUMBER 9 Last week in Elder Law Issues we reported on changes in Arizona’s law governing durable powers of attorney. We explained that financial powers of attorney must now include specific language and provisions, or they may be invalid. The change was one product of the annual legislative session, completed
Arizona Powers of Attorney Must Meet New Requirements
AUGUST 24, 1998 VOLUME 6, NUMBER 8 This month, two new laws governing powers of attorney became effective in Arizona. While the changes will not have much effect on existing powers of attorney, they may make new documents invalid, particularly when computerized forms (or forms prepared by lawyers who have not kept abreast of the
California Nursing Home Is Charged With Abuse, Neglect
AUGUST 17, 1998 VOLUME 6, NUMBER 7 A nursing home in the Sacramento, California, area is the latest to be targeted for abuse and neglect of its elderly residents. Ironically, the new reports of mistreatment come on the heels of a federal government study which pointed to severe shortcomings in the regulation of California nursing