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What is a revocable living trust?

No Comments News & Updates

A revocable living trust, more commonly called simply a "living in trust" is usually used as a will substitute and probate avoidance device. Probate is the process of transferring property from the dead to the living. It requires several legal formalities and court oversight, including petitions, an oath, court orders, and notices, before the transfer […]

Important Veteran Benefit Pays for Assisted Living

No Comments News & Updates

I am frequently asked whether there are any public benefits available to pay for assisted living care.  Unfortunately, benefits available to pay for this type of care are limited. Other than some very limited trial or Medicaid waiver programs, the only governmental benefits available to pay for home care and some assisted living care is […]

Trusts Can Enhance FDIC Protection over Savings

No Comments Estate Planning

Are you concerned about the safety of your bank accounts? If so, your fears are justified: Earlier this year the Federal Deposit Insurance Corp. (“FDIC”), which backs bank deposits, reported the biggest jump in "problem institutions" it has seen since the savings and loan crisis of the late 1980s. The FDIC identified 76 banks in […]

Malpractice Claim Against Estate Planner Time Barred

No Comments Estate Planning

A Kansas appeals court rules that because an estate’s malpractice claim against an attorney who prepared estate documents is grounded in tort law and the injury did not occur during the decedent’s lifetime, the cause of action did not survive the decedent’s death. Jeanes v. Bank of America  (Kan. Ct. App., No. 97,855, Aug. 29, […]

Mobid Obesity, Chronic Pain and Depression not SSI Disability

No Comments Elder Law

Continuing a string of Social Security related cases in which the denial of benefits was upheld, the 5th Circuit upheld the ALJ’s denial of applicant’s SSI application finding that, although the applicant was obese and unable to perform the functions of his prior vocation, he was able to engage in light duty work.  The ALJ […]

POA Gifting Power Not Unlimited

No Comments Estate Planning

A Pennsylvania appeals court rules that a durable power of attorney that allows the agent to "make gifts" does not accord the power to change retirement plan beneficiaries or to make large gifts of personal property absent specific authorization in the document. In Re: Slomski v. Thermoclad, et al (Pa. Super. Ct., Nos 1330WDA2007 & […]

Nursing Homes Evicting Costly Residents

No Comments Elder Law

Nursing home evictions of frail and ill residents are rising, according to an article in the Wall Street Journal. The U.S. Administration on Aging reports that formal complaints of eviction practices have doubled over 10 years to 8,500 in 2006, and the practice of involuntary nursing home evictions may be far more prevalent because not […]

Garnishment of Social Security Benefits Illegal

No Comments Elder Law

The Social Security Administration’s Inspector General concludes in a recent report that many banks are violating federal law by garnishing accounts that receive electronic deposits of Social Security benefits. The practice could imperil millions of low-income seniors and people with disabilities who rely on Social Security.

Exciting New Developments in Buy-Sell Planning

No Comments Estate Planning

This article examines exciting new developments in business succession planning – specifically, the use of LLCs or partnerships to own life insurance for buy-sell planning purposes.  Such a structure obtains the advantages of cross-purchase and stock redemption buy-sell agreements without many of the disadvantages of either traditional structure.  This development is significant to all wealth […]

Bill Would End Nursing Home Practice of Mandatory Arbitration

No Comments Elder Law

Two U.S. senators have introduced legislation that would end the practice of nursing home residents signing away their right to a trial before any actual dispute with the facility has arisen.

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