Alive and Kicking: New Book Offers Legal Advice to Boomers
APRIL 16, 2007 VOLUME 14, NUMBER 42 Ironies abound as the leading edge of the “Baby Boom” generation heads into its 60s (and retirement). The generation that vowed never to trust anyone over 30 will shortly have to figure out minimum distribution rules from Individual Retirement Accounts, Medicare’s Part D coverage and its limitations, and […]
High-Stakes Guardianship Case Illustrates Multistate Conflicts
APRIL 9, 2007 VOLUME 14, NUMBER 41 Mark Glasser and Suzanne Glasser Matthews, brother and sister, have spent the last two years battling for physical and financial control over their mother, Lillian Glasser. The 86-year-old Mrs. Glasser, who at one point had an estimated net worth of $25 million, has been the subject of proceedings […]
Personal Services Agreement Upheld As Payment for Value
APRIL 2, 2007 VOLUME 14, NUMBER 40 When Mary Brewton entered a Louisiana nursing home in January, 2003, her husband Marvin stayed in their family home. The value of the home was not considered in calculating her eligibility for Medicaid assistance with the nursing home costs, and so she qualified immediately. When her husband moved […]
Lawyer Who Drafted Contested Will Sued After Case Settles
NOVEMBER 27, 2006 VOLUME 14, NUMBER 22 Laura Carnese had suffered a stroke, and (as it turned out) had only a few weeks to live. A friend and relative by marriage, Charles Carnese, happened to be a lawyer; he arranged for a former associate, attorney Anthony J. Barker, to visit with Ms. Carnese and help […]
Medicare Part D Enrollment Period Runs Through Year End
NOVEMBER 20, 2006 VOLUME 14, NUMBER 21 Medicare Part D (the prescription drug benefit plan begun last year) includes an annual “election period” from November 15 through the end of the calendar year. Seniors—many of whom struggled to understand the program a year ago and waded through reams of information to select the most promising […]
Pension Protection Act of 2006 Includes Little-Known Benefits
NOVEMBER 13, 2006 VOLUME 14, NUMBER 20 Even as the recent national election was ramping up late last summer, Congress passed and the President signed the Pension Protection Act of 2006. Billed as a great boon to most workers, the Act may not have nearly the advertised effect—primarily because of a continuing shift away from […]
Beneficiary Form in Substantial Compliance With 401(k) Rules
NOVEMBER 6, 2006 VOLUME 14, NUMBER 19 James Marier was married to his wife Kathleen for twelve years, until the couple divorced. As often happens, Mr. Marier continued to maintain a good relationship with his step-daughter, Tracy Marks. Her children called Mr. Marier “Grandpa Jim,” and he continued to spend holidays with his ex-wife, his […]
Attorney Prepares Will Leaving Client’s Estate to His Daughter
APRIL 24, 2006 VOLUME 13, NUMBER 43 Sarah Ann Ester Straw went to her lawyer, N. Frank Lanocha, to have a will prepared. According to Mr. Lanocha, she wanted to leave the bulk of her estate to the lawyer’s daughter, Teresa Lanocha-Sisson. He prepared a will that did exactly that—in fact, it left $1,000 to […]
Suit Against Bank for Allowing Trust Amendments Dismissed
APRIL 17, 2006 VOLUME 13, NUMBER 42 June Miller once told the trust officer at her bank that she loved her son Warren Miller but that she didn’t like him very much. That might have been her motivation for making a number of changes to her estate plan in the last few years of her […]
Iowa Allows Medicaid Recovery Against Joint Tenancy Property
APRIL 10, 2006 VOLUME 13, NUMBER 41 As many states have become more aggressive about recovering the costs of Medicaid care from the estates of deceased beneficiaries, one issue has appeared to be insoluble. Federal law permits states to make a claim against property held in joint tenancy at the time of a Medicaid recipient’s […]