Father Disinherited From Son’s Estate For Abandonment
A child — particularly a minor child — can inherit a share of an absent parent’s estate even after abandonment by the parent. But what about the less common circumstance of a child dying young. Will abandonment by a parent prevent the parent from inheriting from the child’s estate? Brandon’s story In 1989 a child […]
Murder-Suicide Case Leads to Complex Probate Claim Analysis
APRIL 25, 2016 VOLUME 23 NUMBER 16 It was a horrible, tragic story. In June, 2012, Phoenix resident James Butwin killed his wife and three children, drove the family car to a remote area in the desert, set the car on fire and killed himself. News stories soon revealed that the couple were enmeshed in […]
Nursing Home Arbitration Provision Voided in Arizona Case
FEBRUARY 1, 2016 VOLUME 23 NUMBER 5 A recent series in the New York Times chronicled the increasingly common practice of including arbitration agreements in all sorts of consumer contracts. The series noted that such provisions are often buried in the fine print of everything from job applications to car rentals to nursing home admission […]
Nursing Home Arbitration Agreement May Not Be Enforceable
NOVEMBER 17, 2014 VOLUME 21 NUMBER 42 If you have recently signed a family member (or a friend, or yourself) into a nursing home or other care facility, you probably have been presented with an agreement to submit all disputes to arbitration. Such provisions are very popular among the facilities themselves, though most individuals who […]
What is the Value of a Senior’s Life?
SEPTEMBER 6, 2010 VOLUME 17 NUMBER 28 The question addressed in a ruling last month by the Arizona Court of Appeals seems provocative. In a lawsuit based on the Arizona law prohibiting abuse, neglect or exploitation of vulnerable adults, does the very life of the abused senior have any intrinsic value? The Court’s answer: perhaps, […]
Wrongful Death Claim Not Available to Decedent’s Estate
DECEMBER 30, 2002 VOLUME 10, NUMBER 26 Doctors decided they needed to implant a pacemaker in Yaeko Otani, age 81. Had the surgery been successful, she would have had a life expectancy of another eight years. Tragically, surgeon David Broudy accidentally punctured her aorta during the surgery, and she died without ever regaining consciousness. Ms. […]
Probate Court Lacks Authority To Seize Lawyer’s Property
OCTOBER 8, 2001 VOLUME 9, NUMBER 15 Probate, guardianship and conservatorship proceedings can be difficult to navigate. Most people utilize lawyers to help with the process, and are well served by having legal representation. Lawyers often serve as protectors of the beneficiaries of those proceedings, and help steer individuals away from mismanagement of estate funds—or […]