Family Disputes Involving Financial Or Emotional Abuse

In constructing a comprehensive estate plan, you hope to prevent familial disputes over elder care, end-of-life decisions and inheritance. However, even the most perfect plan cannot prevent all disputes. Of particular concern are cases where elders are abused or exploited once they begin to decline in physical or mental capacity, usually by someone close to them such as a spouse (perhaps a spouse from a second marriage), adult child, grandchild or caregiver.

Cases of elder abuse or exploitation can become emotionally volatile and can quickly escalate. Working with a skilled attorney from the very beginning — when you first begin to suspect any wrongdoing — can be critical to resolving the issue satisfactorily. At the Minneapolis-based law firm of David M. Jacobs, P.A., we help families across Minnesota protect both their inheritance and the well-being of those they love.

Is Your Elderly Parent Being Taken Advantage Of? Are You Concerned About Your Inheritance Being Stolen?

Allegations of financial or emotional elder abuse often arise in the context of blended families where one spouse becomes mentally or physically vulnerable. When the elder parent begins to decline, children from previous marriages and the current spouse may feel at odds over the way the estate or care plan is being handled, and thus seek legal action to protect their loved one and themselves.

Our lawyers take time to fully understand your situation before providing counsel on a course of action, taking into account the unique family dynamics and strong emotions that may be present. Our experience includes situations where:

  • There is evidence of undue influence by a current spouse, relative, friend or caregiver to change current estate documents in their favor.
  • You are wrongfully denied visitation rights or access to information about an elderly parent's health or well-being.
  • You are concerned about the physical or emotional well-being of a parent who exhibits signs of abuse or manipulation such as not being able to speak for him or herself, emotional unresponsiveness, or physical bruises or marks.
  • You notice unusual activity in your loved one's finances, such as uncharacteristic spending or the sudden desire to engage in risky investments.

What Are My Legal Options To Combat Financial Or Emotional Abuse?

Our lawyers explore all options for resolution based upon the unique facts of each case. In some cases, this could mean seeking a guardianship or conservatorship to protect your loved one's assets from an overreaching spouse. Certain cases may require crossover into family court in order to pursue divorce or to ensure family assets are protected in the event of a divorce.

In best-case situations, resolution would involve family mediation to give all parties a chance to talk through their grievances and come to a compromise. In worst-case scenarios, it means bringing the case before the court to resolve.

In all of these scenarios, you can trust that we will outline all of the benefits and risks of pursuing one option over another so that you can make an informed decision. To discuss your concerns with an experienced estate lawyer, please contact us by phone or email as soon as possible.

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