MARCH 14, 2011 VOLUME 18 NUMBER 9 Let us be clear right up front. The California Court of Appeals ultimately agreed that Steven Wayne Stoker had successfully revoked a will favoring a former girlfriend. He also successfully revoked the trust created at the same time as that original will. In a sense, our headline is…
Here’s a question that comes up frequently in our practice: how should the funds held in a special needs trust be invested? The answer should be obvious: a good investment plan for a special needs trust — just like a good investment plan for an individual — should consider the amount available to invest, the…
MARCH 7, 2011 VOLUME 18 NUMBER 8 Two weeks ago we answered some of our readers’ frequent questions, and we solicited more. We heard from several of you with good questions of general interest. Among those (with identifying information and some details stripped out): My wife and I do not have any obvious family member…
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…
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…
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…
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…
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.
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…
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…
