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Contract For Legal Services On Behalf of Minor May Be Voidable

MAY 6, 2002 VOLUME 9, NUMBER 45 Jonathan Adams was born out of wedlock in 1980. His paternity was established by a court order in 1995 in Florida after his parents, Mildred Adams and Cecil Hylton, Jr. engaged in highly charged litigation over Jonathan’s paternity. This litigation took place several years after the 1989 death …

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Long-Time Companion Is Not Entitled To Share of Estate

APRIL 29, 2002 VOLUME 9, NUMBER 44 Sam Vires and Shirley Schulze were romantically involved for three decades and even lived together for most of the last fifteen years of their relationship. When Mr. Vires died in 1997, however, his will left nothing to Ms. Schulze. Mr. Vires’ will was written in 1984, eight years …

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Constitution Does Not Protect Against Poor Estate Planning

APRIL 22, 2002 VOLUME 9, NUMBER 43 Most Americans understand that there will be no federal estate tax (and, in most cases, no state estate tax) due on their deaths so long as they own less than a threshold amount—$1,000,000 in 2002. Many married couples realize that they can take fairly simple steps to ensure …

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Children “Legally Recognized” in New York Fail to Inherit in Georgia

APRIL 15, 2002 VOLUME 9, NUMBER 42 Paternity may be established a number of ways — through marriage, genetic testing, adoption. Paternity issues may color a will’s administration decades after a probate is filed. Georgian Waldo DeLoache died in 1959. According to his will, the residue of Waldo DeLaoche’s estate was left in trust for …

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Vulnerable Seniors Increasingly Targeted For Living Trust Sales

APRIL 8, 2002 VOLUME 9, NUMBER 41 Commentaries on the dramatic increase in sales of living trust instruments have appeared half a dozen times over the last decade in Elder Law Issues. As we have previously observed, the living trust is one among several fine estate planning tools (see, for example, the generally positive reviews accorded …

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Victim Sues Rapist’s Previous Employer Over Reference Form

APRIL 1, 2002 VOLUME 9, NUMBER 40 When Charles Richardson applied for work at Parke County Nursing Home in Rockville, Indiana, he gave the facility permission to contact his former employers for references. Mr. Richardson was working at the time for Lee Alan Bryan Health Care Facilities, and that facility’s administrator filled out the reference …

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Defendant In Medicaid Fraud Case Responds To Elder Law Issues

MARCH 25, 2002 VOLUME 9, NUMBER 39 On January 12, 2002, Elder Law Issues reported on the Medicaid fraud conviction of Massachusetts doctor Lorin Mimless (“States Vigorously Prosecute Medicaid and Medicare Fraud”). After his conviction Dr. Mimless filed an unsuccessful appeal with the Massachusetts Court of Appeals. Dr. Mimless read our report, and wrote to …

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Antenuptial Agreement May Not Avoid Claim Against Estate

MARCH 11, 2002 VOLUME 9, NUMBER 37 Before David and Debra Pysell got married they signed an antenuptial agreement. When David Pysell died several years later without having written a will, Debra Pysell claimed a share of his estate. The executor of his estate objected, citing the antenuptial agreement, and the question ultimately had to …

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