Does a Guardian Have the Power to File a Divorce Petition? In Some States, Yes
FEBRUARY 28, 2011 VOLUME 18 NUMBER 7 The issue arises with some regularity. A married couple, perhaps in their second marriage. Adult children. One spouse becomes ill — often, but not always, demented. The other spouse, unable to cope, turns the care of the ill spouse over to one of the children. That child figures […]
“The Dead Have Rights, Too”
We really like Tennessee lawyer Tim Takacs. His bi-weekly online (and e-mail) newsletter was one of the original inspirations for our own Elder Law Issues, and he has provided his clients and his readers with interesting, up-to-date and informative reading material for nearly two decades now. Tim’s last-week Elder Law Fax addressed an interesting topic […]
We Take a Stab at Some Of Our Common Legal Questions
FEBRUARY 21, 2011 VOLUME 18 NUMBER 6 We get asked plenty of general legal questions. We try to give helpful answers, recognizing that we can not give specific legal advice to non-clients (and particularly to questioners from outside Arizona, where we are licensed to practice law). Often our best answer is “check with a local […]
Benefits Eligibility Irrelevant in Lawsuit Over Trust Terms
FEBRUARY 6, 2011 VOLUME 18 NUMBER 5 What can a parent do to ensure continuing care for his or her adult child with a disability? That was the dilemma facing Californian Earl Blacksher in the late 1980s. His daughter Ida McQueen lived with him in the family home in Oakland. She was developmentally disabled, and […]
Boomers to Inherit $8 Trillion
Our good friend Tim Takacs (from Tennessee) has an interesting report this week on a recent study by the Center for Retirement Research at Boston College. You can read the report summary, and order the more-detailed paper from which the quoted information was taken, at the Center’s website.
Uniform Transfers to Minors Act Accounts in Arizona: A Primer
JANUARY 31, 2011 VOLUME 18 NUMBER 4 One question we are frequently asked: isn’t it a good idea to set aside money for a child or grandchild, and isn’t a UTMA (Uniform Transfers to Minors Act) account a simple way to do that? OK — that’s really two questions. Our answers: Yes, it is a […]
More on Types of Trusts — Some of the Less Common Varieties
JANUARY 24, 2011 VOLUME 18 NUMBER 3 Last week we wrote about different types of trusts you might have encountered, and tried to explain some of the generic terms, differences among and between types, and likely settings where a given type of trust might be appropriate. We wrote about spendthrift trusts, bypass trusts, special needs […]
Different Types of Trusts for Different Purposes
JANUARY 17, 2011 VOLUME 18 NUMBER 2 We frequently are asked to explain the differences between different types of trusts, or to analyze a trust with no more information than its type. Confusion about the differences is widespread, and we hope to provide a little clarity to consideration of trust types. Before we embark, we […]
Attorney Disciplined for Advice to Ignore POA Limitations
JANUARY 3, 2011 VOLUME 18 NUMBER 1 Lawyers, of course, grapple with ethical issues constantly. Elder law attorneys see particular ethical issues recur frequently. Sometimes the lawyer’s eagerness to accomplish the client’s wishes can cloud the lawyer’s ethical judgment. Sometimes the lawyer’s fascination with what might be done can even gallop ahead of the client’s […]
Trustee Is Not Required To Create Special Needs Sub-Trust
DECEMBER 27, 2010 VOLUME 17 NUMBER 40 Kenneth Boyd established a revocable living trust in 2002. He named his daughter Carol Boyd as trustee, and directed that the trust be divided, upon his death, into three shares. One share each was to go to Carol, to Kenneth’s mother Elizabeth Boyd, and to Carol’s son Ben […]