APRIL 12, 2004 VOLUME 11, NUMBER 41 Kathryn Gordon’s will named her sister, Nancy Molet, to handle her estate. Based on that will Ms. Molet was appointed as personal representative. Like most individuals in such circumstances, Ms. Molet hired an attorney to help her get through the probate process. Eventually Phoenix attorney Harvey Finks billed …
Probate Fee Dispute Leads to Additional Attorney’s Fees Read More »
APRIL 5, 2004 VOLUME 11, NUMBER 40 A Florida court found Alvarado Kelly incompetent in 1960, and appointed a guardian to manage his property. Fifteen years later Mr. Kelly moved to a facility in Mississippi operated by Sarah Cuevas; he lived in that facility until his death twenty five years later. After his death Mr. …
“Full Faith and Credit” Applies In Two-State Probate Actione Read More »
MARCH 29, 2004 VOLUME 11, NUMBER 39 Thomas A. Smith had two daughters from his first marriage and two step-children from his second wife. In 1996, shortly after his second wife’s death, he changed the beneficiary designation on a $100,000 life insurance policy so that the four children would share the policy proceeds equally. In …
Power of Attorney Used to Change Insurance Beneficiaries Read More »
MARCH 22, 2004 VOLUME 11, NUMBER 38 Claude Baldwin, Jr., prepared a living trust to avoid probate of his estate. His trust directed a distribution to be made at his death to his sister Bernice Branch. The trust was silent as to what would happen if Ms. Branch died first. Of course Mr. Baldwin could …
Deceased Beneficiary’s Share of Trust Goes to Her Children Read More »
MARCH 15, 2004 VOLUME 11, NUMBER 37 Louise Friar worried about what would happen to her modest estate if she ever needed to go into a nursing home. She owned her home, and she had two certificates of deposit that represented her life savings. Whether she got the idea from friends, professional advisors, her own …
Mother Sues Son Over Transfer of Home and Bank Accounts Read More »
MARCH 8, 2004 VOLUME 11, NUMBER 36 In June 2001, four national advocacy organizations and an individual plaintiff sued Secretary of the U.S. Department of Health and Human Services (HHS), Tommy Thompson. The lawsuit sought the court’s help to force Secretary Thompson to follow the law’s requirement that comparative written information about what participating Medicare+Choice …
Court Says HHS Secretary Thompson Acted in Bad Faith Read More »
MARCH 1, 2004 VOLUME 11, NUMBER 35 When a recipient of Supplemental Security Income (SSI) or Medicaid benefits receives money, the benefits may be reduced or even terminated. That is why most parents of children with a disability should consider establishing a “special needs” trust to handle any inheritance or gifts. Making the decision to …
Fleming & Curti Offers Seminar For “Special Needs” Trustees Read More »
FEBRUARY 23, 2004 VOLUME 11, NUMBER 34 It makes sense that someone seeking to qualify for public benefits would want to argue that they do not have assets available to them. Sometimes, however, an applicant will want to argue that more assets are available, as Charles Smith and his wife did—unsuccessfully. Mr. Smith, an Arizona …
Pending Insurance Claim Is Not “Available” to ALTCS Applicant Read More »
FEBRUARY 16, 2004 VOLUME 11, NUMBER 33 In 1999 the Platte County, Missouri, courts appointed a guardian of the person and conservator of the estate for Linda Werner. Because of her schizophrenia and her resulting difficulty in making responsible decisions the court decided that Janet Waddell, the county’s “public administrator,” should handle Ms. Werner’s personal …
Ward Has Burden of Proving That Guardianship Should End Read More »
FEBRUARY 9, 2004 VOLUME 11, NUMBER 32 When someone in a nursing home qualifies for Medicaid, he or she will usually still have to pay a portion of the nursing home bill. In some cases this can mean that the resident must pay more than his or her income—or risk eviction from the nursing home. …
Medicaid Beneficiary’s Alimony Payments Allowed to Continue Read More »
