The aftermath of a high-profile police shooting incident in Cincinnati illustrates a central tenet of estate law when a person passes away without an estate plan.
The death of Sam DuBose received massive media attention and sparked national outrage. In July, DuBose was shot and killed by a University of Cincinnati police officer as DuBose was pulling away from a traffic stop.
The now former officer is being charged with murder in the incident.
DuBose was not married and had 11 children. One of the issues in the case was who would pursue a wrongful death claim against the university.
As Cincinnati.com reports in “Settlement talks to begin in DuBose case” that issue has been resolved.
Both DuBose’s mother and father applied in probate court to be given management of the estate, although his mother later withdrew her application. Instead of appointing one of these older relatives, the court has appointed DuBose’s 18-year-old daughter.
The reason for this is an important principle of estate law: if an unmarried person passes away without naming an executor for the estate, then a strong preference is to appoint a child. In this case, the daughter was judged to be competent and capable of managing the estate, so she was appointed.
Although a wrongful death case against the University of Cincinnati has not been filed yet, it appears that the school is eager to settle this case as quickly as possible. The daughter will most likely be managing a few million dollars in the foreseeable future and she will need to distribute the funds fairly to DuBose’s other family members.
Reference: Cincinnati.com (Nov. 19, 2015) “Settlement talks to begin in DuBose case“
“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”
Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.
The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!
I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.
Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.