Clik here to view.
Avoiding Probate — A Good Idea, But Not Always Effective
AUGUST 25, 2014 VOLUME 21 NUMBER 30 Some people really don’t like city traffic, and will go out of their way to get on the freeway whenever possible. Of course, that approach can backfire — freeway...
View ArticleClik here to view.
What To Do About a Child Who Can’t Handle Money
SEPTEMBER 1, 2014 VOLUME 21 NUMBER 31 A reader asks: “could you do an article on how to leave inheritance to a son who is not good at handling money? Should I leave his portion to another son who is...
View ArticleClik here to view.
Which is Better: Guardianship or Power of Attorney?
SEPTEMBER 8, 2014 VOLUME 21 NUMBER 32 Here’s a question we get asked a lot: “which is better for me to get for my mother — a guardianship or a power of attorney?” Sometimes the questioner is checking...
View ArticleClik here to view.
Arizona Guardianship and Mental Health Treatment
SEPTEMBER 15, 2014 VOLUME 21 NUMBER 33 A guardian (of the person) is often said to have all the powers over her ward that a parent would have regarding a minor child. In other words, if the court...
View ArticleClik here to view.
Managing Your Digital Assets With an Eye on Mortality
SEPTEMBER 22, 2014 VOLUME 21 NUMBER 34 For a while it was just an interesting academic problem: what would happen to your Facebook page, your Instagram photos, and your Pinterest collection if you...
View ArticleClik here to view.
How Increased Estate Tax Exemptions Affect Existing Trusts
SEPTEMBER 29, 2014 VOLUME 21 NUMBER 35 A lot has changed in American estate planning in the last decade (as you may have already heard). Estate tax thresholds have increased to (as of 2014) $5.34...
View ArticleClik here to view.
DIY Wills — Another Example Showing Why You Should Hire a Lawyer
OCTOBER 6, 2014 VOLUME 21 NUMBER 36 We occasionally relate stories about people who have prepared their own wills without the help of competent professional advisers (like, for a primary example, a...
View ArticleClik here to view.
Advice for Trustees: When to Make a Requested Distribution
OCTOBER 13, 2014 VOLUME 21 NUMBER 37 Let’s imagine that you are the trustee of an irrevocable trust, and you are considering making a distribution from the trust. Perhaps the distribution has been...
View ArticleClik here to view.
Even Lawyers Can Have Trouble Recognizing Undue Influence
OCTOBER 20, 2014 VOLUME 21 NUMBER 38 We often say that experienced lawyers can be pretty good at judging the competence of a client to make a will, sign a power of attorney or execute other documents....
View ArticleClik here to view.
Lawyer Has Responsibility to Monitor Conservatorship Administration
OCTOBER 27, 2014 VOLUME 21 NUMBER 39 Guardianship (of the person) and conservatorship (of the estate) cases pose special problems for lawyers. Usually, a lawyer involved in such a case will have...
View ArticleClik here to view.
The Developing Law of Trust Decanting
NOVEMBER 3, 2014 VOLUME 21 NUMBER 40 We first wrote about trust “decanting” in this space three years ago. Since then we’ve had occasion to revisit the topic a handful of times — most recently about...
View ArticleClik here to view.
Medicare Eligibility at 65: What You Need to Know
NOVEMBER 10, 2014 VOLUME 21 NUMBER 41 Almost ten thousand Americans turned 65 today. Almost all of them will be eligible for Medicare coverage. Those who are new to Medicare will need to make some...
View ArticleClik here to view.
Nursing Home Arbitration Agreement May Not Be Enforceable
NOVEMBER 17, 2014 VOLUME 21 NUMBER 42 If you have recently signed a family member (or a friend, or yourself) into a nursing home or other care facility, you probably have been presented with an...
View ArticleClik here to view.
New Thanksgiving Tradition to Consider: The Conversation
NOVEMBER 24, 2014 VOLUME 21 NUMBER 43 You’ve signed your health care power of attorney and your living will (maybe they were in the same document). You’ve given a copy to your doctor and of course...
View ArticleClik here to view.
New Florida “Trust Protector” Case Shows How the Idea Can Work
DECEMBER 8, 2014 VOLUME 21 NUMBER 44 We’ve written several times about the relatively new concept of “trust protectors.” The idea is that a trust can be much more flexible if someone — necessarily...
View ArticleClik here to view.
Assets Not Held As Part of Trust Pass to Different Successors
DECEMBER 15, 2014 VOLUME 21 NUMBER 45 From time to time we see appellate court decisions dealing with a common estate planning problem: after creation of a trust, changing title to assets is an...
View ArticleClik here to view.
ABLE Act Passes — We’ll Tell You What It Means
DECEMBER 22, 2014 VOLUME 21 NUMBER 46 The Achieving a Better Life Experience Act passed the U.S. Senate last week, and was sent to the President for a final decision whether to adopt it. There is...
View ArticleClik here to view.
The ABLE Act — How Will You Be Able to Use It?
DECEMBER 29, 2014 VOLUME 21 NUMBER 47 Last week we told you about the passage of The Achieving a Better Life Experience Act, and tried to spell out some of the important details. But until we can all...
View ArticleClik here to view.
“Filial Support” Laws and Nursing Home Collections
We read an interesting article today, posted on the Elder Law Prof Blog. It includes an interview with the child of a nursing home resident — the child (not the resident) was successfully sued for a...
View ArticleClik here to view.
Forgot to Make New Year’s Resolutions? We Can Help
JANUARY 5, 2015 VOLUME 22 NUMBER 1 First we’d like to apologize for not getting this to you last week. We know how hard you were working to prepare some good New Year’s Resolutions. You wanted some...
View Article