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 […]
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 […]
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 […]
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 […]
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 […]
Transsexual’s Marriage Ruled Invalid By State Supreme Court
MARCH 18, 2002 VOLUME 9, NUMBER 38 When Marshall Gardiner died in Kansas in 1999, he was survived by his wife of less than a year and his grown son. Mr. Gardiner left no will, but he did leave a legal controversy—whether his wife could inherit from his estate, since she had been born as […]
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 […]
“Equitable” Adoption Denied In Absence of Evidence of Intent
MARCH 4, 2002 VOLUME 9, NUMBER 36 Terrold Bean was only one year old when he went to live with Arthur Ford and his wife in California. The Fords took in foster children for San Francisco, and Mr. Bean was one of the ten children they accepted over the years. As it turned out, he […]
Employer Pays Twice After Guardian Mishandles Funds
FEBRUARY 25, 2002 VOLUME 9, NUMBER 35 When Ashley Tatum’s father Ernest died Ashley was still a minor. Ernest Tatum had named Ashley as beneficiary on several retirement and life insurance accounts with his employer, BellSouth, and so Ashley’s mother Rosalyn Felder had to go to court to secure an appointment as guardian of Ashley’s […]
Court Dismisses Claim Alleging Neglect Of Mother-In-Law
FEBRUARY 18, 2002 VOLUME 9, NUMBER 34 Frances McMahon spent the last year of her life at Guardian Postacute Services, a Walnut Creek, California, skilled nursing facility. According to her family members, the care at the facility led to her early death; she allegedly suffered from malnutrition and dehydration, lost considerable weight, became bedridden and […]