Wills, Trusts & Estates Prof Blog

A Historic Cemetery Experiences $1 Million in Vandalism

Green Lawn Cemetery in Ohio has war heroes, five governors, and the grandfather of President George H.W. Bush memorialized on its property. But now, the cemetery has fallen victim to attacks from vandals, who have damaged over 600 memorials in less than two years. Recently, vandals have marred eight gravesites, which includes a century-old mausoleum. The damage overall has topped $1 million. Due to the attacks, the cemetery started a GoFundMe page to help with cleanup, raising $4,000. 

See Cemetery with Graves of Vets and a President’s Grandfather Sees New Vandalism, Fox News, January 31, 2017. 

 

Florida's Electronic Wills Act Reported Favorably by the Judiciary Committee

The potential Florida Electronic Wills Act specifies requirements that must be satisfied in the execution of electronic wills. Additionally, it allows a will that is properly executed in any state to be admitted to probate in Florida. The Florida Judiciary Committee recently reported favorably on the Act and passed the review on to the Banking and Insurance Committee. 

See CS/SB 206: Electronic Wills, Florida Senate, January 31, 2017. 

Special thanks to Naomi Cahn (Harold H. Greene Professor of Law, George Washington University School of Law) for bringing this article to my attention.

 

Man with Dementia's Family Abandons Him in UK Parking Lot

Roger Curry, a 76-year-old man with dementia, was flown to Britain and dumped in a parking lot by his wife and son. In November 2015, Curry was discovered outside of the bus station in Hereford. When cops arrived, he had two other men with him, one of which had an American accent. However, as soon as paramedics arrived, the American man disappeared, leaving cops to believe that he was a relative who was abandoning Curry. He spent the next eight months in a British nursing home, while cops were trying to figure out his identity. Curry’s son has claimed that he had nothing to do with his father’s abandonment. 

See Relatives Accused of Abandoning Calif. Man with Dementia in UK Parking Lot, Fox News, January 30, 2017. 

 

Man with Dementia's Family Abandons Him in UK Parking Lot

Roger Curry, a 76-year-old man with dementia, was flown to Britain and dumped in a parking lot by his wife and son. In November 2015, Curry was discovered outside of the bus station in Hereford. When cops arrived, he had two other men with him, one of which had an American accent. However, as soon as paramedics arrived, the American man disappeared, leaving cops to believe that he was a relative who was abandoning Curry. He spent the next eight months in a British nursing home, while cops were trying to figure out his identity. Curry’s son has claimed that he had nothing to do with his father’s abandonment. 

See Relatives Accused of Abandoning Calif. Man with Dementia in UK Parking Lot, Fox News, January 30, 2017. 

 

Book on the Fundamentals of Guardianship

Sally Balch Hurme recently published a book entitled, The Fundamentals of Guardianship: What Every Guardian Should Know (2017). Provided below is a summary of the book:

Serving as guardian is never simple or easy. Having the responsibility to make major life decisions for another is much more difficult than making decisions for oneself. Recent studies by the National Center for State Courts estimate that between one to two million adults are under court-supervised guardianship. The Administrative Conference of the United States estimates that approximately 75 percent of guardians are family members or friends. A constant refrain in multiple national studies and legislative reports is that once guardians are appointed they receive little instruction on how to carry out their responsibilities and have few resources to guide them.

Fundamentals of Guardianship is the much-needed, basic manual for new guardians that explains those roles and responsibilities. The court orders guardians to make decisions; Fundamentals of Guardianship explains how to make those decisions. It guides the new guardian step-by-step through the process of how to make responsible and ethic decisions, prudently manage another’s resources, avoid conflicts of interest, and involve the person under guardianship in the decision process. Fundamentals of Guardianship is the authoritative resource written by guardians with decades of experience and members of the National Guardianship Association.

This book will appeal to all who have been appointed as guardian or conservator, whether lawyer, family member, friend, volunteer, or public or private entity, as well as all those who serve vulnerable adults. Included on this list are judges, court administrators, law enforcement officials, adult protective services, social workers, health care providers, case managers, residential care administrators, long-term care ombudsmen, financial institutions, and financial advisors.

 

Anonymous Donor Gives Church a Winning Lottery Ticket

After a church was robbed in early December, it was thrilled to receive a $100,000 winning lottery ticket from an anonymous donor. The church’s Father Thomas Conway ensures that the money will go toward feeding and providing community outreach services to those less fortunate and the homeless. The church is further encouraged by the selfless giving and reminded of its faith in humanity during trying times.  

See Anonymous Donor Gives Mass. Church $100k Winning Lottery Ticket, CBS News, December 21, 2016. 

 

Increasing Numbers of Premature Death in White and Native Americans

A recent study shows that the rate of Native and white Americans dying prematurely is increasing. This is heavily due to drug overdoses and suicides among these individuals. On the other hand, African Americans, Asians, and Hispanics have seen fewer deaths in recent years, mainly due to gains in the treatment and detection of cancer, HIV, and heart disease. Despite this increase in premature death among white Americans, these individuals are still living longer on average compared to African Americans; however, this gap is closing. As for Native Americans, they are primarily affected by a long history of behavioral health roots that provide several complexities when studying the causes of premature death.   

See Michael Nedelman, More White, Native Americans Dying Early, Study Says, CNN, January 26, 2017. 

 

Will New Government Policies Assist Our Aging Society?

With the recent presidential election, many are wondering whether new government policies will better align with the realities of an aging America. Specifically, federal programs should seek to support older workers and become more responsive to their needs as part of the workforce. Further, these programs and policies should insist on supporting family caregivers, both socially and financially, as the number of families with caregiving responsibilities continues to rise. Elder abuse also requires that the federal government begin to direct sufficient resources to an ever-increasing problem. Overall, there are positive trends in the way of supporting an aging America, but repeal or replacement of the Affordable Care Act could threaten to undermine these progressions.    

See Bob Blancato, Will Government Policies Reflect Our Aging Society?, Market Watch, January 30, 2017. 

 

Will New Nursing Home Regulations Solve All Issues?

Recently, the Centers for Medicare and Medicaid Services issued a broad revision of nursing home regulations, which began taking effect in late November 2016, and will continue to be phased in this year through 2019, making them the first updates in long-term care requirements since 1991. Specifically, the regulations strengthen the residents’ control over specific decisions, call for expanded staff training for preventing elder abuse, and extend protections for “dumping.” In addition, many Americans are welcoming the ban on binding arbitration agreements that nursing homes often require for admission, hoping that public lawsuits will bring attention to the perils of the industry and deter other nursing homes in the future. However, many are still questioning whether these new requirements will help improve the care in nursing homes across the country. 

See Paula Span, Nursing Home Residents Gain New Protections, N.Y. Times, January 27, 2017. 

 

ACTEC Announces Mary Moers Wenig 2017 Student Writing Competition

The American College of Trust and Estate Counsel has officially announced the Mary Moers Wenig 2017 Student Writing Competition.

Here are some of the key features of this competition:

• Large cash prizes (first place = $5,000; second place = $3,000; third place = $1,000; honorable mention cash awards may also be made).
• A broad range of topics in the trusts and estates and related taxation areas.
• Attractive page requirements -- the body of the paper must be 20 double-spaced pages and may not exceed 30 double-spaced pages.
• Use of original (but unpublished) papers, including papers prepared for law school credit.
• June 15, 2017 deadline which will allow for work over several months including spring break.
• No limit on the number of Honorable Mention Prizes allowing entrants to have a greater chance of receiving recognition and monetary awards.
• Papers may be coauthored.

The official rules may be found here.