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Category Archives: Newsletter

False Application Info Leads To Rescission Of LTC Insurance

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 8, 2001

JANUARY  8, 2001 VOLUME 8, NUMBER 28 Norma Steinback was interested in purchasing long term care insurance for her husband Jack. When she saw a solicitation from Bankers Life and Casualty Company she returned the postcard indicating an interest. Shortly thereafter Bankers Life agent James Van Noten visited the Steinbacks at their Montana home. During…

Grandparent Visitation Rights Upheld In Arizona Court Case

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 1, 20011 Comment

JANUARY 1, 2001 VOLUME 8, NUMBER 27 In June of 2000 the U.S. Supreme Court decided the case of Troxel v. Granville, concerning the rights of grandparents to secure court-ordered visitation with their grandchildren. In the wake of that case many observers predicted that no such right could survive. Arizona’s Court of Appeals last week…

State Medicaid Program Must Pay For Woman’s Knee Surgery

Newsletter, Tucson Elder LawBy Robert FlemingDecember 25, 2000

DECEMBER 25, 2000 VOLUME 8, NUMBER 26 Indiana resident Petricia Day seemed to be caught in a bureaucratic Catch-22. She needed help paying for her medical treatment. Her problem: Indiana’s interpretation of federal Medicaid rules prevented her from getting the treatment because it might be successful. Medicaid is a federal program partially paid for and…

Tube Feedings May Not Help Emaciated, Bed-Ridden Patient

Newsletter, Tucson Elder LawBy Robert FlemingDecember 18, 2000

DECEMBER 18, 2000 VOLUME 8, NUMBER 25 Frail, demented nursing home patients can eventually lose the ability to take food and fluids by mouth. When that process begins to occur tube feedings may be started. Doctors and family members may believe that such feedings prolong life and improve the ability to fight bedsores and disease.…

Retirement Plan Beneficiary Designation Controls Despite Will Provisions

Newsletter, Tucson Elder LawBy Robert FlemingDecember 11, 2000

DECEMBER 11, 2000 VOLUME 8, NUMBER 24 “Estate planning” means more than just preparing and signing a will. The families of Donald and Mary Perkins learned that even when a will is in place, there still may be problems. Mr. and Mrs. Perkins had both been married before. Each of them had three children from…

Paternity Question Raised In Probate Thirty Years Later

Newsletter, Tucson Elder LawBy Robert FlemingDecember 4, 2000

DECEMBER 4, 2000 VOLUME 8, NUMBER 23 Frank Magrini died in 1965, and his estate was subjected to the probate process in his home state of Washington. The probate took almost ten years to complete, but everything passed to his wife before it was closed in 1974. Nearly a quarter century later three people claimed…

Medicaid “Transfer” Is Incomplete Until Joint Owners Withdraw Funds

Newsletter, Tucson Elder LawBy Robert FlemingNovember 27, 2000

NOVEMBER 27, 2000 VOLUME 8, NUMBER 22 Dora Steinberg was 76 years old when her husband died. She decided that she should put her children’s names on her account. Right after her husband’s death in 1983 she opened a stock brokerage account with Dean Witter Reynolds with about $120,000. The account was titled in three…

Medicare HMOs Continue To Cut Programs Across Country

Newsletter, Tucson Elder LawBy Robert FlemingNovember 20, 2000

NOVEMBER 20, 2000 VOLUME 8, NUMBER 21 Three short years ago Congress was pushing for increased use of “managed care” plans as one way to stave off a looming financial crisis for the federal Medicare program. Today the promise of managed care continues to be unmet—largely because of Congress’ own actions. The federal government picks…

Unlike Arizona, Oregon Power of Attorney Effective for Gifts

Newsletter, Tucson Elder LawBy Robert FlemingNovember 13, 2000

NOVEMBER 13, 2000 VOLUME 8, NUMBER 20 Suzanne C. Pruitt died in 1994 from complications related to her Alzheimer’s disease. At the time of her death her estate was worth over $1.4 million. The IRS argued that it should have been $120,000 more than that, and that the estate should pay just under $50,000 more…

Purchase At Tucson Estate Sale Generates $574,730 Profit

Newsletter, Tucson Elder LawBy Robert FlemingNovember 6, 2000

NOVEMBER 6, 2000 VOLUME 8, NUMBER 19 “Estate sales” are a popular American pastime. After the owner’s death or disability, personal effects may be offered for sale to the public, and bargain hunters love to poke through the merchandise. Some shoppers are hoping to find a perfect match for their own dishes, some are looking…

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