JULY 5, 2011 VOLUME 18 NUMBER 24 Family members sometimes assume that an estate will be ready for distribution within days or weeks of a death. Those familiar with the probate process usually appreciate that it is more likely that distribution will be between six months to a year after death — and sometimes longer.…
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JUNE 27, 2011 VOLUME 18 NUMBER 23 We have written before about Arizona’s new Trust Code, and the Uniform Trust Code on which it is based. The “new” law (it became effective on January 1, 2009, so it’s not that new any more) included a number of changes to the way trusts have worked in…
JUNE 20, 2011 VOLUME 18 NUMBER 22 Imagine this tragic scenario: your 33-year-old son has a serious illness, and requires extensive medical treatment. The good news is that the treatment may well effect a cure. The bad news is that it will be horribly expensive. Right now he qualifies for government assistance with that expense…
JUNE 13, 2011 VOLUME 18 NUMBER 21 Richard J. Murphy was first admitted to practice law in 1964. He was a fixture in local political and legal circles in Osceola, Iowa, for nearly fifty years. He was the attorney for the City of Osceola, and he had been the County Attorney years earlier. His private…
JUNE 6, 2011 VOLUME 18 NUMBER 20 Last week we answered a pair of questions from our readers and solicited others. Almost immediately we received an excellent question: What are the factors you look at to determine if a client is best served w/ a will and durable power of attorney or a living trust?…
MAY 30, 2011 VOLUME 18 NUMBER 19 Periodically we try to answer some of our readers’ frequent questions, which we enjoy receiving. Some more recent questions and our quick attempts at simple answers follow. Remember, please, that slight variations in fact patterns can lead to different answers; these are intended as illustrations and guidance, not…
MAY 16, 2011 VOLUME 18 NUMBER 18 Sometimes in our zeal to help solve problems we lawyers can get carried away. We are constrained by ethical rules to avoid conflicts of interest. We also have to act competently. In a case involving an injured young man, a special needs trust and the state’s Medicaid claim…
MAY 9, 2011 VOLUME 18 NUMBER 17 Let us give you some insight into how hard it can be to figure out how to interpret estate planning documents. At the same time we hope to explain why it is important to keep your own estate plan up to date. Timothy M. Donovan was a successful…
Turns out that hoarding behaviors may be more properly associated with depression than with obsessive/compulsive disorders. Also that hoarding problems tend to worsen with age. Read more in a National Public Radio report on a recent national meeting on aging issues. Both pieces of news square with our observations. They also lead to the conclusion…
MAY 2, 2011 VOLUME 18 NUMBER 16 We have written in previous installments about differing state laws regarding the ability of a guardian (of the person) or conservator (of the estate) to file a divorce proceeding “for” an incapacitated adult. The question that comes up more often from our clients is a little different, though.…