PROBATE, SUMMARY
DISTRIBUTION &
INTESTACY IN ALABAMA
Douglas C. Martinson, II
Martinson & Beason, P.C.
115 North Side Square
Huntsville, Alabama 35801
256.533.1667
dougii@martinsonandbeason.com
DOUGLAS C. MARTINSON, II
Douglas C. Martinson, II, born in Tuscaloosa, Alabama, on November 4, 1963, was admitted
to the Alabama Bar Association in 1989; the Washington, D.C. Bar in 1991; the U.S. District Court in
1991; the U.S. Tax Court in 1991; and is admitted to practice before the 11th Circuit Court of Appeals.
Preparatory education was at the University of Alabama where he received a B.S. Degree in Corporate
Finance and Investment Management in 1986. His legal education was at Washington and Lee
University School of Law in Lexington, Virginia where he received a Juris Doctor in 1989. He was
graduated from Boston University School of Law with an LL.M in Taxation in June of 1990.
On August 27, 2002, he was elected to a four year term on the Huntsville City School
Board of Education, he was re-elected on August 22, 2006 for another four year term, receiving 72%
of the vote. He was elected President of the School Board from 2005, through 2010. He has served
on the Executive Committee, as Secretary and President-Elect of the Madison County Bar
Association.
In 2007-08, he served as President of the Rotary Club of Huntsville. He served as a
Mentor in the Rotary STRIVE where he meets weekly with a student in the bottom third academic
ranking of their class at an economically disadvantage high school. He has also served on the Board
of the Madison County Red Cross and the Boys and Girls Club of Huntsville/Madison County.
He has served as the Huntsville Chairman for the University of Alabama Commerce
Executive Society and served as President of the Financial and Estate Planning Council of Huntsville.
He currently serves on Huntsville-Madison County Public Library Board.
He served as Chairman of the Board of the First United Methodist Church’s Day Care,
the Susanna Wesley Early Education Ministry (SWEEM). He also taught Sunday School and was a
Methodist Youth Fellowship Counselor.
He was appointed by the Madison County Probate Judge as the County Conservator.
He has also served as the Administrative Hearing Officer for the Madison and Cullman County Sales
Tax Offices and the City of Madison Police Department. He was appointed as an Assistant Attorney
General by Attorney General Bill Pryor to represent ALDOT in eminent domain condemnation cases.
He enjoys refereeing ice hockey and is a certified NCAA referee. In addition, he enjoys snow
skiing, tennis, reading and watching his children’s sporting events.
His law practice concentrates on estate planning, probate, elder abuse, corporate,
business litigation and contracts.
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I.
The Probate Court
a. Probate—from the Latin probare means “to prove”
b. Jurisdiction
i. Original Jurisdiction
1. The probate court shall have original and general jurisdiction as to all
matters mentioned at Ala. Code §12-13-1:
a. The probate of wills;
b. The granting of letters testamentary and of administration
and the repeal or revocation of the same;
c. All controversies in relation to the right of executorship or of
administration;
d. The settlement of accounts of executors and administrators;
e. The sale and disposition of the real and personal property
belonging to and the distribution of intestate’s estates;
f. The appointment and removal of guardians for minors and
persons of unsound mind;
g. All controversies as to the right of guardianship and the
settlement of guardians’ accounts;
h. The allotment of dower in land in the cases provided by law
i.
The partition of lands within their counties
j.
The change of the name of any person residing in their
county, upon his filing a declaration in writing, signed by him,
stating the name by which he is known and the name to
which he wishes to be changed
k. Such other cases as jurisdiction is or may be given to such
courts by law in all cases to be exercised in the manner
prescribed by law
ii. Limited Jurisdiction—the Probate Court is one of limited jurisdiction. If a
matter is not specifically prescribed or conferred by statute then Probate
Courts do not have jurisdiction to hear the matter
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iii. Jefferson, Mobile, Montgomery and Pickens County Probate Courts also
have equity jurisdiction.
II.
Who Do You Represent?
a. Ethics Opinion 2010-03 addressed the question of when a lawyer is retained to
assist in the administration or probate of an estate, whom does the lawyer
represent?
i. It is the opinion of the Disciplinary Commission that ordinarily, when a
lawyer is hired by a Personal Representative to assist in the administration
of an estate, the lawyer’s sole client is the Personal Representative of the
estate. As a result, the lawyer would owe the Personal Representative a
duty of loyalty and confidentiality just as he would any other client
pursuant to Rule 1.6, Ala. R. Prof. C. The fact that the Personal
Representative has obligations to the beneficiaries of the estate does not in
itself either expand or limit the lawyer’s obligations to the Personal
Representative under the Rules, nor would it impose on the lawyer
obligations toward the beneficiaries that the lawyer would not have toward
other third parties.
ii. The lawyer should clarify with the Personal Rep. the role of the lawyer,
the scope of representation, and the Personal Rep’s responsibilities toward
the lawyer, the court, beneficiaries and other interested third parties (i.e.
creditors).
iii. While the client would ordinarily be the Personal Representative, the
lawyer must be careful not to, either by affirmative action or omission,
give the impression that he also represents the beneficiaries of the estate.
If the lawyer were to do so, it could be found that he has undertaken to
represent both the Personal Representative and the beneficiaries of the
estate which could result in conflicting loyalties and conflicts of interests.
As a result, a lawyer must comply with certain duties upon undertaking
representation of a Personal Representative or risk violating certain rules
of professional conduct.
iv. First and foremost, upon being hired by a Personal Representative to assist
in the administration of an estate or trust, the lawyer should explain to the
beneficiaries or other interested parties that the lawyer’s sole client in the
matter is the Personal Representative, individually.
b. Ethics Opinion 2010-03 also addressed what do to if you know the Personal
Representative Has Misappropriated Funds
i. Determining the lawyer’s ethical responsibilities when he discovers that
the Personal Representative of the estate has misappropriated estate funds
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is a difficult question as it calls for a balance between the lawyer’s
obligations to his client, the Personal Representative, and the lawyer’s
obligations as an officer of the court.
1. Consider Rule 1.6 (Confidentiality) versus Rule 3.3 (Candor to
Tribunal)
ii. If the lawyer discovers that misappropriation of funds is ongoing then the
lawyer has an obligation to disclose to the Court
iii. However, more often than not, the lawyer only learns of the
misappropriation of estate assets after the fact. In such situations where the
misconduct is not ongoing, the lawyer may not disclose the prior
misconduct to the court pursuant to Rule 1.6. As a result, the lawyer’s only
recourse is to seek to persuade the Personal Representative to either
replace any misappropriated funds or to voluntarily disclose to the court
the Personal Representative’s misconduct. If the Personal Representative
refuses to do either, then the lawyer should withdraw from the
representation and, upon withdrawal, request that the court order an
accounting of the estate. By doing so, the lawyer avoids assisting the
Personal Representative in any criminal or fraudulent acts. Further, by
requesting that the court order an accounting upon the lawyer’s
withdrawal, the lawyer helps to shield himself from any accusations or
allegations that he assisted or allowed the Personal Representative to
engage in the misconduct.
III.
Probating A Self-Proving Will
a. Self-Proving Will
i. Ala. Code §43-8-132
1. Any will may be simultaneously executed, attested, and made selfproving, by acknowledgment thereof by the testator and affidavits
of the witnesses, each made before an officer authorized to
administer oaths under the laws of the state where execution occurs
and evidenced by the officer's certificate, under official seal, in
substantially the following form:
a. TESTATOR: "I, _____, the testator, sign my name to this
instrument this ______ day of _____, 20__, and being first
duly sworn, do hereby declare to the undersigned authority
that I sign and execute this instrument as my last will and
that I sign it willingly (or willingly direct another to sign
for me), that I execute it as my free and voluntary act for
the purposes therein expressed, and that I am 18 years of
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age or older, of sound mind, and under no constraint or
undue influence."
b. TWO WITNESSES: "We, _____, the witnesses, sign our
names to this instrument, being first duly sworn, and do
hereby declare to the undersigned authority that the testator
signs and executes this instrument as his last will and that
he signs it willingly (or willingly directs another to sign for
him), and that each of us, in the presence and hearing of the
testator, hereby signs this will as witness to the testator's
signing, and that to the best of our knowledge the testator is
18 years of age or older, of sound mind, and under no
constraint or undue influence." (See Ala. Code §43-8-134
for who may witness a will).
ii. If the will is self-proving, as provided in this section, compliance with
signature requirements for execution is conclusively presumed, other
requirements of execution are presumed subject to rebuttal without the
testimony of any witness, and the will shall be probated without further
proof, unless there is proof of fraud or forgery affecting the
acknowledgment or affidavit. Ala. Code §43-8-132(c)
b. Necessity of Filing a Will for Probate
i. It is not always necessary to file a will for probate
1. How is the property owned/titled (i.e. any separate property out
there or was it all owned jointly)
a. If no separate property: does your client really need to
probate the will?
i. Life insurance policies with named beneficiaries
ii. Vehicles titled in Decedent’s name—(consider
using Alabama DMV Heirship Affidavit form)
iii. Value of the Estate See Ala. Code §43-2-692
1. Decedent died a resident of Alabama
2. At least 30 days have elapsed since the
notice of filing of petition was published
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3. NOTE: only works for personal property
(i.e. if real property in estate must petition
for probate/administration)
4. Value of estate does not exceed $28,024 (for
2015)
ii. NOTE: If client does not have possession of Last Will & Testament— see
Ala. Code §43-8-270 to request surrender of will to Probate Court.
iii. Brief explanation re: Need to Probate
1. If property or financial accounts are solely in the name of the
Decedent someone will have to be appointed as Personal
Representative and get control over the assets.
2. In other words you need to get petition the Probate Court to issue
you Letters Testamentary so your client can access those assets and
distribute according to the decedent’s Last Will & Testament
iv. Can you probate the will
1. Upon the death of a testator, any executor, devisee, or legatee
named in the will, or any person interested in the estate, or who has
custody of such will may have the will proved before the proper
probate court. Ala. Code §43-8-160.
2. If the date of death is MORE than five years ago the Will is invalid
and cannot be probated. See Ala. Code §43-8-161.
v. Determine the value of the estate: Estate Tax Return (Form 706) must be
filed if the estate is over $5.43 million—this figure is indexed for inflation.
vi. Determine whether the will appointed a living, breathing personal
representative, who is not disqualified from serving;
vii.
Does the will expressly waive the filing of an inventory and/or the
furnishing of a bond Ala. Code §43-2-311
viii.
Ask in which county the decedent resided and died
1. If decedent is not a resident of Alabama, ask where the decedent
died or where the decedent left property. See Ala Code §43-8-162.
2. Can probate in state where Decedent died or owned property
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ix. Notification Requirements to Heirs at Law. Ala. Code §§43-8-164, 165,
& 166.
1. If all heirs at law consent to probate of will a hearing before the
Probate Judge is not necessary—however, if an heir refuses to sign
a Consent Form—you need to serve by certified mail, the Sheriff,
or by Publication for any heirs who not consent and waive notice
and ask Court to set hearing
2. Out-of-state next of kin or estranged family members who cannot
be reasonably located may be served notice via publication once a
week for three (3) consecutive weeks
x. Guardian Ad Litem (GAL)
1. If any of the heirs at law or next of kin are minors or are
incapacitated you will need to request the appointment of a GAL in
your petition for probate and include such language in your Order.
See Ala. Code §43-2-504
2. The GAL functions as a friend of the court, assigned by the court
to investigate and evaluate the facts and circumstances and to
formulate opinions and recommendations for the court, exercising
independent professional judgment with the paramount goal to
determine, protect, promote and advocate the best interest of the
minor/ward
3. GAL duties—
a. Conduct a thorough and independent investigation (i.e.
ensure you have thoroughly reviewed court file, inventory,
accounting, etc).
b. Advocate for minor child/ward’s best interests
c. Attend all scheduled court hearings and protect their client
(Ward of minor)
c. Ancillary Probate
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i. If the Decedent owned real property in different states it may be necessary
to commence ancillary probate proceedings in those jurisdictions.
ii. An Alabama court is powerless to issue an Order affecting real property in
Florida. Accordingly, if the primary probate estate is commenced in
Alabama an ancillary probate proceeding should be initiated in Florida if
the Decedent owned real property in Florida
d. Overview/Basics of the Petition to Probate Self-Proving Will
i. Petition
1. List name of Petitioner (i.e. Personal Representative)
2. Name of Deceased
3. Recite Decedent’s place of domicile, date of death & specifics of
Will (date signed and identify witnesses and notary)
4. List names and addresses of heirs at law and next of kin
5. State whether heirs at law and next of kin are over the age of 19
years and of sound mind (If not, request GAL appointment)
ii. Exempt Property & Allowances
NOTE: spouse is entitled whether she elects to take elective share. See
infra; see also, Ala. Code §43-8-74.
1. Homestead Allowances
a. Ala. Code §43-8-110 provides that “a surviving spouse of a
decedent who has domiciled in this state is entitled to a
homestead allowance of $15,000.00.
b. If no surviving spouse, each minor child and each
dependent child of the decedent is entitled to a homestead
allowance amount of $6,000.00 divided by the number of
minor and dependent children of the decedent. (3 children
the exemption is $2,000 each).
c. NOTE: Homestead allowance is exempt from & has
priority over all claims against the estate (including funeral
expenses and cost of administration) AND is in addition to
any share passing to the surviving spouse or minor or
dependent child by decedent’s will unless otherwise
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provided in the will
2. Exempt Property
a. Ala. Code §43-8-111 provides that if the decedent was
domiciled in this state at the time of death the surviving
spouse is entitled to receive, in addition to the homestead
allowance, property of a value not to exceed $7,5000.00 in
excess of any security interests therein in household
furniture, automobiles, furnishings, appliances and personal
effects.
b. If no surviving spouse, decedent’s children are entitled
jointly to the same value.
i. NOTE: 43-8-111 does not specify that only
dependent/minor children are eligible to receive
exempt property allowance.
ii. If decedent dies with no spouse and no minor
children the surviving adult children may petition
for exempt property allowance.
3. Family Allowance
a. Ala. Code §43-8-112 states that if the decedent was
domiciled in Alabama, the surviving spouse and any minor
children whom the decedent owed a duty of support (and
were in fact supported by him/her) are entitled to a
reasonable allowance in money out of the estate for their
maintenance during the period of administration
b. This allowance may be paid as a lump sum or in periodic
installments
c. Practice Point: the Personal Representative can set a
reasonable family allowance at $500.00 per month for 12
months—however—it is a better practice to request the
Court to approve a reasonable family allowance of
$15,000.00 for the next twelve months payable in a lump
sum or monthly installments
4. The statutory exemptions are awarded and paid from the estate and
take priority over all creditor claims.
a. If the estate, including real property, is less than the
statutory exemptions available (maximum of $37,500; an
increase from old exemptions of $15,500) consider
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petitioning the Court for award of said exemptions without
administration of the estate. See Ala. Code 6-10-100
b. It’s faster, cheaper, and shields surviving family members
from answering creditor claims
5. Marital Residence—Note: surviving spouse may retain possession
of marital residence, free from rent, until homestead is assigned.
See Ala. Code §43-8-114
iii. Consent Forms
1. Next of Kin—Ala. Code §43-8-164
a. Whenever an application is made to prove a will in this
state, at least 10 days’ notice must be given to the surviving
spouse and next of kin, or either of them, residing and
being within the state, before such an application is heard.
2. Minors—Ala. Code §43-8-165
a. Ask Court to appoint a GAL to represent interests of minor
child. Notice must be served on GAL.
b. Add language to Petition & Order regarding the
appointment of GAL for any minors
3. Notice via Publication—Ala. Code §43-8-166
a. Upon application, any spouse or next of kin residing out-ofstate may be delivered notice via publication
b. Publication must run once a week for three successive
weeks in a newspaper published in the county where such
application is made
iv. Notice to Creditors
1. Six (6) months to bring creditor claim. Ala. Code §43-2-350
2. Creditors must verify their claims. Ala. Code §43-2-352
v.
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vi. Inventory (if necessary)
1. Ala. Code §43-2-311 permits the Testator to exempt his executor
from filing an inventory
2. If not expressly waived in the Last Will & Testament, an inventory
listing property (enumerating each item separately), all debts or
demands due or accruing to the decedent, the time such debts or
demands are due, the amount of the same and how evidenced, with
credits, if any, and the name of the debt and the amount of money
must be listed and filed with court
vii. Bond (unless expressly waived in the Last Will & Testament) Ala. Code
§43-2-851—The court must require a personal representative or special
administrator to furnish bond payable to the probate judge conditioned
upon faithful discharge of all duties. SEE ALSO, Ala. Code §43-2-852 for
terms and requirements of bonds
viii. Order
1. Order will confer the powers of Ala. Code § 43-2-843
2. Provides for date inventory and accounting are due if Will did not
waive filing of such
e. Letters Testamentary Ala. Code §43-2-20, et seq.
i. The estate must remain open for six (6) months (see Ala. Code 43-2-501)
but personal representative may make distribution of the whole or any part
the property without obtaining a court order if personal representative is
satisfied the estate is solvent. Ala. Code §43-2-640. However, must be
careful as there could be another Last Will & Testament, a will contest,
creditors, taxes, etc.
ii. Annual account & settlement. See Ala. Code §43-2-500 and §43-2-338
f. Closing the Estate
i. Settlement Notice Ala. Code §43-2-505
ii. Distribute Estate
1. To inherit, heir must survive testator by five (5) days unless the
will contains some language dealing explicitly with simultaneous
deaths or deaths in a common disaster, or requiring that the devisee
survive the testator for a state period in order to take under the will
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Ala. Code §43-8-220
2. Omitted spouse—Ala. Code §43-8-90—If testator fails to provide
for his surviving spouse in the will, the omitted spouse will receive
the same share of the estate received had the decedent left no
will…UNLESS,
a. the will makes it clear that the omission was intentional; or
b. the testator provided for the spouse by transfer outside of
the will and the intent that the transfer be in lieu of a
testamentary provision be reasonably proven
c. NOTE: divorce voids ex-spouse from receiving anything
from probate estate. Beware that insurance policies, IRAs,
401(k), etc. beneficiaries should be changed following
divorce
3. Elective Share—Ala. Code §43-8-70
a. If a married person domiciled in this state dies, the
surviving spouse has a right of election to take an elective
share of the estate. Elective share shall be lesser of:
i. All of the estate of the deceased reduced by the
value of the surviving spouse’s separate estate; or
ii. One-third of the estate of the deceased
b. If married person NOT domiciled in Alabama, law of
decedent’s resident state shall govern elective share
c. Right of election may only be exercised by the surviving
spouse during her lifetime. If a guardian, conservator, or
custodian has been appointed for surviving spouse MUST
obtain court order to exercise election on behalf of
surviving spouse. Ala. Code §43-8-71
d.
Procedure for Making Election—Ala. Code. §43-8-73
i. Surviving spouse may file with court and mail or
deliver to the personal representative a petition for
the elective share within the latter of six (6) months
of decedent’s date of death, or within six (6) months
after the probate of decedent’s estate
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ii. Court may extend time for election for good cause
shown by the surviving spouse BEFORE the time
for election has expired
iii. Said petition must provide notice of time and place
of court hearing to persons interested in the estate
whose interests will be adversely affected by the
taking of the elective share
iv. Must enforce right. It is not automatic.
e. How elective share satisfied. See Ala. Code §43-8-75
i. Values included in the estate which pass or have
passed to the surviving spouse, or which would
have passed to the surviving spouse but were
renounced, are applied first to satisfy the elective
share and to reduce any contributions due from
other recipients of transfers included in the estate
ii. The proper method of calculating the surviving
spouse’s elective share is to deduct the homestead
allowance, exempt property, family allowance, and
allowed claims against the estate from the
decedent’s total estate, then divide the remaining
amount by three.
4. Pretermitted Child—Ala. Code §43-8-91
a. If a testator fails to provide in his will for any children born
or adopted after the execution of his will, the omitted child
receives a share in the estate equal in value to that which he
would have received if the testator had died
intestate…UNLESS
i. It appears from the will that the omission was
intentional
ii. When the will was executed the Testator had one or
more children and devised substantially all his
estate to the other parent of the omitted child; or
iii. Testator provided for his child outside of the will
and such intent is reasonably proven
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b. If child is not provided for solely because Testator believed
child to be dead, that child receives a share equal in value
to his intestate share
iii. Petition to Close the Estate Either by Consent & Waiver or Hearing
1. If estate is insolvent, not less than six months but not more than 12
months. Ala. Code §43-2-770
a. Whenever the executor or administrator of any estate is
satisfied that the property of the estate is insufficient to pay
its debts, he must file with the judge of probate of the court
having jurisdiction of the estate a report in writing that such
estate is, to the best of his knowledge and belief,
insolvent—Ala. Code §43-2-701
b. Probate Court then sets a hearing not earlier than 30 days
but no later than 60 days to hear and determine whether
estate is insolvent
i. Notice must be given to the creditors of and to all
persons interested in the estate
ii. Notice is given by publication, once a week for
three successive weeks, by posting such notice at
the courthouse door for the same length of time and
by forwarding such notice by mail to all creditors
and to all adult heirs or distributees whose places of
residence are known, and shall appoint guardians ad
litem for all heirs or distributees who are minors or
of unsound mind
iii. If no person contests the insolvency, the court must
declare the estate insolvent and must make an order
for the executor or administrator to settle estate
within 30 to 60 days and notice of final settlement
must be given
2. If estate is solvent six months from grant of Letters Testamentary.
Ala. Code §43-2-501
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3. Any estate not closed in 1 year must file an annual accounting with
the Court.
IV.
Intestacy
a. No Last Will & Testament
i. Spousal Share—Ala. Code §43-8-41
1. No children or parents the surviving spouse gets everything
2. No children but surviving parent(s) the surviving spouse gets the
first $100k + half of the intestate estate
3. Surviving children that are biological children of surviving spouse
then the surviving spouse gets first $50k + one half
4. Surviving children not bio children of surviving spouse then
surviving spouse gets one half of estate
ii. If no spouse—Ala. Code §43-8-42
1. Equal shares among children, if living per stirpes;
2. If no surviving children, to parent(s) equally
3. If no children and no parent(s) to issue of parents (i.e. siblings) by
representation
iii. Note: Half-bloods are treated as full-bloods. See Ala. Code §43-8-46
iv. Children conceived before Decedent’s death but born after death inherit as
if they had been born during decedent’s lifetime. Ala. Code §43-8-47
b. Petition to Administer Estate
i. Who May Administer the Estate? See Ala. Code §43-2-42
1. Administration of an intestate’s estate must be granted to one of
the persons herein named if the person is willing to accept and
satisfactory to serve in the following order:
a. Must live in State of Alabama
b. The husband or widow
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c. The next of kin entitled to share in the distribution of the
estate
d. The largest creditor of the estate residing in this state
e. Any other person the probate judge may appoint
f. County or General Administrator has priority over “any
other person the probate judge may appoint if in county
having population exceeding 400,000. Ala. Code §43-242(b)(4)
ii. Required Notices
1. Personal representative must give notice of the appointment,
stating the name of the deceased, the day on which letters were
granted, by what court, stating the county and notifying all persons
having claims against the estate to present the same within the time
allowed by law or that the same will be barred. Ala. Code §43-260 and 61.
2. Known creditors must be given notice, via first class mail, if
creditor’s identification is known
a. Any creditor entitled to actual notice as prescribed in
section 43-2-61 must be allowed 30 days after notice within
which to present the claim, and if not presented within that
time, they are forever barred and the payment or allowance
thereof is prohibited.
3. Unknown creditors and heirs at law receive notification by
publication once a week for three successive weeks in a newspaper
of general circulation published in the county in which the letters
were granted, within thirty (30) days of grant of letters
a. All claims against the estate of a decedent, whether due or
to become due, must be presented within six months after
the grant of letters, or within five months from the date of
the first publication of notice, whichever is the later to
occur, and if not presented within that time, they are
forever barred and the payment or allowance thereof is
prohibited.
iii. Letters of Administration—No letters of administration will be granted
until five (5) days after death of decedent is known. Ala. Code §43-2-45
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c. Closing the Estate—Final Settlement may be made at any time after six months
from the grant of letters, if the debts are all paid and the condition of the estate in
other respects will admit of it. Ala. Code §43-2-501
V.
Keep a watchful eye for Elder Abuse & Exploitation—
a. Protecting Alabama Elder’s Act
b. New law provides for criminal penalties for financial exploitation of Alabama’s
elders (age 60 and older)
i. Class A misdemeanor for exploitation of money or property totaling $500
or less
ii. Class B felony for exploitation of money or property exceeding $2,500
c. Problem of Epidemic Proportions—
i. One study suggests only 1 in 14 cases of elder abuse is reported to
authorities—National center on Elder Abuse; 2011
ii. 90% of all reported abusers were family members—National Center of
Elder Abuse; 2011
iii. Institutionalized, female elders with disabilities were found to be at a 12%
higher risk for abuse than institutionalized, female elders with no
disabilities—Women’s Health Issues; 2009
iv. In 2010, an estimated $2.9 Billion was lost due to elder financial
exploitation
d. Examples—
i. Jamaican Lottery Scam
ii. The Grandparent Scam
iii. IRS tax debt callers
iv. Green Dot cards
v. Caregivers
e. Any sudden changes in finances may be indicative of elder financial exploitation.
i. Unexplained withdrawals of large sums or large transactions
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ii. Abrupt changes in will or other financial/legal documents
iii. Sudden transfer of assets to a family member or acquaintance
iv. Complaints of stolen or misplaced credit cards, pension checks, etc.
v. Recent acquaintance who suddenly takes up residence with elderly person
vi. Reduction of older person’s mail
f. Elder Abuse Is More Than Financial Exploitation
i. Physical Abuse
ii. Sexual Abuse
iii. Domestic Violence
iv. Psychological Abuse
v. Neglect
g. Recognizing & Preventing Elder Abuse
i. Indicators/Red Flags
1. Physical Warnings
a. Bruises
b. Pressure Marks
c. Broken Bones
d. Abrasions
e. Burns
f. Scratches
g. Poor Hygiene/Condition and Personal Upkeep
h. Hunger or dehydration
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2. Social Warnings—any unexplained withdrawal of elderly person,
change in alertness, or strained relationships
ii. Four (4) Pillars of Prevention
1. Awareness—Through Understanding
2. Recognition—Spot the Warning Signs
3. Recording—Document all Findings
4. Reporting—Trigger a Response
iii. If you suspect abuse is occurring contact Department of Human Resources
(DHR) Adult Protective Services or an elder & probate attorney. It may
be necessary to freeze assets and prepare a guardian and/or conservator to
manage personal care decisions and financial affairs with sound
supervision
VI.
Questions?
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