Family Law Wills, Trusts, & Estate Planning Health

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Is a human corpse property that can be made the subject of a trust?

While a pet may be put into a trust, its human owner may not be. Nor under traditional principles of property and trust law may the corpse of a deceased human being be made the subject of a trust. Charles E. Rounds, Jr.,...more

The IRS Says Yes, We're Married...Now What?

The U.S. Supreme Court in June struck down the Defense of Marriage Act (DOMA) provision preventing the federal government from recognizing a legally-valid marriage of a same-sex couple, and the Internal Revenue Service...more

Your Advance Directive and Appointment of Health Care Agent – An Important Part Of Your Estate Plan

An Advance Directive and Appointment of Healthcare Agent, or the Advance Directive for short, informs your health care providers as to your wishes regarding your care if you are unable to communicate your own decisions. In...more

The Impact of the Supreme Court's Decision in Windsor (DOMA) on Individuals and Businesses

The U.S. Supreme Court’s decision in United States v. Windsor, issued two weeks ago, held that a portion of the Defense of Marriage Act (DOMA) was unconstitutional. This decision will affect individuals, employers, and...more

Wills, Trusts and Estates Newsletter - May 2012

In This Issue: - Top Five Reasons to Update Your Power of Attorney...Page 1 - Estate Planning and Divorce: What to Consider When You’re Separating or Divorced...Page 2 - National Health Care Decision Day: Have...more

Poorly Designed Medicaid & Estate Plans Can Harm Divorced Children

Recent New Jersey cases illustrate that poorly drawn Medicaid planning and estate planning gifts actuallly can harm divorced children at times. In New Jersey, New York, and other states, spouses’ rights to receive or pay...more

Child Liable for Mother’s Nursing Home Bill

Pennsylvania (like many other states) has a filial responsibility law that generally requires children with means to support an indigent parent. While it may seem unfair, a Pennsylvania court recently enforced the law to hold...more

Detecting and Dealing with Financial Elder Abuse

We've all heard stories of a grandmother who was swindled out of thousands of dollars for home repairs that were never made. Equally common are instances in which an elderly person repeatedly purchases products of dubious...more

Financial Exploitation of the Elderly: Impact on Medicaid Eligibility

My paper on the impact which financial exploitation of an elderly person has on the elderu2019s eligibility for Medicaid benefits was published in the Journal of the National Academy of Elder Law Attorneys (u201dNAELA...more

Long Term Care Insurance

Long Term Care Insurance... What is it and how does it work?...more

G.L. v. Division of Medical Assistance and Health Services

Decision and Order

In this case, the applicant’s Medicaid eligibility plan involved making a loan to a relative. The borrowing relative signed a promissory note agreeing to repay the note in monthly installments, including interest. The note...more

Whether in Tennessee, children born-out-of-wedlock are entitled to recover all, some or none of the proceeds of a life insurance...

Whether in Tennessee, children born-out-of-wedlock are entitled to recover all, some or none of the proceeds of a life insurance policy for a deceased parent. Must the child be listed as an intended beneficiary or may the...more

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