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Social Security Retirement Benefits

No Comments Elder Law

Social Security was enacted   in 1935 to provide some relief to America’s destitute older citizens during   the economic cataclysm known as the Great Depression. A direct descendant of   that more limited effort, today’s Social Security program is in fact a group   of related programs, each with its own eligibility and payment […]

Life Settlements: Understanding the Opportunity for Your Clients

No Comments News & Updates

This article addresses a topic that many professionals do not understand fully — life settlements. For the right clients, a life settlement offers a significant advantage over the alternatives – and one that the client and the planning team should at least consider. Life Settlements – The Basics    The secondary market for life insurance […]

Special Needs Require Special Planning

No Comments News & Updates

If you’re a parent who has taken the time and energy to create a Revocable Living Trust ("RLT") or Will, you should be commended for your initiative and perseverance for ensuring your children and grandchildren are properly cared for when you are gone. If you have not yet created an estate plan, doing so could […]

Spousal Rights to Social Security Benefits

No Comments Estate Planning

    To qualify for divorced spouse benefits, the couple must have been married at least ten (10) years. Further, the divorced spouse must not remarry and be at least sixty-two (62) years old. The divorced spouse is eligible to receive half of that worker’s primary insurance amount. The primary insurance amount is the monthly […]

Attorney Liable for Aiding Fiduciary Breach

No Comments Elder Law

A Texas appellate court finds that an attorney breached his fiduciary duty to a trust beneficiary when he knowingly aided and abetted the trustees in breaching their fiduciary duty. Parenti v. Moberg (Tex.App. [4th Dist.] 5-30-2007) No. 04-06-00497-CV.

Special Needs Trust Income Available for Child Support

No Comments Elder Law

A Pennsylvania appeals court rules that income from a father’s special needs trust is available to pay child support.  Mencer v. Ruch.  (PA.Super 182, 2007) No. 1902 WDA 2006.

Trust Denied Charitable Deduction

No Comments News & Updates

The U.S. Court of Appeals for the Third Circuit finds that the Internal Revenue Code prohibits an estate from claiming a charitable deduction when the proceeds of a single trust are distributed to both charitable and non-charitable beneficiaries. Galloway v. U.S. (3rd Cir. 6-21-2007), No. 06-3007.

Abusive Insurance Sales Tactics Uncovered

No Comments Elder Law

A recent New York Times story reports on the misleading credentials and sales tactics of some unscrupulous financial advisors.  Mississippi’s own Secretary of State’s office was quoted in the article.  “If insurers would cut off these companies, this behavior would end tomorrow. Instead, they just close their eyes or say it’s not their fault when […]

VA Benefit

No Comments Elder Law

 The VA disability pension program is more commonly known as the “Aid and Attendance” program. It is available to single veterans, to veteran households with one or more dependents, or to the surviving spouse and/or surviving dependent children of a veteran. In order to qualify for the benefit, a veteran must have served 90 days […]

Real Property Held by Revocable Living Trust held Exempt

No Comments News & Updates

On certification of a question from the U.S. Court of Appeals for the Tenth Circuit, the Kansas Supreme Court finds that a bankruptcy debtor may claim a homestead exception even when the real property has been transferred to a living trust prior to bankruptcy. Redmond v. Kester  (Kan., No. 97,627,  June 8, 2007).

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