Promise Made To Companion Enforceable Against Estate
NOVEMBER 18, 2002 VOLUME 10, NUMBER 20 Arthur Roccamonte was married, the father of two children and the owner of a trucking business in New Jersey when he met Mary Sopko. Ms. Sopko was also married, and had one daughter. Mr. Roccamonte, attracted to Ms. Sopko, pursued her and the couple embarked on an affair […]
Medicaid Entitled to Recover From Pain and Suffering Claim
NOVEMBER 11, 2002 VOLUME 10, NUMBER 19 Medicaid, the federal/state partnership program providing medical care for disabled indigents, covers medical care regardless of the cause of the beneficiary’s illness or injury. A Medicaid recipient may file a lawsuit against the person causing an injury for which the beneficiary is receiving Medicaid benefits. In such a […]
Property Owned In Living Trust Is Not Affected By New Will
NOVEMBER 4, 2002 VOLUME 10, NUMBER 18 When Robert J. Furst wrote a new will at age 87, he probably thought he was taking the steps necessary to ensure that his two nieces would receive all his assets. The lawyer who prepared the new will, however, did not know that most of Mr. Furst’s assets […]
Claim Against UTMA Custodian For Taking Funds Filed Too Late
OCTOBER 28, 2002 VOLUME 10, NUMBER 17 Allan Levine thought it was a good idea to set aside some money for his young grandchildren, Derek and Danielle Levine, and so in 1987 he established investment accounts for them. He used a popular and easy way of setting aside the money—he created accounts under the Uniform […]
Dealing With Impaired Driving Skills In Aging Family Members
OCTOBER 21, 2002 VOLUME 10, NUMBER 16 Two weeks ago, Elder Law Issues reintroduced to its readers a discussion on driving skills for the aging driver. We suggested continuing our discussion by introducing strategies to deal with the impaired driver. We often hear stories like these: A client whose father gets lost driving in his neighborhood […]
Death of Husband Ends Wife’s Right To Spousal Maintenance
OCTOBER 14, 2002 VOLUME 10, NUMBER 15 Walter and Geraldine Brown had filed for divorce before first Mr. Brown and then Mrs. Brown became incapacitated. When guardianship proceedings were initiated for both of them, the divorce proceeding was simply dismissed. Mr. and Mrs. Brown lived in Indiana, where the language of guardianship is a little […]
What Can Be Done About Driving Skills As We Age?
OCTOBER 7, 2002 VOLUME 10, NUMBER 14 Driving is an enormously important issue to our elderly (and disabled) clients, their family and friends. In the western U.S. and particularly in Tucson, transportation without a car is difficult and inconvenient. Safety of both the driver and the public is paramount, but the loss of independence and […]
Two California Cases Illustrate Types of Elder Abuse, Neglect
SEPTEMBER 30, 2002 VOLUME 10, NUMBER 13 Abuse of the elderly may be physical or financial. In some cases caretakers or family members may simply have failed to provide adequate care and that neglect may have lead to injury (or even death). Most elder care professionals recognize that all three kinds of misconduct are seriously […]
Federal Court Approves State’s Medicaid Drug Savings Plan
SEPTEMBER 23, 2002 VOLUME 10, NUMBER 12 Like other states, Florida is experiencing runaway cost increases in Medicaid, the federal/state program which provides medical care for the poor. One particular area of concern has been the cost of prescription drugs (unlike the Medicare program, Medicaid covers medication costs). Last year the Florida legislature took steps […]
Niece’s Will Contest Dismissed Because She Lacked Standing
SEPTEMBER 16, 2002 VOLUME 10, NUMBER 11 Adelaide Briskman was 82 when she died in Florida. She left property in that state and in Pennsylvania, and a will that she had signed just five months before her death. She also left a controversy between her family and the beneficiary she had named in her will. […]
