Family and friends of a 91-year-old man who lived alone sensed something was wrong. They, however, ignored their gut feeling and failed to confirm his wellbeing. Meanwhile, the man was neglected and bilked to the tune of almost $1 million in less than two years by his caregiver. The court in this case, Angelina Alhadi v. Commissioner of Internal Revenue, describes the man’s family efforts in overseeing his welfare: Dr. Marsh [91-year-old man] wasn’t yet wholly isolated. He’d always been … [Read more...]
Trans Sood Law Firm Blog
The topics on this blog focus on the personal, financial, and health care matters of older adults during life and their legacies after death. We will discuss alternatives to litigation; including mediation and collaborative solutions for resolving conflicts relating to elders’ care, as well as discussions specific to dementia and Alzheimer’s resources.
In addition to possibly being liable for twice or more the amount gained from financial elder abuse, a person committing financial elder abuse is also liable for paying taxes on the gain procured by the abuse. The Internal Revenue Service sued caregiver Angelina Alhadi for, among many other claims, her failure to report and pay taxes on the unlawful incomes of $451,891.05 in year 2007 and $474,983.22 in year 2008, which were obtained from committing financial elder abuse against the 91 year … [Read more...]
Since his death at the age of 81 in 2009, the widow and two children of Don Callender (Don), founder of Marie Callender’s restaurant chain, have battled in court for a larger slice of inheritance pie left behind by Don. YOUR SENSE OF FAIRNESS Without knowing the facts and laws, choose one or more scenarios from below that seem fair to you regarding distribution of assets in this case: Half of the assets to the widow and the other half to be shared equally between the two … [Read more...]
The exposures to financial loss and possible criminal prosecution far exceed the properties gained from committing undue influence or fraud against an elder. The focus of many lawsuits is to recover what was lost, such as a real property, future earnings, or a business’ goodwill. In legal jargon, the recovery of actual loss is commonly known as actual damages. In addition to actual damages, certain legal claims allow additional recovery as penalty, which can be double or triple the actual … [Read more...]
Probate, just as any other court proceedings, involves a variety of expenses. Probate expenses are divided into two categories: costs and fees. PROBATE COSTS Costs include court filing fees, postages, fees of appraiser, and other incidental costs. In a probate process with minimal contention and no litigation, the average total costs are usually less than $3,000. PROBATE FEES Fees are paid for services provided by court appointed fiduciary commonly known as executor, administrator, or … [Read more...]