In a 2009 study, Metropolitan Life Insurance Company reported on the growing incidence of Elder Financial Abuse [ http://www.metlife.com/assets/cao/mmi/publications/studies/mmi-study-broken-trust-elders-family-finances.pdf ].  The report found that the majority of Elder Financial Abuse is committed by those that the elderly rely on and should be able to trust. The breakdown of the top four perpetrator groups was as follows: care givers – 20.9%, trusted professionals – 18, family – 16.9% and nursing home and assisted living facilities 7.3%. 

Frequently when children or other family members review the will or trust documents of their deceased parent or loved one they discover that the bequests and gifts are not as they had expected based upon prior wills and trusts of the decedent or what the decedent had told them would be done.  At that point counsel can commence discovery proceedings to determine the circumstances under which the will was executed, whether the decedent had the capacity to make a will, whether undue influence was used upon the decedent to cause the will to benefit those who received bequests under the will. 

Financial abuse of an estate may also include an executor or administrator who has appropriated estate funds or other assets to his or her personal benefit.  The accounting by the executor or administrator that is required to be filed with the Surrogates Court can be challenged if an interested party believes that it is incorrect.

Many trust and estate lawyers and many elder lawyers are not litigators.  If you think that a will, trust or accounting should be challenged, be sure to retain a lawyer who has litigation experience and knows how to effectively build and prove a case.      

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In our blog we will share our thoughts and knowledge on issues related to Estate Planning, Elder Law, Probate and Estate Administration.    We will provide updates when applicable law changes in these fields, whether by new legislation or recent trial court or appellate court decisions.  We will also provide updates on recent developments and trends occurring in our areas of practice.  We will explore the types of documents that every family needs in order to put in place plans that will protect family assets and that will allow you to make life choices rather than having the government dictate its standard.  You will find out that the planning and documents that we provide are needed by all adults, no matter what their age.

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