Category Archives: Elder Abuse

Virginia Supreme Court Issues New Estate Dispute Opinion

Back in June of this year, the Virginia Supreme Court handed down a ruling in an estate dispute case that, while it didn’t particularly break new legal ground, provides a helpful overview of the current state of Virginia law regarding Virginia’s Slayer Statute as well as claims contesting a deed of gift on the basis of undue influence. In Gelber v. Glock, 293 Va. 497 (2017), the Virginia Supreme Court reviewed rulings of the trial court in a case involving allegations by several of the decedent’s children that, among other things, their sister wrongfully induced their mother to execute a …

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Recognizing Signs of Elder Abuse (and Traits of Elder Abusers)

My goal in this blog post is to discuss character traits of elder abusers so that you can recognize them and hopefully protect yourself, your family, and your friends. I’ve handled over 100 estate disputes, and in a sizeable number of those cases, elder abusers committed an array of unethical actions including isolating, threatening, and pressuring elderly people to change their estate plans. I previously wrote a lengthy blog post that discussed the signs of undue influence of elders. That blog post can be found by clicking here. By contrast, this blog post focuses on the character traits of elder abusers. …

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Confronting Caretaker Abuse & Misconduct

While most caretakers for sick and elderly people are honest, occasionally families and friends are forced to deal with a dishonest caretaker who steals a person’s money; pressures him to change a will, trust, or power of attorney; pressures him to sign a deed; isolates him from family members, etc. A recent article highlights this unfortunate fact: A Newport News [Virginia] woman will serve a fraction of a 30-year prison sentence for stealing $30,000 from a woman she cared for. Michele Lee Conley, 43, received three-year prison sentences for 10 counts of forgery and uttering after she tricked a 92-year-old …

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Recognizing Signs of Undue Influence

Undue influence over elderly persons, disabled persons, and others is a large problem, which will only get worse as American society increasingly ages and the baby boomer generation prepares to transition large sums of wealth via their estate plans. It’s important for every family member, friend, neighbor, business colleague, etc., to be aware of the signs of undue influence so that they can protect their family members, friends, and associates. The law in Virginia (like the law in most states) defines undue influence as influence “sufficient to destroy [the] free agency” of a person. Jarvis v. Tonkin, 238 Va. 115, …

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Posted in Disinheriting Family Members, Elder Abuse, Elder Law Disputes, Undue Influence \ Comments Off on Recognizing Signs of Undue Influence