13 Oct JOHN AMOS’ DAUGHTER SUES BROTHER ALLEGING DAD’S LAST YEARS WERE NOT “GOOD TIMES”
Shannon Amos, daughter of the late actor, John Amos (best known for his acting roles in “Roots” and “Good Times”), has sued her brother, Kelly “K.C.” Amos, for fraud and elder abuse and accelerating his death (wrongful death). According to Amos’ death certificate, he died at age 84 of congestive heart failure. Shannon wants to freeze the estate assets.
However, Shannon’s suit claims K.C., coerced their dad to sign a new will and trust so that K.C. would be in control and that their dad either lacked capacity or was unduly influenced at that time. She claims that Amos was diagnosed with Lewy body dementia in 2016, although this is being disputed. She also alleges elder abuse by the care given to their father and his isolation from others in his final years. The lawsuit (in which a caretaker/publicist and business associate were also named as defendants) also states Amos was left in situations where sanitation was at issue, causing his safety to be at ris,k including a time when he had a foot infection caused by maggots. She previously reported elder abuse claims to the local Sheriff’s office in 2023. The claims were dismissed by the District Attorney.
The lawsuit further states wrongful death since Amos had severe abdominal pain shortly prior to his passing, but it was not addressed soon enough, resulting in his death. The caregiver (mentioned in the lawsuit who took Amos to the hospital) told the hospital that she was the daughter of Amos. Amos died of a heart attack. Shannon disputes that. Shannon brought similar claims in 2024 for elder abuse after Amos moved from Colorado to California. Detectives determined there was no evidence of wrongdoing.
Issues likely to be Determined:
#1. When, if ever, was Amos diagnosed with dementia?
Medical records should determine if he had been diagnosed with dementia. If so, when was he diagnosed? It should be noted that wills and trusts can be executed even after a diagnosis as long as there is adequate capacity at the time of signing. If he knew the bounty of his affection and reasonably knew about his assets and intent on how his assets were to be distributed, then the will or trust could be valid.
#2. Was there undue influence?
If K.C. was with him at the signing or Amos’ mental condition declined to the point where he could be easily manipulated, then Shannon would more likely be successful.
#3. Was there a wrongful death?
Was the caretaker negligent in not bringing Amos to the hospital quick enough? If so, did that result in measurable damages?
#4. Was there elder abuse?
Previously, neither California nor Colorado officials thought Shannon had a sufficient case. However, those were criminal cases where a higher threshold is needed for conviction.
Probate attorneys should consider family dynamics, capacity, etc. when preparing for the client’s estate plan.
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