Financial abuse of elder Americans is considered by some to be “the crime of the century” since it amounts to as much as $30 billion per year in losses.  One study found 37% of seniors are affected by abuse over any five-year period, which can result in them skipping meals or medications to compensate for the shortfall or, worse yet, losing their homes.  Given the sheer numbers of baby boomers aging and living longer, not to mention folks over 50 controlling more than 70% of the nation’s wealth, we can only expect this trend to surge—increased dementia rates follow longer lifespans. In the first part of this series, we…

Chadwick Boseman, the actor behind Marvel Comic’s titular character in Black Panther, died earlier this year at the age of 43.  Doctors diagnosed Boseman with stage III colon cancer in 2016, and he battled it in secret as it progressed to a terminal, stage IV diagnosis.  Despite having four years to determine how to divide his estate, he did not execute a will.  So, what is to happen with his estimated $12 million estate? When someone dies without a will or some other estate plan in place, their assets pass via “intestate succession”.  Simply put, intestacy laws are state statutes that substitute for a will when someone dies without one. …

If you’ve only seen one piece of artwork from the elusive British street artist Banksy, there’s a good chance it is “Flower Thrower”.  Originally appearing on a West Bank, Bethlehem wall in 2005, Pest Control (the official entity that authenticates Banksy’s art) trademarked the image in 2014 without endeavoring to use it in commerce (as required by both American and European Union trademark law). Full Colour Black, a British greeting card company that often uses Banksy’s images, challenged the trademark in 2019 and requested its cancellation for having been filed in bad faith.  Essentially, Full Colour Black’s argument was that it was trademarked without any intention of being used in…

After public displays of her deteriorating mental health, including shaving her head and attacking a paparazzo’s car with an umbrella, a conservatorship was established for Britney Spears by her father, Jamie, in 2008.  Also, known as guardianship, a conservatorship is a legal construct by which someone can be appointed to manage a ward’s (in this case, Britney’s) personal affairs (a Guardian of the Person) financial affairs (a Guardian of the Estate) or both (a General Guardian).  Most often, they are used in instances of ailing, older adults suffering from dementia and children under the age of 18 with significant assets. Earlier this month, Britney asked that her father be removed…

Earlier this week, the Washington Redskins announced they would be retiring the team name, due in no small part to societal and corporate pressures that have been mounting for decades. While various fan groups and news outlets speculate and take polls regarding what the new name should be, others are entering the fray to do something about it; namely, registering various potential names in hopes, presumably, of cashing in.  The practice is called “trademark squatting” and applies specifically to folks who register trademarks without real intention to use them.  To be legitimate, more is required than simply plopping down the $275 application fee with the United States Trademark and Patent…

As reported by Charleston’s ABC News 4, a probate judge ruled Mayor John Tecklenburg wrongfully took money from an elderly woman for whom he cares, despite his claims it was done for her benefit and that he had no idea it was improper. Tecklenburg served as the conservator, or guardian, for Johnnie Wineglass, a 92 year-old former school teacher and community volunteer, who was a close family friend and former victim of financial scams.  According to Tecklenburg, Wineglass’ finances were insufficient to sustain her medical and nursing home needs and, as a result, he was pressed to generate income for her. His solution to that problem was (1) to take…