An Indiana appeals court rules that before the state may be reimbursed for its Medicaid payments to an SNT beneficiary, the beneficiary's parents must be paid for the uncompensated care they rendered. State v. Hammans (Ind. Ct. App., No. 55A04-0606-CV-294, Aug. 2, 2007). In 1994, Roland and Sue Hammans's son Nicholas sustained traumatic brain [...]
An Oregon appeals court rules that foreclosing on a lien to recover the costs of a resident's care does not allow a nursing home to also recover attorney’s fees pursuant to a contract with the resident's agent. King City Rehab, LLC v. Clackamas County (Or. Ct. App., No. CV05020792; A132436, Aug. 1, 2007). Matilda Smirnes’ [...]
The Supreme Court of New Hampshire rules that a child conceived after her father’s death through artificial insemination is ineligible to inherit from him as his surviving issue. Khabbaz v. Commissioner. (N.H., No. 2006-751, Aug. 9, 2007). After being diagnosed with a terminal illness, Rumzi Brian Khabbaz banked his sperm so his wife, Donna M. [...]
The Supreme Court of New Hampshire rules that a child conceived after her father’s death through artificial insemination is ineligible to inherit from him as his surviving issue. Khabbaz v. Commissioner. (N.H., No. 2006-751, Aug. 9, 2007). After being diagnosed with a terminal illness, Rumzi Brian Khabbaz banked his sperm so his wife, Donna M. [...]
The Delaware Supreme Court fines an accountant for using two lawyers in a "contemptuous scheme" to circumvent its earlier order that the accountant cease engaging in the unauthorized practice of law by drafting wills and trusts for clients. In the Matter of Estep (Del., No. 647, 2006, Aug. 15, 2007). On October 30, 2006, the [...]
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 [...]
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 [...]
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 [...]
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 [...]
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. Kinsey Moberg was sexually assaulted as a young child. Her mother, Michele Adams-Thompson, and stepfather, Larry [...]
