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Nursing home resident's lawyer

Nursing Home Resident’s Lawyer Did Nothing Wrong

FEBRUARY 23, 2015 VOLUME 22 NUMBER 8 From time to time we report on cases in which lawyers are disciplined for behavior involving clients who are older or have disabilities. We do that not out of any sense of schadenfreude, but because the behavior described in the disciplinary proceeding is illustrative of an important limitation …

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Court Rejects Challenge to Living Trust After Settlor’s Death

FEBRUARY 16, 2015 VOLUME 22 NUMBER 7 Jessica Waltham (not her real name) died tragically in 2012, when her home south of Tucson burned down. She left a small estate, three sons and a bubbling dispute over the validity of her living trust. Jessica had first signed a living trust in 2000. She titled her …

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Medicare Savings Programs

Medicare Savings Programs: QMB, SLMB, QI, QDWI and Extra Help

FEBRUARY 9, 2015 VOLUME 22 NUMBER 6 Health care programs for the elderly, the poor and the disabled can be complicated and confusing. We frequently find that clients are unclear about the differences — in eligibility and in coverage — between Medicare and Medicaid, for instance. Add in the fact that Arizona calls its Medicaid …

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Top Ten Reasons You Might Want a Trust, Rather Than Just a Will

JANUARY 26, 2015 VOLUME 22 NUMBER 4 Do you need a living trust? Even with an estate tax threshold of over $5 million (and double that, for most married couples)? That is the primary question posed by most of our estate planning clients. For years the answer depended mostly on the size of your estate. …

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“No-Contest” Clause in Trust Can Be As Effective As Will Provision

JANUARY 19, 2015 VOLUME 22 NUMBER 3 When we prepare wills and/or trusts for our clients, they often ask if they should include a “no-contest” provision. Typically, they want us to add language that would penalize anyone who challenges the validity of their estate planning documents. Are such provisions effective, or even permitted? We explain …

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