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Homeless client receives the significant estate that their parents intended

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We recently concluded a complex inheritance recovery case for a client who had been estranged from her brother and was experiencing homelessness.

The client was brought to us by a friend who believed her brother was using the parents’ estate as his personal piggy bank. The brother had falsely reported to a financial institution that he did not know his sister’s whereabouts, despite knowing she was living only 44 miles away, and he was attempting to close the estate quickly so that he would avoid accounting to the court his self-dealing. 

Our firm was successful in stopping the rapid closure of the estate and immediately began subpoenaing financial institutions for an accounting of the assets. Following an independent audit, the executor (the client’s brother) was removed. We were able to negotiate a settlement, thereby avoiding lengthy litigation, which requires the brother to return the misused accounts to the estate and ensures the client receives an equal share of their parents’ assets, as originally intended.

The AI Hype vs. The Legal Reality: Why Verification Still Matters

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When using AI, it’s crucial to remember that it doesn’t understand your specific circumstances or the nuances of your case. Just as our parents encouraged us to “look it up” rather than guess, attorneys must verify information and not rely solely on AI-generated content.

In recent times, some lawyers have become overly reliant on AI, citing non-existent cases and fabricated laws. This has led to attorneys misrepresenting applicable law in court, causing frustration for judges. State and federal courts in Mississippi, Tennessee, and Alabama have recently reprimanded attorneys for this exact issue.

While AI can be a useful tool, it can also lead to inaccuracies and misinformation. We strongly suggest hiring an attorney who is both honest with you and the courts, and diligent in backing up their statements with thoroughly researched information. This approach will ultimately save you both time and money.

Watch out who your “friends” are

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We learned what the “friends” of a client’s deceased sister cared for when we took their depositions in an estate proceeding; it was her money. As her health deteriorated, one friend took her vehicle, and both friends took her to her bank when she was confused. Each “friend” had her change the beneficiary designations so they would get her assets when she died. She died within a month of those changes. 


The case was initiated by the decedent’s bank when the “friends” both tried to claim who got the remaining assets. The Bank deposited the funds with the court. The Court notified the decedent’s family, who lived far away. Someone entered her home, rummaged through her documents, took her will, and her “friends” then tried to claim what the decedent wanted. Of course, someone was lying because the “friends'” stories were not the same. Since the decedent’s family lived several hours away, it was easier to take advantage of her. Friends care about you, not what you have, which is how they reveal who they truly are.  Greed is insatiable, after all.

Freeland to discuss issues of capacity & Competency at the Elder conference 

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Hale Freeland has been asked to present a session on “Capacity, Competency, and Consent: Legal and Ethical Perspectives” at the 2025 Elder Law Conference. This event is presented by North Mississippi Rural Legal Services and will be held at the Oxford Conference Center on September 5, 2025.

This seminar covers a range of important topics, including financial exploitation, long-term care, Medicare and Medicaid issues, guardianships, end-of-life planning, and aging in place. These are all crucial issues that affect our families as we age. The conference is designed for attorneys, social workers, and anyone who works with or assists elderly individuals.

You can find more information and register at: [https://www.eventbrite.com/e/2025-elder-law-conference-attorney-registration-registration-1470980525349](https://www.eventbrite.com/e/2025-elder-law-conference-attorney-registration-registration-1470980525349)

Freeland to Speak on August 21st, at an Elder Law Seminar for Paralegals 

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Hale will present a portion of a webinar for paralegals addressing ethical issues related to the Elder Law practice. His discussion will address how paralegals are affected by the attorney’s professional rules of conduct, the capacity of the clients to understand and manage their affairs, and handling sensitive information.  More information regarding the seminar may be obtained at the Institution for Paralegal Education website. https://ipe-sems.com/products/100680 

Legal Victory: Freeland Martz Secures Recovery for Client Abandoned by Predator

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Freeland Martz prevailed in the Mississippi Court of Appeals, affirming a judgment for an elderly client who was the victim of systematic financial exploitation and emotional abuse. The case highlights the critical importance of legal protections for vulnerable adults and resulted in the recovery of substantial assets.

The case centered on a 78-year-old retiree targeted by a former coworker who had dementia. She took hundreds of thousands of his assets, then got a marriage license after his cancer diagnosis, and then took everything else he had, appropriating nearly $1 million of his life savings. The exploitation started when she used his retirement funds to buy a house, which was immediately deeded into her name alone.

As the client’s health declined with dementia, the abuse escalated. His new wife isolated him in a rental property where he was found neglected after a neighbor contacted adult protective services. He was then placed at an assisted living facility where the staff witnessed his female exploiter screaming at him on the phone, threatening him with prison if he didn’t liquidate his European assets for her.

The gentleman knew he had been a victim of a scheme, but he did not know how and filed for divorce and to recover his assets. As his mental condition deteriorated further, his nephew filed for a conservatorship. The court granted the divorce on the grounds of habitual cruel and inhuman treatment, finding that the client’s wife had appropriated assets through “threats, intimidation, emotional or verbal abuse, and forced isolation.” This led to the client being awarded the house, a vehicle, and his liquidated assets.

The wife appealed this, but the Mississippi Court of Appeals affirmed the chancery court decision, which validated that spousal abuse includes financial exploitation, setting a precedent against the exploitation of the elderly.

Employer Policies Prevail in Workers’ Compensation Case

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Freeland Martz successfully defended another workers’ compensation claim despite having to address the traveling employee and found dead presumptions. 

This case involved a traveling employee (truck driver) who was found dead in the truck of his cab after refusing to comply with clear company policies to vacate the truck’s cab. Despite repeated instructions and assistance offers, the employee remained without authorization or medical clearance.

The claimant argued that the death occurred during the course of employment, invoking the “found dead” presumption. The employer effectively demonstrated the employee’s substantial deviation from company directives and policies meant the presumption did not apply.

After two favorable ALJ decisions and one Full Commission remand, in a 2-1 decision the Full Commission ruled in the employer’s favor. The Mississippi Court of Appeals affirmed that the employee’s refusal to follow explicit employer instructions and policies constituted a substantial deviation, negating the presumption and resulting in the denial of the claim. This outcome highlights the importance of employer guidelines and employee adherence to safety and operational protocols.

The court holds that exploiting your sister and deceiving your family is not a good estate plan 

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The Freeland Martz firm successfully contested a document purporting to be a will signed by a person who had long suffered from Alzheimer’s disease. After the client retired from the Navy, she returned to Mississippi and bought a home near her family. Her youngest brother had long counted on her providing for him and for her assets to become his estate plan.  As she became more confused, suffering from Alzheimer’s disease, he became aggressive, taking her to his attorney and getting her to sign over her home, getting her to buy his vehicle, threatening her if she failed to cooperate. Ultimately, she began to fear him and her other family members became more involved and sought the protections of a court-supervised guardianship, which their sister knew she needed. Through the guardianship, her sisters oversaw her accounts and got her home back in her name. After a few years, when their sister died, the brother presented what he claimed to be her will, which he had lied about and concealed for years. Other family members challenged it in a will contest. The court found that the will would have been revoked by his sister or his guardians had it not been concealed; moreover, the document he claimed to be the decedent’s will was not presented at trial and authenticated by a witness who saw her sign it. The Court found that the sister died intestate without a will and that all of her siblings would share her estate, even the selfish brother who tried everything he could to get it all.   

Only you can keep your promise

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People lie or simply change their minds. Others tell you what they think you want to hear. Only what one does to formalize their promises matters in courts. We often hear about promises of inheritance and commitments to relationships that someone made prior to death. Increasingly, as folks live together without legally formalizing their relations through a marriage, the surviving partner can be left with nothing, even though they contributed financially and personally for years in the relationship. Unless they were named as a beneficiary in a will, trust, or assets, promises of where that would go are meaningless. 

Unless the relationship was formalized by marriage, the surviving partner has no rights based upon the relationship alone. Few states recognize a “palimony right,” yet in nearly every estate case we have, we hear about promises that were never formalized. The failure to formalize promises only results in the heartbreak of a broken promise because our courts cannot simply rely on one testimony of what was promised by the decedent. We can assist those who make promises and want to keep them by formalizing the promises in an estate plan. As far formalizing a personal relationship, that would involve a pastor, priest, or justice of the peace. Just don’t assume things will all work out as you hoped after you have passed. You won’t be around then to keep your promise.      

Caring Too Much, in Other Words, Enabling

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Often, you hear a casual farewell expression: “Take care.” That came to mind when I was trying to help a client who “cared so much for others,” she lacked the resources to provide for herself and her medical care. Friends and family know who has a soft heart and sometimes take advantage by ignoring the needs of those who they are asking for help. Worse yet, just helping those you care about in difficult circumstances might be merely “bailing them out” and not helping them learn from the choices they have made. As a result, the bad choices and irresponsibility will continue because being bailed out avoids having to learn from the consequences of one’s actions. We have seen the problems that arise when this becomes a pattern in which some family members relate. The giver feels needed and gives despite the hardship, which may result in giving too much, and the recipient of the gift then becomes dependent. Sometimes, the person giving does so to feel needed and to control the recipient. It’s good to be needed, but giving in order to control others is selfish and harmful to the person being manipulated. Sometimes, the recipient is taking advantage as well. Controlling, manipulating, and enabling are not the basis of trusting relationships. Truly caring is uncomplicated; it’s just not easy to figure out how to help in each instance.