The recent death of Chicago Cubs great Ernie Banks made the news and now his estate is making the news but not for being a great baseball player or MLB standout. Anyone involved in financial exploitation, will contests, and estate disputes may want to read more about this recent case of a caretaker accused of getting a will signed just before death, and in the midst of Banks’ dementia.
Death Bed Wills, Dementia and Caretakers
- Family members of Ernie Banks are making strong accusations against his caretaker
- Did the caretaker of Ernie Banks coerce him to sign a deathbed will?
- What is a deathbed will?
- Probate litigators Boca Raton will tell you that caretakers are often in the sights of family members when caretakers inherit under a Florida will or from a Palm Beach Probate Court
- A deathbed will is a Last Will which is signed around the time of death, or shortly before one passes away
- Deathbed wills in Florida call into question whether the person making the will hadcapacity to understand what he or she was doing
- Any will in Florida which is signed when a person is incompetent or lacks capacity is said to be void and may be overturned in a Palm Beach will contest or any court in Florida with jurisdiction
- Many involved in probate litigation in Florida know the undue influence case ofCarpenter and related undue influence Florida cases
- Claims of dementia and undue influence by a caretaker of Ernie Banks reflect similar policy concerns that the Court looked to in Carpenter.
Should a caretaker inherit under a Florida probate?
- Did the caretaker force or coerce Ernie Banks to sign a new will 3 months before he died?
- Are these accusations just sour grapes by family members or is this a case of financial exploitation?
- How do you know the difference and what can you do protect yourself?
- Some family members ask: How do I get my inheritance back in Florida probate from a caretaker who took my money?
- In Florida there are many lawsuits which may be brought by family members or heirs at law to fight wills which are improper
- These are called will contests Florida or will challenge Palm Beach
- There are also Florida laws which protect family members’ inheritance when acaretaker or other person abuses a fiduciary position or a position of trust
- There are criminal crimes against the financial exploitation of the elderly
- Florida also has probate statutes which provide a mechanism or procedure for thereturn of family money from someone who took in improperly.
- You can also read the Florida Probate Rules and the
Florida Probate Code for statutes or laws on undue influence - If you know of elder abuse or financial exploitation of the elderly, call the authorities
- Some also want more answers from a Palm Beach probate litigation law firm
- This often involves objecting to a will, Florida revocable trust or a joint bank account
- Florida also has probate lawsuits for families who are wrongly dis-inherited
- Tortuous interference with an expectancy or inheritance is a tort in Florida that you can bring against a person like the caretaker in this case
- Will contests and Florida trust contests may also permit a family member who is dis-inherited by a bad caretaker to get their inheritance back
3 Probate Tips from the Ernie Banks case of Dementia and Caretakers
- Know your family member and know your caretaker. Does your dad have an estate plan? Where is it? Does your mom have a caretaker? Who is it? Get involved and get the facts. When caretakers know you are active and involved, those that may be inclined to financially exploit someone are less likely to make their move. Do you know who your dad’s estate planning lawyer is? Does mom have a health care directive or guardianship document? Get involved rather than paying the price down the road.
- The 3 C’s of protecting your inheritance from undue influence and financial exploitation? Know the 3 C’s:
- Constant: be constant in your interest and contact with your elderly parent or loved on. Isolation is one thing financial exploiters looks for. Is mom or dad isolated? Stay in constant touch.
- Communicate: communicate, visit, call, and speak with your mom or dad. Have their trusted financial and legal advisors do the same. Absence of communication is often a common red flag seen in cases of financial exploitation. Also dont forget if you want to argue down the road that there is no way that caretaker would have gotten your inheritance you should be able to prove you were around in the first place.
- Caretakers. Select caretakers carefully. Check references. Consider highly regarded assisted living facilities and nursing homes which know to be on the look out for financial exploitation and hire the best. … or who can recommend accomplished reputable caretakers.
- Dementia. Beware. The silent, good looking attacker. What is dad’s condition? Is mom suffering from progressive dementia or Alzheimers? If so, greater care and attention may be necessary. A nuerologist or a nuerological exam may make sense in addition to seeing a GP regularly. I know that when my mom moved to Florida, we had her take a simple, quick, and easy exam from an esteemed nuerologist in West Palm Beach who prescribed medication to slow the progression of dementia. I was, admittedly, surprised by the results of the exam and how much assistance mom needed. Dementia can sneak up on you. So get mom or dad checked out. Just because they look fine does not mean that their mental abilities or cognitive abilities are fine.
Here is a copy of a recent article on this estate lawsuit involving Ernie Banks:http://www.cnn.com/2015/02/17/sport/cubs-ernie-banks-estate-dispute/