FEBRUARY 19, 2001 VOLUME 8, NUMBER 34 Sometimes lawyers remind their colleagues and clients that legal problems would arise less frequently if individuals would simply lead more orderly lives. Clarence Schoenfeld and family helped prove that basic legal maxim. Clarence “Clay” Schoenfeld was 50 and a professor at the University of Wisconsin when he married…
ELDER LAW ISSUES
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FEBRUARY 12, 2001 VOLUME 8, NUMBER 33 Leland and Christine Belcher were married for forty years, but never had any children. After Leland died, Christine Belcher met and married David Yates. Under the law of Alabama (where the Yates’ lived), David Yates would inherit all of Christine Belcher Yates’ estate if she died before him—unless…
FEBRUARY 5, 2001 VOLUME 8, NUMBER 32 Emanuel Lutz was 60 when he met and began dating Lavilla Oswald, a 53-year-old divorcee. The North Dakota couple moved in together in 1986 and shortly began discussing getting married. Mr. Lutz had two children from his first marriage, and he wanted to make sure his estate would…
JANUARY 29, 2001 VOLUME 8, NUMBER 31 Under English practice before the sixteenth century there were no standardized requirements for making a valid will. Disposition of a decedent’s property was determined by each court under local rules and customs, and the actual division was therefore unpredictable. Henry VIII approved Parliament’s “Statute of Wills” in 1540,…
JANUARY 22, 2001 VOLUME 8, NUMBER 30 Virginia Detlefs, 81, was living in her own home in Cedar Rapids, Iowa, when she first met Mark Olsen. In September, 1996, Mr. Olsen contacted Ms. Detlefs and offered to evaluate her home to see if it needed any repairs. With the help of his live-in girlfriend Jennifer…
JANUARY 15, 2001 VOLUME 8, NUMBER 29 Massachusetts resident Thomas Rogers, Sr., was a successful businessman and retired director of a local bank. When his first wife died after a forty-year marriage and four children, he met and married Thelma W. Wigglesworth. The second Mrs. Rogers was 66 and Mr. Rogers was 74 when they…
JANUARY 8, 2001 VOLUME 8, NUMBER 28 Norma Steinback was interested in purchasing long term care insurance for her husband Jack. When she saw a solicitation from Bankers Life and Casualty Company she returned the postcard indicating an interest. Shortly thereafter Bankers Life agent James Van Noten visited the Steinbacks at their Montana home. During…
JANUARY 1, 2001 VOLUME 8, NUMBER 27 In June of 2000 the U.S. Supreme Court decided the case of Troxel v. Granville, concerning the rights of grandparents to secure court-ordered visitation with their grandchildren. In the wake of that case many observers predicted that no such right could survive. Arizona’s Court of Appeals last week…
DECEMBER 25, 2000 VOLUME 8, NUMBER 26 Indiana resident Petricia Day seemed to be caught in a bureaucratic Catch-22. She needed help paying for her medical treatment. Her problem: Indiana’s interpretation of federal Medicaid rules prevented her from getting the treatment because it might be successful. Medicaid is a federal program partially paid for and…
DECEMBER 18, 2000 VOLUME 8, NUMBER 25 Frail, demented nursing home patients can eventually lose the ability to take food and fluids by mouth. When that process begins to occur tube feedings may be started. Doctors and family members may believe that such feedings prolong life and improve the ability to fight bedsores and disease.…