Hilldale Estate Recovery Case Report

Same result as the previously reported Genesee County case – the recovery can be made after the redetermination application is signed. In fact the Hillsdale Court adopts the reasoning of the Genesee County Judge.    In this case that’s a good result – the beneficiary died less than two months later.  In other cases, the result may not be as favorable.  The issue of whether notice is required at the time of initial application or can be cured in a subsequent redetermination application seems to be trending in favor of the latter (that it can be cured).   To read the opinion click here.

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Marriage and Financial Exploitation

Saw this article yesterday about persons with dementia.  click here.

Lord I feel jaded.  I see an article about 90+ year olds finding love, and I automatically think “gold-digger.”  What’s wrong with me?

The reality though is that while marriage is an expression of love, and may address the loneliness that so often frequents elders; it is also a financial arrangement and unless proper planning is done (i.e., prenuptial agreement), marriage can be a form of financial exploitation.

I have been involved in too many cases where gold-diggers of either gender find a lonely vulnerable elder and through marriage are able to obtain at least a claim to substantial wealth.  Many of these cases involve common fact patterns: the vulnerable adult is cognitively impaired and may not be willing to accept that impairment; they are often depressed (the gold-digger frequently moves in after the death of a spouse of many decades); the marriage is quickly arranged and followed thereafter by manipulation, seclusion an alienation between the vulnerable adult and his/her family; and ultimately changes in the estate plan.

Marriage in late life can be a beautiful thing, but then again….

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