OCTOBER 26, 2009 VOLUME 16, NUMBER 59 The Medicare program has announced its 2010 premium and coinsurance rates. As predicted, an anticipated increase in medical costs will mean a steep rise in Medicare-related premiums, but federal law protects most recipients from having to pay the new rates. One effect of changes in Medicare rate-setting over…
OCTOBER 19, 2009 VOLUME 16, NUMBER 58 More than a decade ago we told you about a Utah case involving a widower’s remarriage (see Surviving Spouse Revokes Trust–Children Disinherited from February 2, 1998) . Although the children of the deceased woman and her surviving husband were supposed to receive everything on his later death, the widower…
OCTOBER 12, 2009 VOLUME 16, NUMBER 57 A reader writes: Can a conservator get a waiver from the requirement of bonding, which costs my mother’s estate over $900 per year? This, along with the $300 court fee to evaluate accountings, is a tremendous amount of money. Can I get my sister to agree that this…
OCTOBER 5 , 2009 VOLUME 16, NUMBER 56 Legal issues confronted by celebrities are, of course, often fodder for tabloids, late-night television and casual gossip. They also often reveal unusual legal problems, since celebrities tend to lead lives that are more complex than those of their fans. Comedian Richard Pryor’s death in 2005 is a case…
AUGUST 24, 2009 VOLUME 16, NUMBER 52 According to the Trustees of the Social Security and Medicaid trust funds, it looks like the annual cost-of-living adjustment (COLA) for Social Security next year will be, well, zero. In other words retirees, those on Social Security Disability and even Supplemental Security Income recipients will see no increase…
AUGUST 17, 2009 VOLUME 16, NUMBER 51 Imagine that you are trying to change the title on your bank account into the name of the living trust you and your spouse just set up. The nice lady at the bank is telling you that you need to get a new tax identification number for the…
AUGUST 10, 2009 VOLUME 16, NUMBER 50 When you name someone as your health care agent, you literally entrust them with life-and-death decisions. When you are the agent the job can sometimes seem overwhelming. Sometimes health care decisions must be made by someone who was not even designated in a power of attorney. A “surrogate”…
AUGUST 3, 2009 VOLUME 16, NUMBER 49 You would like to make sure that your children get along after you are no longer around to tell them to behave, wouldn’t you? Although you may not anticipate any disagreements, you know that money can change relationships, and you have seen how the death of a parent…
JUNE 22, 2009 VOLUME 16, NUMBER 45 A lawyer’s job is, of course, to help his or her client to accomplish the client’s goals. Sometimes, though, the client’s capacity may be diminished, and particularly in the elder law practice. What should the lawyer do when the client seems to be vulnerable to financial exploitation, or…
JUNE 15, 2009 VOLUME 16, NUMBER 44 Tranquilino Ventura was a child when his father died, and just fourteen years old when a lawsuit arising from his father’s death was settled. The total settlement, after costs and fees, exceeded $500,000. When Mr. Ventura turned eighteen he found out that the money was all gone. Mr.…