Family
Oct. 6, 2011
The 'treat 'em like they’re dead’ remedy: inheritance forfeiture and elder abuse
In elder abuse cases, Probate Code Section 259 only restricts an abuser's share in the decedent's estate. By Denise Chambliss of Hoge Fenton Jones & Appel
In an action of elder abuse, one of the remedies is an inheritance forfeiture provided in Probate Code Section 259, commonly known by the nickname - the "treat 'em like they're dead" remedy. Section 259 provides that an abuser shall be deemed to have predeceased a decedent where elder abuse is proven. Subdivision (c), provides that "[a]ny person found liable [of elder abuse]...shall not (1) receive any property, damages,...
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