NOVEMBER 1, 2010 VOLUME 17 NUMBER 34 It doesn’t happen often, but it does happen. An elderly couple, with one spouse slipping mentally, contemplates divorce. Perhaps the well spouse is simply unable to cope. Perhaps both are compromised mentally and/or medically. Perhaps there are long-term care issues involved. Perhaps the spouse with mental failings has…
OCTOBER 25, 2010 VOLUME 17 NUMBER 33 It has been a while since we wrote about “vest pocket” deeds. That reflects the reality that they are more common in fiction and mythology than in the real world of legal proceedings, but they occasionally do crop up. The problems of validity and effect can involve lawyers…
OCTOBER 18, 2010 VOLUME 17 NUMBER 32 Three weeks ago we wrote about how to leave an IRA (or other qualified retirement plan) to a special needs trust for your child who has a disability. Two weeks ago we wrote about whether you should (and how you would) name any trust as beneficiary of an…
OCTOBER 11, 2010 VOLUME 17 NUMBER 32 Imagine this: you have a long-standing history of philanthropy and community involvement. You have substantial assets and you feel that you should use some of them to enrich the community where you live, where you made your fortune, and where your children were raised. Your spouse agrees with…
OCTOBER 4, 2010 VOLUME 17 NUMBER 31 Last week we wrote about how you can go about leaving your IRA (or 401(k), 403(b), etc.) to a child with a disability. In passing we mentioned that the discussion about how to leave your IRA to any trust could wait for another day. Today is that day.…
SEPTEMBER 27, 2010 VOLUME 17 NUMBER 30 This is so confusing to clients, but it needn’t be. The rules are actually simpler than they seem. Stay with us, and we’ll walk you through it. OK, here’s the set-up: You have three children, one of whom (the youngest) has a disability. We’ve decided to name her…
SEPTEMBER 20, 2010 VOLUME 17 NUMBER 29 There is a lot of mythology, misunderstanding and just plain confusion about wills and probate. Sometimes the reported cases don’t help clarify what makes a will valid, when it is subject to challenge or even what might be a will. The general rule is clear, and ancient. The…
SEPTEMBER 13, 2010 VOLUME 17 NUMBER 28 This week’s Elder Law Issues addresses a problem that is increasingly common in the senior community: the aggressive sale of reverse mortgage arrangements to homeowners who may not really need or benefit from such a financing technique. We saw the following list of danger signals for reverse mortgage…
SEPTEMBER 6, 2010 VOLUME 17 NUMBER 28 The question addressed in a ruling last month by the Arizona Court of Appeals seems provocative. In a lawsuit based on the Arizona law prohibiting abuse, neglect or exploitation of vulnerable adults, does the very life of the abused senior have any intrinsic value? The Court’s answer: perhaps,…
AUGUST 23, 2010 VOLUME 17 NUMBER 27 It really is unfortunate that we didn’t see this problem coming. Those of us who pioneered special needs trust planning back in the 1980s should have realized that we were setting up everyone (including ourselves) for confusion. We should have just given the two main kinds of special…