Publishers Clearing House Must Cooperate With Iowa Investigation
JUNE 25, 2001 VOLUME 8, NUMBER 52 Sweepstakes solicitations have become a major financial problem for the elderly in America. Thousands of individuals send millions of dollars to promoters of get-rich-quick schemes every year. Spouses and other family members are often powerless to prevent the fleecing of gullible individuals as they send in check after […]
New Tax Law Will Mean More Planning Is Necessary, Not Less
JUNE 18, 2001 VOLUME 8, NUMBER 51 Last week Elder Law Issues predicted that the principal effect of the federal government’s estate tax repeal would be to make most people revisit their estate plans (and their attorney) more often. Because of the automatic “sunset” of the repeal measure in 2011, any plan addressing the changes […]
What Estate Tax Repeal Means For Most Taxpayers: Not Much
JUNE 11, 2001 VOLUME 8, NUMBER 50 On June 7, 2001, President George W. Bush signed the Economic Growth and Tax Relief Reconciliation Act of 2001. Despite extensive media coverage of tax reform, and especially of estate tax repeal, over the past six months, you may have been left wondering what it means. It turns […]
Marriage Involving Transsexual Challenged By Decedent’s Son
JUNE 4, 2001 VOLUME 8, NUMBER 49 Marshall and J’Noel Gardiner were married in Kansas in September, 1998 after a short courtship. At the time Mr. Gardiner was 85, his new wife was 40. Mr. Gardiner died less than a year later, survived by Mrs. Gardiner and one son, Joseph Gardiner. Mr. Gardiner had not […]
Small Life Insurance Policies Complicate Medicaid Eligibility
MAY 28, 2001 VOLUME 8, NUMBER 48 Elder law attorneys often discuss characteristics common to the older individuals they deal with. Clients frequently show up early for appointments, are unflaggingly courteous and pleasant to deal with, and seem to enjoy talking about their families and travels. One other common characteristic, perhaps arising from a Depression-era […]
Guardian Of Estate Does Not Have Power To Revoke Trust
MAY 21, 2001 VOLUME 8, NUMBER 47 Ruth Chandler was 73 when she established her revocable trust in 1997. The New Jersey woman had no family, and so she named Summit Bank as trustee. She transferred about $1.7 million into the name of the trust. Three months later she revoked that trust and established a […]
Déjà Vu: Another AZ Public Fiduciary Charged In Thefts
MAY 14, 2001 VOLUME 8, NUMBER 46 In 1997 a rural Arizona county Public Fiduciary stunned the state’s advocacy community when he acknowledged taking hundreds of thousands of dollars from his ward’s estates (“Mohave Public Fiduciary Pleads Guilty, Faces Certain Jail Time“). Thefts by private fiduciaries (and lawyers representing fiduciaries) are all too common, but […]
Questions and Answers About Arizona’s “Beneficiary Deed”
MAY 7, 2001 VOLUME 8, NUMBER 45 Last week Elder Law Issues reported on Arizona’s new “Beneficiary Deed” statute. A law passed by the Arizona legislature this year creates a new, simpler way to pass title to real property, without any requirement of probate and avoiding the cost of establishing a living trust. A number […]
Arizona Legislature Adopts Real Estate “Beneficiary Deed”
APRIL 30, 2001 VOLUME 8, NUMBER 44 Most lawyers agree that the probate process is neither as expensive nor as burdensome as most non-lawyers believe. Still, avoidance of probate is an important and legitimate goal in estate planning for most clients. The Arizona Legislature just made it easier to avoid probate for most Arizonans—or at […]
Court Approves Withdrawal Of Life Support In Florida Case
APRIL 23, 2001 VOLUME 8, NUMBER43 Theresa Marie Schiavo was only 27 in 1990 when a potassium imbalance led to her cardiac arrest. Although her husband, Michael Schiavo, called 911 and Ms. Schiavo was rushed to the hospital, she has never regained consciousness. Ms. Schiavo remains in a persistent vegetative state. Although she goes through […]
