You Have a Trust — Now You Need a Beneficiary Designation
MARCH 21, 2016 VOLUME 23 NUMBER 11 You have decided to create a revocable living trust, naming your oldest daughter as successor trustee. Your trust directs that, upon your death, $10,000 is to go to each of your grandchildren, $50,000 to the Good Intentions charity, and everything else will be divided equally among your three […]
Changes in Social Security Claiming Strategies Arrive Next Month
MARCH 14, 2016 VOLUME 23 NUMBER 10 Our good friend Amos Goodall, a nationally-known elder law attorney in State College, Pennsylvania, wrote our newsletter for this week. Amos explains a particularly confusing and complicated issue. The Social Security retirement program basically gives back, with some small interest, funds you and your employer have deposited into […]
Your Trust and Ownership of Real Property
MARCH 7, 2016 VOLUME 23 NUMBER 9 We occasionally get questions from our clients involving ownership of real estate — usually around the creation, funding or administration of a living trust. These questions are particularly common, and since we got them (from different clients) in the last two weeks, it seemed like a good time […]
Dad (Mom), We Need to Talk
FEBRUARY 22, 2016 VOLUME 23 NUMBER 8 This week, a letter from Fleming & Curti, PLC attorney Amy Farrell Matheson, addressed to a father (not, as it happens, her father so much as your father): Dad, we need to talk: We love you and want the best for you. Over the past few months, we’ve […]
Conservator Has Authority Over Property In Another State
FEBRUARY 15, 2016 VOLUME 23 NUMBER 7 We live in an increasingly mobile world. That assertion is hardly controversial. The reality that America’s patchwork of over fifty separate legal jurisdictions can make for confusion and conflict is well understood by lawyers and observers. A recent guardianship and conservatorship case involving two states (neither of them […]
Mediation in Guardianship Proceeding Can Be Effective, But Raises Questions
FEBRUARY 8, 2016 VOLUME 23 NUMBER 6 Sometimes court proceedings are necessary in order to resolve differences of opinion — but almost everyone recognizes that it is good to seek resolution by a simple agreement when the parties can resolve their differences outside court. Mediation, for instance, is a great way to resolve many legal […]
Nursing Home Arbitration Provision Voided in Arizona Case
FEBRUARY 1, 2016 VOLUME 23 NUMBER 5 A recent series in the New York Times chronicled the increasingly common practice of including arbitration agreements in all sorts of consumer contracts. The series noted that such provisions are often buried in the fine print of everything from job applications to car rentals to nursing home admission […]
Disappointed Heirs Not Permitted to Make Claim Against Dad’s Lawyers
JANUARY 25, 2016 VOLUME 23 NUMBER 4 Like a lot of Americans, Fred Brown (though that’s not his real name) had a complicated family life. He had been married twice, and had two daughters — Martha and Sally — from his first marriage. He was still married to Barbara, and she had two children from […]
Woman’s Holographic Will Effective Despite State Law
JANUARY 18, 2016 VOLUME 23 NUMBER 3 It might seem odd that interstate problems in probate proceedings arise. After all, we have had 50 states and a handful of other jurisdictions gathered together in the United States for a half-century, and nearly that many for most of the two centuries before that. Shouldn’t differences in […]
“Decanting” of Trust for Medicaid Patient Challenged
JANUARY 11, 2016 VOLUME 23 NUMBER 2 Jane Murray (not her real name) died in 2003. She had created a number of trusts, including two for the benefit of her daughter Dana. Jane was very worried about Dana’s future, partly because of a long history of drug and alcohol abuse. She included some strong language […]
