Elder Law

Lesson Learned from Astor Trial: Document Client’s Mental Capacity

Once upon a time, New York estate practitioners only had to worry about potential civil litigation if there was a problem with a will they drafted. But after the high-profile criminal conviction earlier this month of a lawyer who represented heiress Brooke Astor before her death at age 105, attorneys…

Oct 26, 2009 4:42 PM CDT

Court Fines 2 Cos. $6.4M for Unauthorized Law Practice, Bans Them From State

The Ohio Supreme Court has fined two “trust mill” companies $6.4 million for the unauthorized practice of law and banned them from doing business in the state. Its ruling this morning imposed $6,387,990 in penalties against American Family Prepaid Legal Corporation; Heritage Marketing and Insurance Services Inc.; and co-owners Jeffrey…

Oct 14, 2009 8:36 PM CDT

Jury Gets Case: Did Astor’s Son & Lawyer Try to Defraud Estate of $60M?

Following a five-month trial, a New York jury is finally deliberating the criminal case against a son of socialite Brooke Astor and one of her attorneys. They are accused by prosecutors of defrauding her estate of some $60 million by tricking the senile heiress into making changes to her will.…

Sep 22, 2009 11:13 PM CDT

Astor’s Will Codicil Was Forged, Testifies Handwriting Expert

A 2004 codicil to Brooke Astor’s will was forged, a handwriting expert testified today in the 15th week of a high-profile Manhattan criminal trial against the deceased New York society matron’s son and an estate attorney. Four inconsistencies left him in “absolutely no doubt,” said forensic document examiner Gus Lesnevich,…

Aug 5, 2009 10:55 PM CDT

Where the Work Is

Lawyers recommend these practice areas in recessionary times

Aug 2, 2009 3:39 AM CDT

Estate Lawyers Seeing More Prominent Role, More Biz

Robert Louis, who co-chairs the wealth management and estates and trusts practice at Saul Ewing in Philadelphia, has found himself doing something unexpected. He’s fending off headhunters looking to poach lawyers from his practice group. It’s a sign that business is good and getting better, reports the Philadelphia Inquirer. So…

Jun 23, 2009 12:46 PM CDT

Top Illinois Court Axes Mandatory Retirement Law for State Judges

Siding with a Chicago judge who challenged a state law that requires jurists to retire at age 75, the Illinois Supreme Court ruled today ruled today (PDF) that the law violates the state constitution and struck it down. Cook County Circuit Judge William Maddux, who is the presiding judge of…

Jun 18, 2009 5:58 PM CDT

Man Allegedly Impersonated Dead Mom in Unusual Grand Larceny Case

In a case unusual both for its facts and its application of criminal law, a New York man was indicted today on 47 counts for allegedly impersonating his dead mother to collect some $115,000 in benefits. “Mark Twain said truth is stranger than fiction and this is a great example…

Jun 17, 2009 8:10 PM CDT

Lawyer Reports Twice as Many Calls About Elder Financial Abuse

Some lawyers say they are seeing more cases of financial abuse of the elderly, and the wrongdoers are often other family members. Sometimes children with power of attorney dip into a parent’s bank accounts, or they pressure a parent to change a will—the kinds of allegations taking center stage in…

Jun 16, 2009 6:30 PM CDT

Court Battle Over Peter Falk is Latest High-Profile Case Concerning Dementia

A beloved actor perhaps best known for hiding his keen detective skills under a bumbling police persona in the Columbo television series is now reportedly more than absent-minded in real life. The daughter and wife of 81-year-old Peter Falk are battling in court for control of his affairs, in one…

May 28, 2009 5:46 PM CDT

Former Judge Cleared in Fla. Probe of Woman’s $400K Gifts to His Family

A former Florida judge who made headlines when he presided over custody hearings concerning Anna Nicole Smith’s infant daughter has been cleared once again in a second state agency investigation of over $400,000 in gifts reportedly made to his family by an elderly woman. There were no indications of exploitation…

May 20, 2009 8:32 PM CDT

Did Son & NY Lawyer ‘Steal’ $60M from Socialite Brooke Astor’s Estate?

Prosecutors have accused the son of a famous New York socialite and her lawyer of siphoning $60 million from her estate by taking advantage of her diminished mental capacity to alter her will. But in dozens of wills Brooke Astor signed over a 40-year period beginning in 1953, she gave…

Apr 28, 2009 9:55 PM CDT

Elder Mediators Help Families Negotiate Tough Issues of Aging

Families negotiating difficult issues such as how to get Dad to give up his car keys or Mom to give up her house are using mediators to help with the conversation. Good mediators will help elderly parents be heard, National Public Radio reports. Baltimore lawyer and mediator Bob Rhudy told…

Apr 15, 2009 2:43 PM CDT

Booted from the ‘Money Train,’ Lawyer Happily Hangs Out Shingle

For years, David Koller had been following what he calls the money train, seeking the best—and highest-paying—jobs to help him advance in his career and pay “the nut” on his student loans. But his last leap to a new job, in 2007, wasn’t entirely a good fit. And, when the…

Apr 11, 2009 12:12 AM CDT

Does Helmsley Fortune Go to the Dogs? Trustees Will Decide, N.Y. Judge Says

A New York judge has ruled that trustees of a fund established under the will of hotel heiress Leona Helmsley have sole discretion to determine how much of her multibillion-dollar estate will go to the dogs. A mission statement filed in 2004 said that the first purpose of the Leona…

Feb 26, 2009 1:14 AM CST