If the trustee of a revocable trust lets the trust’s settlor make an extravagant purchase or risky investment can he or she get into trouble with the trust beneficiaries later? This issue was explored in a recent California case and the court’s answer would allow trustees to approve the settlor’s luxury beach getaway with impunity.
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: beneficiaries, competency, duties, recovable trusts, settlor, trust administration, trustee | Comments Off
As the Houston Chronicle puts it, “[t]he worsening economy seems to be good for something — the job-discrimination lawsuit business.” One particular growth industry seems to be bringing and defending age discrimination suits.
Filed under: Legal Topics, Employment Law, Elder Law | Tagged: employment discrimination, recessionary discrimination, age discrimination, disparate impact, layoff of higher paid workers, Fair Employment and Housing Act, Age Discrimination in Employment Act | Comments Off
The late Apple co-founder Steve Jobs was known to be a very private person, and it appears that he has taken steps to preserve his privacy even in death. As do many entertainers and wealthy people, it appears that Jobs took advantage of California revocable trusts to prevent the publicity involved in probate.
Filed under: Elder Law, Estate Planning, Legal Topics, Real property | Tagged: death, drafting recovable trust, estate, privacy, probate, property, revocable trust, Steve Jobs, trust | Comments Off
Remember the rule against perpetuities from law school? Although the rule against perpetuities is often associated with famous old English cases, it is actually a modern problem. As reported by the ABA Journal, the rule recently played out when the heirs of a ”cantankerous Michigan lumber baron” finally reached the end of a $100 million waiting [...]
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: estate tax, generation skipping transfer, rule against perpetuities, trusts, wills | Comments Off
So, you finally get around to preparing and signing powers of attorney for health care, personal care, and financial management. Now, where should you keep them? Should they be at your home? In a safe deposit box? At your attorney’s office? What’s the point of preparing these important documents if you don’t have them when you really [...]
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: Financial Management Power of Attorney, Personal Care Power of Attorney, power of attorney, Power of Attorney for Health Care | Comments Off
No estate planning consultation is complete without a discussion about how health care decisions will be made if the client becomes incapacitated. These discussions aren’t just for situations in which the client is very ill or elderly. In fact, Nancy Cruzan, the key individual in the landmark case Cruzan v Missouri Dep’t of Health (1990) 497 US [...]
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: advance health care directive, elder law, Estate Planning | 1 Comment »
A parrot’s mimicking of an anguished “Help Me! Help Me” followed by cruel laughter may be evidence of another horrible case of elder abuse. As reported in the ABA Journal, the police believe that the bird is revealing the drama that occurred between a 98-year-old woman and her daughter.
Filed under: Criminal Law, Elder Law, Estate Planning, Legal Topics | Tagged: elder abuse | Comments Off
Properly planning for a person who has a disability can be a daunting task fraught with potential liability. The issues that arise concern the lifetime financial and personal care for the person. Typically, public benefits are being used to meet the person’s current care needs. To maintain such ongoing care, planning for persons with disabilities [...]
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: disabled children, people with disabilities, special needs trusts | Comments Off
