Anne Heche Was an Organ Donor; Are You?
Actress Anne Heche died last week at 53 after a fiery crash. Her tragic end was a lifeline to others. She was an organ donor. Heche was declared brain dead on August 12. She was “peacefully taken off life support” on August 14, after a suitable transplant recipient was found. Her family revealed that it […]
How We Advise Clients About “Five Wishes”
You probably have bumped into the “Five Wishes” document before. It is widely promoted, and viewed favorably by most professionals and users. You can order a paper copy of the Five Wishes workbook and form for (as of this writing) $5.00. Or, for $15.00, you can get an electronic version that lets you complete the […]
Naomi Judd Probably Didn’t Disinherit Ashley & Wynonna
Yet another celeb estate is making headlines. This past week, news outlets shared painful news: Naomi Judd left her famous daughters Ashley and Wynonna out of her will. The problem is, nothing in the reporting suggests that’s the case. Famous singer Naomi, who died by suicide in April, apparently did have an estate plan that […]
Could I Face A Nursing Home Lawsuit for A Family Member?
A recent story we heard on the radio described a nursing home lawsuit against a family member of the resident. Several of our clients wondered: is this a real thing? Do I need to worry about a nursing home lawsuit, even if I’m not the one receiving care? Yes, it is a real thing. And […]
July Review: Taxes, Dementia, and Beer
Yes, that’s August right around the corner. So here’s our July review of developments in elder law: July Review of Planning & Taxes The IRS is now allowing surviving spouses five years to elect “portability” instead of just two. Survivors can claim their deceased spouse’s unused estate tax exemption without fancy planning up to five […]
Disabled Beneficiary Graduates; Trust Terminated
It’s not too often that a special needs trust beneficiary “graduates” from their disability. But a heartwarming Michigan case gave us a chance to reflect on the possibility this week. A little background: a special needs trust can be established for a beneficiary who is “disabled” by Social Security standards. It can even contain funds […]
ODB Estate: Not an Ordinary Administration
Celebrity estates, they’re just like ours. Or often not. And definitely not in the case of the ODB estate. Nearly 20 years after the death of rapper ODB, a/k/a Old Dirty Bastard, one of his kids is complaining that neither she nor her siblings have received a single distribution. Daughter Ashana Jones is the heir […]
Power of Attorney Did Not Grant Power to Create a Trust
How can someone create a trust? It seems like a trick question. In Arizona, someone can create a trust by signing a trust document, transferring assets, or by making a will with trust provisions. Arizona even permits someone to just declare a trust exists. But can an agent under a power of attorney create a […]
June Developments: Study Says Life Is Good, Eventually
Elder law isn’t exactly the hot legal topic of the moment, but we’ll still share some of the month’s developments anyway. The June review: Aging in America National Geographic and AARP paired up to do a major study of America’s attitudes toward aging. They covered six areas: health, money, happiness, relationships, life stages, and end […]
Modification of a Special Needs Trust
Is modification of a special needs trust possible? Even if the trust is irrevocable, and its terms are clear? The short answer is “yes” — at least in some circumstances. A recent Texas Supreme Court case illuminates the principles. And the story is pretty interesting, to boot. “Dick” Poe was a prominent businessman from El […]