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 …
Purchase At Tucson Estate Sale Generates $574,730 Profit Read More »
OCTOBER 30, 2000 VOLUME 8, NUMBER 18 Gay and lesbian couples need to take special steps to make sure that their wishes are carried out at death. The law makes some assumptions about the intentions of married couples—that they usually intend to leave their property to one another, for example. There are also tax rules …
Same-Sex Couples Can Face Higher Estate Tax Liability Read More »
OCTOBER 23, 2000 VOLUME 8, NUMBER 17 J. Michael Cantore, Jr., was appointed as conservator of the person and estate for Diana Kosminer. Shortly after he took responsibility for Ms. Kosminer he arranged for her admission to the Jewish Home for the Elderly of Fairfield County, Inc., a Connecticut nursing home. Within a year of …
Conservator Not Liable For Failure To Secure Medicaid Coverage Read More »
OCTOBER 16, 2000 VOLUME 8, NUMBER 16 If you have questions about elder law subjects, you may be interested in a new offering from Panel Publishers. The just-released Elder Law Answer Book provides answers to many common elder law questions. The new book is written by Robert Fleming, partner in the Tucson law firm of …
The Elder Law Answer Book: A New Resource For Practitioners Read More »
OCTOBER 9, 2000 VOLUME 8, NUMBER 15 Arizona is one of nine “community property” states in the country, and that can be the source of some confusion about estate planning, taxes and property ownership rights for married couples. Recent changes in Arizona’s law make the “community property” designation a little more friendly and understandable, and …
Arizona Community Property Is Not Always Subject To Probate Read More »
OCTOBER 2, 2000 VOLUME 8, NUMBER 14 If an individual becomes incapacitated someone must take responsibility for his or her business affairs. That may mean the appointment of a conservator (in some states, “guardian of the estate”) by the court. Sometimes the individual will have had the foresight to establish a trust, or at least …
Conservator’s Self-Dealing Set Aside Despite Court Approval Read More »
SEPTEMBER 25, 2000 VOLUME 8, NUMBER 13 David Pickett died in Portsmouth, New Hampshire, in February, 1993. The cause of his death, as the New Hampshire Supreme Court later described it, was “the infliction of an incision wound to his neck by one or more unknown persons.” No one has been prosecuted for his murder, …
Only Preponderance Of Evidence Required To Disinherit Killer Read More »
SEPTEMBER 18, 2000 VOLUME 8, NUMBER 12 Lawyers’ clients often complain about the language of the law—it seems unnecessarily strained and convoluted. Even as lawyers try to capture their meaning in more conversational tones, an occasional case will demonstrate the importance of precise language. Kenneth Starkey, whose will was written by his lawyer son, is …
“Inartfully Drafted” Will Leads To $500,000 Estate Tax Dispute Read More »
SEPTEMBER 11, 2000 VOLUME 8, NUMBER 11 When an individual becomes incapacitated, and is no longer able to handle their own finances or make medical or personal decisions, an interested person may file a petition with the local court for appointment of a guardian and/or conservator. In most states (including Arizona), the court will promptly …
Florida Woman Chooses Own Lawyer In Guardianship Action Read More »
SEPTEMBER 4, 2000 VOLUME 8, NUMBER 10 Illinois residents James and Nancy Smithberg had been married for 33 years when they got divorced in 1996. Their divorce decree required James to name Nancy as beneficiary of his state retirement account death benefit, and Nancy in turn gave up her claims to other retirement accounts. The …
First Wife Receives Retirement Account As Required By Divorce Read More »
