Author Archives: Site Administrator
Court sides with nursing home against woman’s grandchildren
An elderly New York State woman thought she was doing the right thing for her grandchildren. A court ruled otherwise, in a case of estate planning gone horribly wrong. The woman, Lillian Hellman, sought to have four annuities, which she obtained in her name with her in control of the accounts, transferred to each… Read More »
Appeals court extends attorney-client privilege
People turn to attorneys for estate planning for a variety of reasons, not the least of which is the assurance that information exchanged in the process is protected from disclosure. “A fundamental principle in the client-lawyer relationship is that, in the absence of the client’s informed consent, the lawyer must not reveal information relating… Read More »
When irrevocable trusts no longer make sense, they can be revoked
There’s irrevocable in the dictionary, and then there’s irrevocable in the law. The two are not the same thing at all, and for that, some people are quite grateful, according to a recent article in Forbes magazine. “Americans were once trust-happy,” the story began. “Now many are having second thoughts, and rightly so. Given… Read More »
How To Decide When It’s Necessary To ‘Lawyer Up’
“You’ll need an attorney for this journey,” Tom Waits wrote in one of his songs. But just when is it necessary to pull that trigger? People struggle with this question all the time, and even lawyers understand this can be a difficult decision to make. “The United States has more lawyers per person than… Read More »
Not all want their good works to be known
Some people give to charities simply to get a break on their taxes, while others do the same thing to look good in the eyes of the community. For many, though, charitable is simply the right thing to do, and not only do they not want recognition for it, but also they want their… Read More »
Ugly Family Scrape Nearly Cost Elderly Man His Home
A sad story out of Ohio has a happy ending, but the saddest part of all is that it didn’t have to happen in the first place. Just a few minutes of conversation with an elder law attorney might have spared everyone involved a lot of anguish and heartache. John Potter, a World War… Read More »
Novel program brings legal assistance to people who need it most
A recent blog on the website of The New York Times highlighted a fine program in California that provides legal help for the elderly while giving real-life experience to law students. The piece by Paula Span, author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions,” also brings a… Read More »
Estate planning an obligation, not an option
The message cannot be repeated often enough or strongly enough: Estate planning is not solely for the well to do. It’s something we all need to do. “With all the noise in the last few years about taxing the rich and the future of the federal estate tax, the message that ordinary folks also… Read More »
Long-term care insurance faces troublesome future
While many people approaching or in their Golden Years want to take the wise precaution of acquiring long-term care insurance, increasingly they may discover they cannot afford to do so. “With nearly 70 percent of Americans aged 65 or older expected to need long-term medical care at some point, millions of Americans have turned… Read More »
Post-traumatic stress, sadly, isn’t exclusive to young soldiers
Although their numbers are sadly and rapidly dwindling, veterans of World War II, the Korean War and even of the War in Vietnam are increasingly coming to realize they suffered and are still suffering from post-traumatic stress syndrome. “Who knew much about post-traumatic stress syndrome in 1945? The term didn’t enter the official manual… Read More »