Privacy Wills, Trusts, & Estate Planning

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:
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How to Protect Your Deceased Loved Ones From Identity Theft

We've all been warned about protecting ourselves from identity theft, but one group of victims can't take action to protect themselves—the dead. Identity thieves steal the identities of more than 2 million deceased Americans...more

Blog: HIPAA FAQ Series: Does HIPAA Protect the PHI of Deceased Individuals?

In order to protect the privacy and security of patients’ information, the Health Insurance Portability and Accountability Act (HIPAA) imposes substantial obligations on covered entities (certain providers, plans, and health...more

California introduces ‘opt-in’ digital assets bill

On June 8, 2015, it was reported that the California legislature is considering a new bill, A.B. 691, which would set forth the procedure for handling a deceased individual’s digital assets, including their social media...more

Fiduciary News - June 2015

Changes Coming for Pennsylvania Fiduciaries in Their Ability to Access and Manage Digital Assets and Accounts - On January 1, 2015, Delaware became the first state to enact a comprehensive law granting fiduciaries the...more

Estate Planning for Your Digital Assets

If you use a computer, you likely have digital assets that should be addressed as part of your estate planning. Access to digital assets is governed by an evolving and complicated technical and legal framework, including...more

Status Updates - March 2015

Forced friendship. A committee of the Arkansas Senate is expected to vote this week on a bill that would allow companies and other organizations responsible for supervising minors to require their employees to include a...more

And They’re Off!! The Maryland Legislative Session Has Begun

Maryland has begun its legislative session and PK Law is monitoring bills of interest. Bear in mind that the session is early on and many changes may take place during the 90 days the General Assembly is seated. Here are...more

HIPAA Considerations In The Event Of Employee Death or Incapacitation

The Health Insurance Portability and Accountability Act of 1996, otherwise known as HIPAA, acts in part to provide federal protection for identifiable health information retained by covered entities, which includes most...more

Privacy & Cybersecurity Update - October 2014

In This Issue: - October: National Cyber Security Awareness Month - New California Data Protection Law - Obama Signs Cybersecurity Executive Order - FTC Cautions Executives About Personal Liability for False...more

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 fiduciary exception to the attorney-client privilege: A recent development

In a suit by the beneficiary against the trustee, is the trustee entitled to assert the attorney-client privilege against the beneficiary, or is there a fiduciary exception to the attorney-client privilege? As to...more

Privacy or Property? Arizona Court Adopts Post-Mortem Right of Publicity In Intra-Family Online Dispute

The right of publicity, i.e., the right not to have others appropriate your name or image for commercial purposes, is an odd duck. It was described by Professor Prosser in 1960, and later in the Restatement of Torts, as of...more

Trustee Alert – HIPAA EDI Certification Proposed Rule

The Trust's business associates who perform electronic transactions on its behalf are required to follow certain HIPAA standards and operating rules. A recently published proposed rule introduces a new requirement to submit...more

Heirs’ Right of Publicity

When I read about one of the recent “right of publicity” cases, I thought back to the Eighties and “Who Shot JR?” This is because Mary Crosby, as the character Kristin Shepard, was the one who shot JR in 1980 on the widely...more

How to Maintain Records for your Digital Assets

This post is the third in a four-part series about Digital Assets and estate planning. Read part 1, “What are Digital Assets?” and part 2, “Do your Digital Assets have Value?”. As previously discussed, Digital Assets, such as...more

Florida statute provides confidentiality in disputes involving wills and trusts

Which American president was the first to incorporate arbitration as a dispute resolution method in his will? Every lawyer swears an oath to maintain the secrets of clients. This is the client’s guarantee that when he...more

Report From Counsel: Insights and Developments in the Law - Fall 2013

In this Issue: - Limited Liability Companies — The Best of All Worlds? - Employees Are Responsible for Beneficiary Designations - Protect Your Plastic - HOA Can Regulate Common Area -...more

Nursing Homes Must Abide by HIPAA Rules When Disclosing Deceased Resident PHI

The Health Insurance Portability and Accountability Act (HIPAA) as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH Act) contains the HIPAA Privacy and Security rules....more

Afterlife Identity Protection: Who to Notify When a Loved One Passes

When a loved one passes away, a crucial step in minimizing the risk of identity left is to notify the proper entities, such as government and credit reporting agencies, banks, and creditors of your loved one's death....more

Thieves Pursuing Identities of the Deceased: Estate Plan Now!

Identity theft not only violates its victim's privacy rights, but often presents overwhelming challenges which can take years to repair the damage inflicted on one's credit and financial records. To add pain to misery, today...more

Florida Medical Record Disclosure Law Preempted by HIPAA

The U.S. Court of Appeals for the 11th Circuit recently ruled that a Florida law requiring nursing homes to disclose patient records of deceased patients was preempted by the Health Insurance Portability and Accountability...more

Health Law: Family Feud Redux - The Release of Information to Family Members - HIPAA 164.510(B) & the New Standard

It has always been difficult to make determinations regarding what information can be provided to a family member once a patient or long-term care resident has passed away....more

Insight on Estate Planning - February/March 2012

In This Issue: - Does your trust need a protector? - Privacy, please! Keep family matters out of the public eye by avoiding probate - Consider a “stretch” to maximize and preserve IRA benefits - Estate Planning...more

Halsbury Chambers - Newsletter ~ October 2011 ~ Fourth Quarter

In This Issue: From the desk of Rionda Y. Godet; Newest Addition; and The Data Protection Act. From the desk of Rionda Y. Godet With Christmas right around the corner, this means we’ve come quite some distance...more


Methodology of organizing succession and managing the family estate and immaterial property with an proactive management of conflicts...more

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