Consumer Protection Wills, Trusts, & Estate Planning

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Advertising Law - September 2014

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead - One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules....more

The enforceability of a trust accounting clause’s failure-to-object provision (the non-judicial settlement of trustees’ accounts)

It is common for the accounting clause of an inter vivos trust instrument to contain a provision along the lines of the following: “The written approval of such an account by the person or persons thus entitled to such...more

CFPB Clarifies Heirs, Divorcees and Estate Planning Transferees Are Not Subject to Ability-to-Repay Rules

The CFPB issued an interpretive rule to clarify that when a borrower dies, the name of the borrower’s heir generally may be added to the mortgage without triggering the Bureau’s Ability-to-Repay rule. This clarification will...more

"Insights" Newsletter - Spring 2014

In this issue: - Supply Chain Finance as the "New Normal" - Consumer Financial Protection Bureau Implements Regulations for Covered Mortgage Loans - Arbitration Guidelines - Navigating Foreclosure...more

HUD To Insure Reverse Mortgages Protecting Non-Borrowing Spouses; Senators Seek Protections For Surviving Heirs

On April 25, HUD issued Mortgagee Letter 2014-07, which states that effective August 4, 2014, HUD will apply an alternative interpretation of Subsection 255(j) of the National Housing Act, which HUD has interpreted to limit...more

Recent Court Decisions Concerning Unclaimed Life Insurance Benefits Can Assist Insurers in Defending Regulatory Audits and Future...

Perhaps the most significant litigation, regulatory and compliance issues facing life insurance companies can be found in the unclaimed property audits, multi-state regulatory settlements and class action lawsuits surrounding...more

Elder Financial Abuse: Prevention and Remedies

I have written about elder financial abuse, and I will keep writing about it until stops. It is unfathomable to me that schemes to defraud the elderly are so pervasive. These seniors are attractive targets for financial...more

Will the CFPB Take on the Regulation of Retirement Savings Plans?

According to a recent Bloomberg report, the Consumer Financial Protection Bureau is considering whether it should take a role in helping Americans manage their retirement savings. CFPB Director Richard Cordray told a...more

CFPB considering role in consumer investment arena

According to media reports, CFPB Director Cordray has indicated that the Bureau is considering whether it should take on a role in helping consumers manage their retirement investments and looking at its authority in this...more

New York Partnership to Improve Access to Legal Services for Seniors, the Disabled

New York Partnership to Improve Access to Legal Services for Seniors, the Disabled New York State officials have announced a partnership between the State Office for the Aging, the State Office of Court Administration and...more

Unlike a Ponzi victim, the only one left in a Tontine is sitting pretty.

In a Ponzi scheme, the last man loses. In a Tontine, on the other hand, the last man wins, like musical chairs. Here is a link to Charles E. Rounds, Jr.’s article on the common law aspects of the Madoff Ponzi scheme: ...more

Elder Financial Abuse

The Consumer Financial Protection Bureau is involved in providing financial protection against elder abuse; indeed, it is specifically tasked with that responsibility. The Bureau's Office of Older Americans is charged by the...more

Turbervilles Private Client Newsletter - Winter 2011

Welcome to our Winter Newsletter. In this edition, we report on why people are starting to record their internet and computer passwords in their wills. A woman injured while having her hair coloured in a salon is...more

Living Trust Seminars and annuity sales

Should you attend that living trust seminar? They'll buy you a free lunch! Think about your privacy issues, whether their goals and yours are the same... and whether that lunch is not free after all. ...more

How to Pick an Asset Protection Lawyer - Due Dilligence Questions

Article with key due diligence questions to help consumers and their advisors determine exactly who and what an Asset Protection planner is, how to avoid amateurs and common mistakes and how to pick the best help in a complex...more

"Seniors Beware!"

Recently the folks at a local newspaper forwarded to me a letter they received from a gentleman identifying himself as “a senior citizen, over 75”. The letter was entitled “Seniors Beware.” The writer...more

UPWords- May 2011- Prepaid Discount Vouchers: The Not-So-Final Frontier

The biggest challenge for unclaimed property practitioners is determining how new forms of property fit into unclaimed property laws. Recent technological and entrepreneurial innovations continue to challenge historic...more

Bankruptcy in Retirement - Protecting Your 401(k), IRA, and Pension

People needing to file bankruptcy after retirement happens more often than one might think. Often one of the causes leading to the bankruptcy is not only the retired person’s financial situation but the financial...more

3d DCA: Florida Fraudulent Transfer Barred by Statute of Limitations

A recent Florida 3d DCA case held that the statute of limitations on Florida fraudulent transfers begins to run when the transfer itself could be known, not when the fraudulent nature of the transfer could be known....more

Dodd-Frank Act Rulemaking Update: Proposal for Living Wills and Credit Exposure Reports

On March 29, 2011, the Federal Deposit Insurance Corporation (“FDIC”) approved a proposed rule, jointly written with the Federal Reserve Board of Governors (“FRB”),1 concerning resolution plans and credit exposure reports...more

Protecting Your Retirement Accounts in Bankruptcy

Too often people come to me to file their bankruptcy after they have liquidated their retirement accounts to try and get on top of credit card debt. The end result is a bankruptcy and nothing to fall back on during...more

FinCEN: Elder Abuse - Red Flags

On February 22, 2011, the Financial Crimes Enforcement Network (FinCEN) issued an advisory to assist the financial industry in reporting instances of financial exploitation of the elderly, a form of elder abuse. Financial...more

Bankruptcy in Retirement: Arizona Bankruptcy Attorney

I meet with a significant number of retired people who are trying to deal with huge amounts of credit card debt with little more than their Social Security income. Trying to make minimum payments of $200-$600 per month when...more

Physicians as Investment Fraud Targets

In uncertain times people derive a false sense of comfort doing in business with a personal or social contact or a member of their own religious or ethnic community. That comfort level is unfortunately replacing required...more

The Availability of Florida's Wildcard Personal Property Exemption to Debtors Owning Homestead Property and Not Claiming a...

Recently, a Florida Bankruptcy Court discussed whether a debtor in bankruptcy who owns a home worth less than the balance on his mortgage may claim the wildcard personal property exemption found in Fla. Stat. § 222.25 and...more

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