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Bankruptcy Court Discharges Trustee’s Liability for Breach

DECEMBER 16, 2002 VOLUME 10, NUMBER 24 Antonia Quevillon, then age 70 and in poor health, consulted attorney Carl Baylis about her estate plan. Mr. Baylis prepared a living trust for her, and arranged transfer of apartment buildings she owned into the trust’s name. The trust named Mr. Baylis himself as co-trustee—to serve along with …

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Fund Earmarked For Nursing Homes Frozen In Budget Crisis

DECEMBER 9, 2002 VOLUME 10, NUMBER 23 Nursing home operators, often joined by advocates of better care for seniors and the disabled, have maintained that government-set payment rates for nursing homes are inadequate to ensure quality care. Most of the focus of those complaints falls on Medicaid reimbursement rates and, to a lesser extent, Medicare …

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Lawyer Never Met With Client, and Will He Prepared Is Invalid

DECEMBER 2, 2002 VOLUME 10, NUMBER 22 Involving a lawyer usually helps to ensure that one’s wishes are carried out after death. As reported in last week’s Elder Law Issues, however, that is not always the result. It is important that the lawyer actually meets with and counsels the person signing a will—as is demonstrated …

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Beneficiary of Unsigned Will Not Permitted to Sue Attorney

NOVEMBER 25, 2002 VOLUME 10, NUMBER 21 In most cases writing a will is not terribly difficult. Making sure the will is effective can sometimes be more challenging. Involving a lawyer is supposed to make the process easier and the results more effective, but it does not always work out that way. Dr. Warren Sisson, …

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Medicaid Entitled to Recover From Pain and Suffering Claim

NOVEMBER 11, 2002 VOLUME 10, NUMBER 19 Medicaid, the federal/state partnership program providing medical care for disabled indigents, covers medical care regardless of the cause of the beneficiary’s illness or injury. A Medicaid recipient may file a lawsuit against the person causing an injury for which the beneficiary is receiving Medicaid benefits. In such a …

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Claim Against UTMA Custodian For Taking Funds Filed Too Late

OCTOBER 28, 2002 VOLUME 10, NUMBER 17 Allan Levine thought it was a good idea to set aside some money for his young grandchildren, Derek and Danielle Levine, and so in 1987 he established investment accounts for them. He used a popular and easy way of setting aside the money—he created accounts under the Uniform …

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Dealing With Impaired Driving Skills In Aging Family Members

OCTOBER 21, 2002 VOLUME 10, NUMBER 16 Two weeks ago, Elder Law Issues reintroduced to its readers a discussion on driving skills for the aging driver. We suggested continuing our discussion by introducing strategies to deal with the impaired driver. We often hear stories like these: A client whose father gets lost driving in his neighborhood …

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Death of Husband Ends Wife’s Right To Spousal Maintenance

OCTOBER 14, 2002 VOLUME 10, NUMBER 15 Walter and Geraldine Brown had filed for divorce before first Mr. Brown and then Mrs. Brown became incapacitated. When guardianship proceedings were initiated for both of them, the divorce proceeding was simply dismissed. Mr. and Mrs. Brown lived in Indiana, where the language of guardianship is a little …

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