Home Care Suggestions From A National Elder Law Expert
JUNE 17, 2002 VOLUME 9, NUMBER 51 North Hollywood, California, elder law attorney Stuart Zimring knows what his clients want. “In my Elder Law practice,” he writes, “I have found that when I ask my clients (or their families) what they want more than anything, the answer is frequently ‘I want to stay at home. […]
Stockbroker Faces Both Criminal Charges and SEC In Theft
JUNE 10, 2002 VOLUME 9, NUMBER 50 Charles Zandford was a stockbroker working for Prudential-Bache Securities in 1987 when he first met William Wood. Mr. Zandford persuaded the elderly Mr. Wood to place over $400,000 in a brokerage account for investment. The money was intended to take care of not only Mr. Wood but also […]
Trustee in Fee Dispute Must Repay a Share of Bank Profits
JUNE 3, 2002 VOLUME 9, NUMBER 49 When a trustee charges fees in excess of what is due, how much should it have to repay to the trusts? That was the question posed and decided recently by the U.S. Court of Appeals for the Ninth Circuit, sitting in California. Security Pacific National Bank merged into […]
Feeding Tube Withdrawn From Patient With No Living Will
MAY 27, 2002 VOLUME 9, NUMBER 48 One way to help assure that you will not receive unwanted medical care is to sign an advance medical directive. Every U.S. state now recognizes health care powers of attorney (sometimes called health care proxies) or living wills. Nearly all states recognize both types of documents. Often, however, […]
Widow Awarded Attorney’s Fees In Action Against Estate
MAY 20, 2002 VOLUME 9, NUMBER 47 The probate process is often viewed as unnecessarily time-consuming and expensive. Most states (Arizona included) have vastly simplified probate proceedings, but they can still seem unduly burdensome. Of course, the whole point of having a court-run probate process is to ensure that all parties’ rights and interests are […]
Guardian Ad Litem Appointed For Incapacitated Litigant
MAY 13, 2002 VOLUME 9, NUMBER 46 Ralph Blakely, Jr., signed himself in to a mental health treatment facility for the first time in 1972. Despite treatment he received from time to time over the next quarter century, he continued to suffer from delusions, hallucinations and impaired memory. Mr. Blakely married in 1973. He and […]
Contract For Legal Services On Behalf of Minor May Be Voidable
MAY 6, 2002 VOLUME 9, NUMBER 45 Jonathan Adams was born out of wedlock in 1980. His paternity was established by a court order in 1995 in Florida after his parents, Mildred Adams and Cecil Hylton, Jr. engaged in highly charged litigation over Jonathan’s paternity. This litigation took place several years after the 1989 death […]
Long-Time Companion Is Not Entitled To Share of Estate
APRIL 29, 2002 VOLUME 9, NUMBER 44 Sam Vires and Shirley Schulze were romantically involved for three decades and even lived together for most of the last fifteen years of their relationship. When Mr. Vires died in 1997, however, his will left nothing to Ms. Schulze. Mr. Vires’ will was written in 1984, eight years […]
Constitution Does Not Protect Against Poor Estate Planning
APRIL 22, 2002 VOLUME 9, NUMBER 43 Most Americans understand that there will be no federal estate tax (and, in most cases, no state estate tax) due on their deaths so long as they own less than a threshold amount—$1,000,000 in 2002. Many married couples realize that they can take fairly simple steps to ensure […]
Children “Legally Recognized” in New York Fail to Inherit in Georgia
APRIL 15, 2002 VOLUME 9, NUMBER 42 Paternity may be established a number of ways — through marriage, genetic testing, adoption. Paternity issues may color a will’s administration decades after a probate is filed. Georgian Waldo DeLoache died in 1959. According to his will, the residue of Waldo DeLaoche’s estate was left in trust for […]