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We have handled several cases involving family members who either shared or kept secret their estate plans. Often, heirs ask: “Why did they tell me something different than what they told another relative or child?”

The blunt truth is that they may have wanted to stop someone from trying to dictate how their estate plan should be carried out. Occasionally, we see decedents give conflicting accounts to different family members as a self-protection tactic—employing avoidance to escape discomfort, pressure, or undue influence.

Unfortunately, when a decedent says one thing but leaves a different undisclosed plan, it often leads to will contests or expensive litigation from disgruntled heirs. Fortunately, in our experience, these cases usually result in the decedent’s actual written plan being upheld.

We also see clients attempt to contradict the terms of a will or trust by suggesting the decedent “wanted something else.” I have to remind them that, as the estate attorney or executor, we are bound to follow the specific terms of the executed document. Any effort to deviate from those terms could result in the executor or attorney being removed by the court. A document may only be set aside if it can be proven that it does not reflect the decedent’s true intent.

Those who attempt to manipulate a decedent often fail due to legal presumptions regarding undue influence. My advice? Even if asked, don’t get too involved in the planning process of a loved one. Instead, suggest they see a competent estate attorney to assist them. It will save a significant amount of anxiety, legal fees, and family relationships.

Sure, families can have conflicts, but these may stem from issues with control, capacity, a lack of empathy, or a refusal to truly listen and understand.

As we age, we naturally lose some of our judgment. Out of fear and confusion, some aging individuals stubbornly attempt to hold on to their control. On the other side of the equation, loved ones sometimes want to take over control, struggling to empathize with an elderly parent who knows they are losing capacity but has a difficult time asking for help. Ultimately, a parent who lacks capacity and refuses help may become subject to a conservatorship, losing the very control they stubbornly tried to retain.

Occasionally, greedy individuals attempt to control and isolate an elderly person by suggesting to them that the loved ones who truly care are only after their money. In those instances, a conservatorship is absolutely necessary.

Ultimately, when folks care, listen, and try to understand one another, problems get solved and legal fees lessen.

Our firm handled a challenging case involving clients who believed a vulnerable loved one had been manipulated into transferring assets. Before seeking our counsel, they were advised by other attorneys that nothing could be done to recover assets where a beneficiary had been designated years prior to the individual’s death.

The core issue was whether the elderly individual possessed the capacity to understand his actions at the time the beneficiary was named. Following a thorough investigation, we filed a formal complaint demanding accountability.

Preparing for trial required retaining expert witnesses, taking depositions, and navigating complex legal maneuvers intended to prevent the case from being heard. The court denied those opposing efforts, allowing us to proceed and ultimately recover the decedent’s assets that had been taken under questionable circumstances. Most importantly, we achieved both financial recovery and closure for our clients.

Freeland Martz PLLC successfully resolved a case of elder financial exploitation in the Chancery Court on behalf of our client, an 83-year-old Mississippi resident.

The Case

– Client’s Vulnerability: Suffering from advanced Parkinson’s disease and hallucinations, our client required 24/7 care and was incapable of managing his finances.

– Allegations: A caregiver allegedly exploited the client through unauthorized withdrawals and used his credit card for personal travel. The caregiver also attempted to convince him to transfer his real estate to her.

Legal Strategy

Freeland Martz, PLLC established a conservatorship to protect the client from further exploitation. We filed a complaint for recovery and utilized a lis pendens to secure his real estate assets.

Resolution

Following discovery and negotiation, a court-approved settlement was reached in January 2026. As a result, the exploiter agreed to pay $15,000 to the conservatorship for the client’s benefit, securing essential funds for his ongoing care.

This case underscores our commitment to protecting the most vulnerable from financial exploitation. If you suspect a loved one is at risk, Freeland Martz, PLLC can help navigate the Mississippi Chancery Court system.

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.

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.

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.

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)

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 

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.