Polsinelli Podcast - Getting the Most Out of Your Estate Planning in 2014
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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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