Court Looks To Exact Words Of Trust To Settle Trustee Dispute
JANUARY 20, 2003 VOLUME 10, NUMBER 29 The Montana Supreme court has words to the wise for drafting and following a trust’s terms in upholding a lower court denial of a request to remove a corporate trustee. In the Matter of the Estate of Mildred I. Berthot, December 5, 2002. The Berthot case demonstrates the […]
Adoption By Grandparents Set Aside Years Later As Fraudulent
JANUARY 13, 2003 VOLUME 10, NUMBER 28 As American families become more mobile and previously unusual family relationships become more common, grandparents are increasingly likely to be involved in raising their grandchildren. This has led to an increase in the legal problems faced by seniors, especially when family members become less cooperative with one another. […]
Claim Against Estate Offset By Tobacco Company Litigation
JANUARY 6, 2003 VOLUME 10, NUMBER 27 Beginning in the mid-1990s many states filed litigation against major tobacco companies (or joined existing litigation) seeking reimbursement for the some of the costs of treating smokers. After those lawsuits resulted in recovery of $1.3 billion for the states, a number of smokers (and the families of deceased […]
Wrongful Death Claim Not Available to Decedent’s Estate
DECEMBER 30, 2002 VOLUME 10, NUMBER 26 Doctors decided they needed to implant a pacemaker in Yaeko Otani, age 81. Had the surgery been successful, she would have had a life expectancy of another eight years. Tragically, surgeon David Broudy accidentally punctured her aorta during the surgery, and she died without ever regaining consciousness. Ms. […]
Juvenile Court Appointment of Guardian Ad Litem Reversed
DECEMBER 23, 2002 VOLUME 10, NUMBER 25 When someone appearing in a court proceeding is unable to make decisions for himself or herself, the court may sometimes appoint a guardian ad litem. Lawyers usually shorten the appointee’s title to GAL. The need for a GAL and the GAL’s proper role have been topics of controversy […]
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 […]
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 […]
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 […]
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, […]
Promise Made To Companion Enforceable Against Estate
NOVEMBER 18, 2002 VOLUME 10, NUMBER 20 Arthur Roccamonte was married, the father of two children and the owner of a trucking business in New Jersey when he met Mary Sopko. Ms. Sopko was also married, and had one daughter. Mr. Roccamonte, attracted to Ms. Sopko, pursued her and the couple embarked on an affair […]
