Elder-Abuse Forfeiture

The Elder-Abuse Forfeiture rule states that if someone physically, financially, or emotionally abuses an elderly person who has passed away, and they did so in a bad faith manner, they lose any rights to inherit from that person. Essentially, if you harm an elder, you cannot benefit from their estate.

John, a caregiver, was found to have financially exploited his elderly client, Mrs. Smith, by stealing her funds. The court determined that John acted recklessly and with malicious intent. As a result, John was deemed to have predeceased Mrs. Smith for purposes of her will, losing his inheritance.

Abuse an elder, lose your treasure.

Exams may present scenarios where the abuse is subtle or not clearly malicious, leading students to mistakenly think inheritance rights remain intact. Watch for the nuances of intent and the nature of the abuse.

Questions often involve fact patterns where a potential heir is accused of elder abuse, requiring candidates to analyze the intent and actions to determine forfeiture of inheritance rights.