Wills, Trusts, & Estate Planning Privacy

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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 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

Uniform Fiduciary Access to Digital Assets Act (UFADAA)

On July 16, 2014, the Uniform Fiduciary Access to Digital Assets Act (UFADAA) was passed by the Uniform Law Commission. My colleague Gene Hennig and I originally proposed this uniform law in May of 2011, and I’m very happy...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

Facebook Updates Its Policies for Deceased Users

According to a February 21, 2014, news release, Facebook has made two updates to its policies regarding the accounts of deceased users. Previously, Facebook allowed one of two options for a deceased user’s account. ...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

Valuable $50,000 Twitter Account Allegedly Stolen

There was an interesting January 29, 2014, article on CNET written by Don Reisinger describing how a thief/hacker allegedly hijacked an Internet domain name and e-mail account belonging to Naoki Hiroshima and stole his...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

FACT Act Promises Transparency in Bankruptcy Trust Claims and Payments for Asbestos Exposure

Asbestos defendants are one step closer to greater transparency regarding the often illusive bankruptcy trust claims and payments. On Wednesday, November 13, 2013, the U.S. House of Representatives passed H.R. 982, the...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

Thoughts on the Stored Communications Act, Federal Preemption and Supremacy, and State Laws on Fiduciary Access to Digital...

As of the date of this posting, seven states have recently passed laws and at least eighteen other states are considering new laws granting fiduciary access to an incapacitated or deceased person’s online accounts and other...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

Confidentiality in the BVI and Cayman Islands

The issue of confidentiality in offshore financial centres is high on the agenda in the financial press. Whether it is banking secrecy or the disclosure requirements governing the establishment of offshore companies and...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

NEWSLETTER BARRO LAW FIRM - FAMILY GOVERNANCE CODES

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

E372 1. Recent Cases:Police Should Not Destroy Initial Notes. State v. W.B. 205 NJ 588 (2011) 2. Officer Not Always Permitted...

Greetings Kenneth Vercammen, 1. Recent Cases: Police Should Not Destroy Initial Notes. State v. W.B. 205 NJ 588 (2011) After producing their final reports, law enforcement officers may not destroy contemporaneous...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

Two Basic Estate Planning Documents That Everyone Should Have

Two estate planning documents that everyone should have, which can be effective any time during your lifetime, not just after death....more

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