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Can a Special Needs Trust Pay Credit Card Bills? Security Deposit?

JANUARY 21, 2013 VOLUME 20 NUMBER 3 Administering a “special needs” trust can be a challenge. The rules often seem vague, and they occasionally shift. What may seem like a simple question might actually involve layers of complexity. Sometimes an expenditure might be permissible under the rules of, say, the Social Security Administration, but not …

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New Years Resolutions — Feel Free to Borrow One or More

DECEMBER 31, 2012 VOLUME 19 NUMBER 47 The distribution date for this week’s Elder Law Issues newsletter is New Year’s Eve. Although we have been publishing this (more-or-less) weekly newsletter for 19 years, that has only happened twice before — in 2007 and 2001. In both of those instances we passed up a chance to …

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Mexican Land Trust Is Not a “Trust” to the IRS

NOVEMBER 26, 2012 VOLUME 19 NUMBER 43 Many Arizona residents own vacation property in Mexico. Most Arizonans are at least somewhat familiar with Mexico’s land laws governing property ownership by U.S. citizens. The Mexican Federal Constitution of 1917 prohibits non-citizens (of Mexico, that is) from owning property within 100 kilometers of the border or 50 …

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Step-Children and Disinherited Children Might Have Rights — It Depends

NOVEMBER 12, 2012 VOLUME 19 NUMBER 41 A prospective client asks: “Can my mother cut me out of her will after my father dies? His will leaves everything to the children after her death.” That deceptively simple question comes in a number of variations (like: “My mother’s will left everything to her children, but her …

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