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Malicious Prosecution Case Against Lawyers Dismissed

NOVEMBER 24, 2003 VOLUME 11, NUMBER 21 Sherry Zachary was sure that her brother Raymond had taken advantage of their mother. She was so sure that she hired California lawyers John L. Guth and Jeffrey T. Stromberg to file a lawsuit against Raymond. Eventually Raymond sued the lawyers—though not successfully. The first lawsuit filed by …

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Home Health Agency Declares Bankruptcy, Blames Medicare

NOVEMBER 10, 2003 VOLUME 11, NUMBER 19 Home health care benefits available through the Medicare program have been curtailed in recent years. The effect of the government’s crackdown on home health care costs has been felt not only by patients, but also by health care providers themselves. Take, for example, the case of Idaho’s Community …

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Special Needs Trust Planning for Children With Disabilities

NOVEMBER 3, 2003 VOLUME 11, NUMBER 18 If your child has a disability you will have thought about what would happen on your death. Who will take care of your child? Who will pay for that care? Your estate plan can help address those concerns—and should probably include what most in the disability community call …

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Without “Testamentary Intent” Handwritten Note is Not a Will

OCTOBER 27, 2003 VOLUME 11, NUMBER 17 In 1978, shortly after his mother’s death, Donald Gilbert wrote this note on a three-by-five note card: “Dear Lillian, 11-27-78. I’ve been very depressed—I can’t stop crying for Mom—in my death I’ve left everything to you and the children. Don’t be angry with me. Love, Don. Mr. Gilbert …

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Probate Court’s Appointment of Agent as Guardian Reversed

OCTOBER 20, 2003 VOLUME 11, NUMBER 16 When Jessie Simmons signed powers of attorney giving her son Donald authority to handle her personal and financial affairs, she probably thought she was doing the right thing. After all, a power of attorney makes it easier for family members to take care of what needs to be …

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Agreement Between Spouses Voided Ten Years After Signing

OCTOBER 13, 2003 VOLUME 11, NUMBER 15 Reported court cases involving prenuptial agreements sometimes seem to be confused and contradictory. State laws governing such agreements vary somewhat, but the outcome of a challenge is almost always dependent on the peculiar facts in each case. Consider the prenuptial agreement signed by John and Erin Hollett on …

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Arizona Adopts New Uniform Trust Code Effective Next Year

OCTOBER 6, 2003 VOLUME 11, NUMBER 14 [NOTE: After this article was published and circulated, the Arizona legislature delayed the effective date of the Uniform Trust Code in Arizona for two years and then repealed the UTC altogether, and then re-adopted it in a significantly modified form. Readers need to check the current status of …

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Guardian Not Permitted To Maintain Divorce Proceeding

SEPTEMBER 29, 2003 VOLUME 11, NUMBER 13 The guardian of an incapacitated adult is often said to have all the powers that a parent would have over an unemancipated minor child. That legalism, however, fails to give much guidance about any limitations on the guardian’s power. For example: can a guardian pursue a divorce proceeding …

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