Wealth and Honor

Helping Families Navigate the Financial Challenges of Age Transitions

Category: Lawsuits (page 1 of 2)

5 Reasons I Regret Filing A Will Contest

When a family member has died, it can add insult to injury to learn that you were cut out of the will. Contesting the will is likely an initial thought. We talked to people who have filed will contests, and came up with the top 5 reasons I regret filing a will contest. … Read the rest

Not So Green Acres

In this episode of The Case Files, I profile a 2010 Texas case involving a daughter’s misappropriation of her deceased father’s trust funds as well as her aging mother’s personal assets. The characters from the 1960s sitcom Green Acres provide a little humor to an otherwise serious situation.… Read the rest

Casey Kasem children settle their wrongful death case against his wife

Kerri, Julie and Mike Kasem have asked a judge to dismiss their wrongful death lawsuit against their stepmother, Jean Kasem, 64, as part of a settlement after a four-year legal feud.

While these cases make the headlines due to the celebrity status of the parties and the amount of money involved, dramas like this for much smaller amounts happen all too frequently.… Read the rest

Former rugby star accuses brother of mismanaging family trust

In yet another case of family member trustees gone wrong, Former St George Illawarra Dragons star Mark Gasnier has accused his brother of taking funds from a family trust as part of a long-running dispute.

Mark Gasnier and his brother Dean, are co-trustees of a family trust apparently established by their parents.… Read the rest

Prior Correspondence: A Key Tool in Preparing Your Estate Dispute Case for Trial | Estate Conflicts

Attorney Brett Hebert, with the national law firm, Gordon Rees, recently wrote an article on the firm’s blog regarding the admissibility of certain correspondence in estate litigation cases.

A typical situation we see involves an elderly person who begins to show signs of losing mental capacity.

Read the rest

FL Supreme Court disbars lawyer for mismanagement of elderly client accounts.

In a case just decided by the Florida Supreme Court, attorney Dennis Horton was disbarred for mismanaging client funds. This case is profiled in a new episode of The Case Files.

Click here for a full text of the court’s decision.Read the rest

Healthcare Surrogates can’t agree to Arbitration 

Standing as a health surrogate doesn’t allow appointees to enter into nursing home arbitration agreements or other business agreements with providers, a Florida appeals court has ruled.

At issue was a nursing home attempting to force claims by a deceased resident’s estate into arbitration since one of the healthcare surrogates had signed an arbitration agreement during admission of the resident.… Read the rest

Attorneys Suspended for Mismanagement of Elderly Clients Money

In a case that speaks of the importance of choosing a qualified trustee who has proper internal controls and procedures, and who is governed by an appropriate regulatory body, The Ohio Supreme Court suspends two attorneys for one year after they negligently managed an elderly woman’s affairs.… Read the rest

Another Case of Sibling Rivalry

An Indiana Court of Appeals opinion underscores the importance of accountings in trust administration, but also raises questions about why families place siblings in adversarial positions to begin with.

According to an article posted by the Indianapolis law firm of Faebre Baker Daniels,  the original case involved three siblings, Scott, Jeff and Stacey – and arose after Scott and Jeff began to question some of Stacey’s actions as trustee of their respective trusts – specifically, her handling of the trusts’ joint ownership of multiple parcels of real property.… Read the rest

Did you sign up for this when you agreed to be trustee?

In the Matter of DREXEL ANDREW BRADSHAW, Attorney Drexel Andrew Bradshaw was charged with five counts of misconduct related to his position as the successor trustee of a client’s trust and his involvement with a construction company that repaired the client’s home.… Read the rest

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