Recent Articles

Trusts Can Enhance FDIC Protection over Savings

September 22, 2008 00:00

Are you concerned about the safety of your bank accounts? If so, your fears are justified: Earlier this year the Federal Deposit Insurance Corp. (“FDIC”), which backs bank deposits, reported the biggest jump in "problem institutions" it has seen since...Are you concerned about the safety of your ban...

Malpractice Claim Against Estate Planner Time Barred

September 21, 2008 20:45

A Kansas appeals court rules that because an estate's malpractice claim against an attorney who prepared estate documents is grounded in tort law and the injury did not occur during the decedent's lifetime, the cause of action did not survive...A Kansas appeals court rules that because an estate's...

Mobid Obesity, Chronic Pain and Depression not SSI Disability

September 21, 2008 20:37

Continuing a string of Social Security related cases in which the denial of benefits was upheld, the 5th Circuit upheld the ALJ’s denial of applicant’s SSI application finding that, although the applicant was obese and unable to perform the functions...Continuing a string of Social Security related ...

POA Gifting Power Not Unlimited

August 17, 2008 20:12

A Pennsylvania appeals court rules that a durable power of attorney that allows the agent to "make gifts" does not accord the power to change retirement plan beneficiaries or to make large gifts of personal property absent specific authorization in... A Pennsylvania appeals court rules that a...

Nursing Homes Evicting Costly Residents

August 17, 2008 20:01

Nursing home evictions of frail and ill residents are rising, according to an article in the Wall Street Journal. The U.S. Administration on Aging reports that formal complaints of eviction practices have doubled over 10 years to 8,500 in 2006,...Nursing home evictions of frail and ill residents...

Garnishment of Social Security Benefits Illegal

August 17, 2008 19:58

The Social Security Administration's Inspector General concludes in a recent report that many banks are violating federal law by garnishing accounts that receive electronic deposits of Social Security benefits. The practice could imperil millions of low-income seniors and people with...The Social...

Exciting New Developments in Buy-Sell Planning

August 17, 2008 19:50

This article examines exciting new developments in business succession planning - specifically, the use of LLCs or partnerships to own life insurance for buy-sell planning purposes. Such a structure obtains the advantages of cross-purchase and stock redemption buy-sell agreements without...This...

Bill Would End Nursing Home Practice of Mandatory Arbitration

May 18, 2008 22:32

Two U.S. senators have introduced legislation that would end the practice of nursing home residents signing away their right to a trial before any actual dispute with the facility has arisen.Two U.S. senators have introduced legislation that would end the practice of nursing home residents signing...

Attorney Suspended for Assisting Direct Mail Estate Planning Marketer

May 18, 2008 22:24

The Supreme Court of Ohio suspends an attorney for two years for preparing estate planning documents for clients solicited by a company that uses direct-mailings to market estate planning services in Ohio and other states. Ohio State Bar Assn. v....The Supreme Court of Ohio suspends an attorney for...

Nursing Home Call Girls?

May 18, 2008 22:13

A male resident at the Kildegaarden nursing home in Denmark recently made an indecent sexual proposal to a member of the staff. In a U.S. nursing home, this behavior would have been ignored or rebuked. But at Kildegaarden, the response...A male resident at the Kildegaarden nursing home in Denmark...