Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:
The Greatest Gift: Your Individual + Family Estate Plan
The 2010 Tax Relief Act and your estate plan
Are your estate planning documents protecting your assets?
Same-Sex Marriage Cases in 90 Seconds
Should you Opt-Out of the Voluntary Disclosure Program?
Death and Foreign Asset Disclosure. What you don't know can cost you…a lot
Safeguard Your MVA: Devising a Business Succession Plan that will Preserve your Most Valuable Asset
Divorce can be costly, especially when it reveals undisclosed foreign assets.
Estate Planning: Wills, Trusts, & Power of Attorney in Arizona - Putting Family First
Foreign Asset Disclosure Program
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
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
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
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 State officials have announced a partnership between the State Office for the Aging, the State Office of Court Administration and...more
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
With the down turn in the economy I am seeing more and more people needing bankruptcy help in the retirement years. This article discusses some of the benefits and protections for those needed bankruptcy relief in their...more
Review this article before you hire an attorney!!!...more
Now is the time to assess your financial and family fitness for 2011. Plan to make forward progress in all areas by conducting a fitness checkup in five key areas. Take the time to review your credit report, set a budget,...more
To anyone on Twitter, raise your hand if you don’t pay attention to your number of followers. No matter how not vain you claim to be, your follower number is something that tugs oh-so-gently at your consciousness.
This article addresses the 9 Key Steps to Take Before Hiring a Lawyer....more