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Articles

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.   Kinsey Moberg was sexually assaulted as a young child. Her mother, Michele Adams-Thompson, and stepfather, Larry [...]

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. Heather Mencer instituted a support action against Gary Ruch, the father of her daughter. Due to a brain injury that occurred prior to the daughter’s birth, [...]

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. James Galloway created a single trust under which the [...]

Abusive Insurance Sales Tactics Uncovered

No Comments Elder Law

Mississippi. “It’s scandalous that the insurance companies are working with these marketing organizations.”

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). Donald and [...]

Special Needs Trust Proceeds Available for Child Support

One Comment has News & Updates
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. Heather Mencer instituted a support action against Gary Ruch, the father of her daughter. Due to a brain injury that occurred prior to the daughter’s birth, [...]

Medicaid Planning

No Comments News & Updates
What is Medicaid? Medicaid  is a federal government program that provides financial assistance to persons age 65 and over, or those under 65 who are disabled and who are in need of substantial medical assistance. Medicaid is a needs-based program a person must have a medical need for the assistance and must be of limited [...]

USA Today’s Week-Long Focus on Caring for the Elderly

No Comments Elder Law
The USA Today just ended a week-long series of articles dealing with the difficulties of dealing with taking care of one's parents.  As science is able to keep us alive much longer than our bodies' ability to care for itself, a growing number of children are finding themselves in the role of becoming the "parent" [...]

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