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Category: Elder Law + Special Needs (page 1 of 2)

Special Needs – Special Trusts Part. 3: Common Errors – Bernard A. Krooks

SPECIAL NEEDS – SPECIAL TRUSTS – WHAT YOU DON’T KNOW CAN HURT YOUR CLIENTS AND YOU!

Part. 3: Common Errors

By Bernard A. Krooks

Littman Krooks LLP New York, New York / www.littmankrooks.com

Part 2. Drafting Considerations 

Set forth below are some common errors practitioners make when representing clients in connection with … Continue reading

Special Needs – Special Trusts Part. 2: Drafting Considerations & Trust Administration Considerations – Bernard A. Krooks

SPECIAL NEEDS – SPECIAL TRUSTS – WHAT YOU DON’T KNOW CAN HURT YOUR CLIENTS AND YOU!

Part. 2: Drafting Considerations & Trust Administration Considerations

By Bernard A. Krooks

Littman Krooks LLP New York, New York / www.littmankrooks.com

Part. 1 Overview & Taxation

III. Drafting Considerations

A. Trustee Selection

The selection of … Continue reading

Special Needs – Special Trusts Part. 1: Overview & Taxation – Bernard A. Krooks

SPECIAL NEEDS – SPECIAL TRUSTS – WHAT YOU DON’T KNOW CAN HURT YOUR CLIENTS AND YOU!

Part. 1 Overview & Taxation

By Bernard A. Krooks

Littman Krooks LLP New York, New York / www.littmankrooks.com

I. Overview

Special needs planning is a niche practice area within the estate planning field that requires … Continue reading

Federal Register | Guidance Under Section 529A: Qualified ABLE Programs

The Internal Revenue Service on June 22, 2015 released proposed regulations implementing a new federal law authorizing states to offer specially-designed tax-favored ABLE accounts to people with disabilities who became disabled before age 26.

The Achieving a Better Life Experience (ABLE) account provision was signed into law in December 2014. Recognizing … Continue reading

Medicaid Spend Down, Estate Recovery and Divorce: Doctrine, Planning and Policy by John A. Miller

John A. Miller has made available for download his article, “Medicaid Spend Down, Estate Recovery and Divorce: Doctrine, Planning and Policy.”  The abstract is as follows:

Medicaid is the need based government program that pays for much of the health care for the poor in the United States. Medicaid often

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Bank May be Liable for Failure to Stop Elder Abuse

Jeffrey Skatoff reports that, in Ginder v. Bank of America, the US District Court for the Middle District of Florida has concluded, in what may be a first in Florida, that a bank can be held liable for the failure to stop elder abuse arising from the draining of … Continue reading

Whiting v. Whiting: Guardianship and Ability to Amend Estate Plan to Disinherit Child

Jenna Rubin writes about Whiting v. Whiting, No. 5D13-3296 (Feb. 27, 2015) in which a child of a ward sued guardian for Ward’s amendment of estate plan to disinherit child.

Ms. Rubin’s post begins as follows:

In this guardianship, the guardianship court entered into an order appointing a guardian for

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Successor PR Can’t Sue Law Firm That Represented Prior PR in Maine

Elderlaw Answers reports that Maine’s highest court has ruled that because a law firm that represents a personal representative during probate does not owe a duty of care to the successor personal representative, the successor cannot sue the law firm for legal malpractice in Estate of Cabatit v. Canders (Me., Continue reading

Dementia, Decision-Making, and the Modern (Adult) Guardianship Paradigm: Bentley v Maplewood Seniors Care Society by Margaret Isabel Hall

Margaret Isabel Hall has made available for download her article, “Dementia, Decision-Making, and the Modern (Adult) Guardianship Paradigm: Bentley v Maplewood Seniors Care Society.”  The abstract reads as follows:

This paper considers the meaning of decision making, including substitute decision making, for persons with dementia. The paper discusses the historical

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NPR host Diane Rehm emerges as a key force in the right-to-die debate – The Washington Post

The Washington Post reports that Diane Rehm, NPR Host, has emerged as a force in the right to die movement, due to her husband, who suffered from Parkinson’s, committing suicide by ceasing to eat and drink over a ten days period.  Assisted suicide is illegal in Maryland, the home of … Continue reading

Estate Planning Remains Important Even If Ohio Repeals Estate Tax

Ohio’s move of repealing estate tax and the increase in federal estate tax exemption equivalent has brought about perception that estate planning is no longer important since no estate taxes will be posted upon one’s death. However, this is not true. Coming up with an estate plan saves time and … Continue reading

Winter Getaways Raises Medical Expenses

As retirees move away from up north to Florida, they are likely to face more medical tests than they would have done back home. Since Medicare has strict regulations on prices and procedures of medical testing, doctors can easily increase the items and volumes of testing. According to researches, Florida, … Continue reading

Jimenez v. Corr: Mandatory Purchase Scheme under Shareholders’ Agreement Governs

The Virginia Supreme Court in Jimenez v. Corr rules that the closely-held company’s obligation to buy back a decedent’s share under the shareholders’ agreement governs how the company stock is going to be distributed.

The decedent died with 95 shares in a closely-held Virginia company, which, according to the shareholders’ … Continue reading

Things to Consider When an Unplanned Retirement Comes up

An unplanned retirement happens mostly due to an unforeseen health issue, a job layoff, a forced separation, or family responsibilities, and it comes up more often than people think. When it happens and people have to stop working earlier, it is logical to plan for benefits, among which the most … Continue reading

Health-Care-Plan Study Lacks Up-to-Date Data

Kraiser Family Foundation, a non-profit organization specializing in health-care policy studies, recently found it hard to provide policy analysis to help enrollees shop between traditional Medicare and Medicare Advantage, due to the relatively out-of-date data. According to Kaiser, based on limited resource of data:

  • Medicare Advantage tends to be better
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