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, […]

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 […]

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 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 […]

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.

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 […]

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.

The Supreme Court of Ohio suspends an attorney for two years for preparing estate planning documents for clients solicited by a company that uses direct-mailings to market estate planning services in Ohio and other states. Ohio State Bar Assn. v. Jackel (2008-Ohio-1981, May 1, 2008).

A male resident at the Kildegaarden nursing home in Denmark recently made an indecent sexual proposal to a member of the staff. In a U.S. nursing home, this behavior would have been ignored or rebuked. But at Kildegaarden, the response of the facility’s director, Inger Marie Kristensen, was to tell a nurse to telephone for […]

This article examines the unique planning requirements of families with children, grandchildren or other family members (such as parents) with special needs. There are many misconceptions in this area that result in costly mistakes in planning for these special needs beneficiaries. It is therefore incumbent upon us – the client’s advisors – to ensure that […]