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
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
Facebook now allows you to appoint a “legacy contact” for your Facebook account after you die. Previously, after a user died, Facebook would not allow anyone else to access or modify the deceased user’s Facebook account, but...more
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
Minnesota’s KSTP-TV Eyewitness News ran a video story on January 20, 2015, by Tom Hauser about the Anderson family who tragically lost their nineteen-year-old son, Jake. Their son’s death was ruled accidental, but the family...more
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
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
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
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
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