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What Is It With Sacramento?

Rosalie Achiu is a recently widowed Sacramento woman. Her neighbors described her as suffering from dementia. Shortly after she called the Sacramento sheriff for assistance in January, one of the responding deputies obtained her power of attorney, drilled a safe deposit box, moved her out of her house, and placed her on a plane to the Phillippines ostensibly to visit relatives there. The deputy claims that she did all of this at the behest of the woman. The deputy is now under investigation by her department.
A few points:
1. Color me skeptical that a woman would instantly give financial control of her assets to a law enforcement officer she recently met and that the officer would accept such power for benevolent purposes when social services and the probate court could assist the woman.
2. Mrs. Achiu should have executed a power of attorney prior to her husband’s death, or shortly thereafter, designating a trusted friend or relative as her attorney in fact for both financial and medical decisions.
3. In true 2018 fashion, the deputy claims that she is being investigated because she filed a harassment claim against her now current supervisor in 2007. This does not explain why her partner is also being investigated.
 
 
Photo Credit:  Unknown (AP?)
License:  Fair Use/Education (from linked article)

Cheat His Mom Then Cheat His Son

Anthony Marshall was the son of socialite Brooke Astor.  He was convicted of elder abuse of his mother and served two months in jail for stealing $14 million from her.  In his will, which was recently admitted to probate court, he left all of his assets to his second wife and her children.  He specifically excluded his son, Philip Marshall, who was the individual who notified authorities of his father’s treatment of Ms. Astor.  The younger Marshall will not contest his father’s will.

Three quick points:

1.  The will would be difficult to challenge unless the younger Marshall could prove that his father lacked mental capacity to execute the will.

2.  The purposeful omission of the younger Marshall for ratting out his father is evidence that the father was mentally competent.

3.  If a man steals from his mom, it is not beneath him to vengefully disinherit his son.

brooke-astor

Last Will and Embezzlement

Diminutive actor Mickey Rooney died this week at age 93. In recent years, he was in the news for his allegations of elder abuse against his step-son and step-daughter-in-law and for his Congressional testimony about the abuse. Last Fall, he symbolically settled the case against his step-son and his step-daughter-in-law for a $2.8 million judgment that will not be paid by them. He re-wrote his will last month to exclude his wife of 35 years, from whom he had separated a year ago after allegations of physical abuse, and his 11 natural children. He left his entire $18,000 estate to his other step-son who has been his care giver for the past 3 years.

Several points:

1. Elder abuse is more common than realized. Although it is rare when a spouse of 36 years is somewhat complicit in the abuse, mothers will go to great lengths to “protect” and enable their children’s bad habits.

2. Under Ohio law, his estranged wife would receive the entire $18,000 despite what the will states because a spouse is entitled to at least the first $20,000 of assets.

3. Eight wives? Someone should have told him he did not need to marry every woman he dated.

 

 

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All Posts By Jay Brinker

I am an attorney located in Cincinnati, Ohio who practices in the areas of estate planning, probate, asset protection, and small business advice. I make a difficult and bewildering process as simple as possible. Most importantly, I provide "more for less" for my clients.