Is It Important to Avoid Probate? Why, or Why Not?
SEPTEMBER 10, 2012 VOLUME 19 NUMBER 35 Earlier this year we wrote about how to avoid probate. We told you at the time that we might later address whether to avoid probate. This week we’re going to tackle that topic. You might be thinking something like: “‘whether to avoid probate’? Isn’t that foolish? Of course […]
Special Needs Trusts: How Much Trouble Are They to Manage?
SEPTEMBER 3, 2012 VOLUME 19 NUMBER 34 I’m thinking about setting up a special needs trust for my son, who has a developmental disability. Will it mean a lot more work for my daughter, who will be handling the estate? It’s a fair question, and one we hear a lot. No one ever asks: “could […]
Claimant Must Prove Undue Influence, Lack of Capacity
AUGUST 27, 2012 VOLUME 19 NUMBER 33 It has been some time since we wrote about the concepts of undue influence and lack of testamentary capacity — and the differences between these two legal concepts. A recent Minnesota appellate case strikes us as a good opportunity to revisit challenges to wills and trusts based on […]
Is a Contract Not to Revoke Your Will Enforceable? A Good Idea?
AUGUST 20, 2012 VOLUME 19 NUMBER 32 Imagine this scenario: you and your spouse have been married for thirty years, and it is a second marriage for both of you. Each of you brought children to the marriage (your two and your spouse’s three), and all five kids were raised together from their teens as […]
Disclaimer Ineffective When Signed After Accepting Benefit of Property
AUGUST 13, 2012 VOLUME 19 NUMBER 31 A recent Arizona appellate court decision gives us an excuse (not that we really needed one) to write about an arcane planning technique: disclaimer. How do you disclaim an interest in property, and why might you want to? We’ll see if we can give you an introduction to […]
Not a Policy Wonk or Wannabe? Skip This Week’s Elder Law Issues
AUGUST 6, 2012 VOLUME 19 NUMBER 30 The Director of Arizona’s Medicaid program (AHCCCS – the Arizona Health Care Cost Containment System) testified last month before the United States Senate Special Committee on Aging, and his remarks caught our attention. Director Thomas Betlach was testifying about “dual eligibles” — people who are eligible for both […]
“Filial Support” Laws: Making Children Pay for Their Parents’ Nursing Home
JULY 30, 2012 VOLUME 19 NUMBER 29 When your parents go to the nursing home, could you be liable for their bills? That may seem unlikely, but as the country’s leading authority on the subject (Prof. Katherine Pearson from the Dickinson School of Law at Pennsylvania State University) notes, there are laws on the books […]
Divorced, Separated or Filing Soon? Think About Your Estate Plan
JULY 23, 2012 VOLUME 19 NUMBER 28 We’re sorry to hear about your marriage breaking up, and we know you have a lot of other things on your mind. But could we get you to think about your estate plan for a moment? We suspect that in the process of getting divorced or separated, you […]
Living Trust Does Not Prevent Court Involvement After Misuse of Funds
JULY 16, 2012 VOLUME 19 NUMBER 27 Living trusts are increasingly popular and common. One of the principal attractions for most people who execute living trusts is that they can avoid the complication, cost and oversight of the courts and of lawyers. That usually means the trust signer’s family can save money and hassle. Lack […]
CMS: Hospice Patients CAN Appeal Their Care Provider’s Decisions
JULY 9, 2012 VOLUME 19 NUMBER 26 Surveys indicate that recipients of Medicare benefits are consistently pleased with the care they receive. Hospice patients (and their families) often express even higher levels of satisfaction — even though the patient so often dies. But not all hospice patients are pleased with the care they receive, and […]
