News & Analysis as of

Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 2)

This is Part 2 in the series of the top 10 factors that I’ve seen that lead to people being disinherited from a relative’s or friend’s estate plan. In Part 1, I discussed 5 of the 10 factors, and the following round out the...more

Health Alert (Australia) - November 2, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Australian Capital Territory 29 October 2015 - In the matter of ER (Mental Health and Guardianship and...more

CFPB Releases Tips Urging States to Adapt Guides Designed for Financial Caregivers

On October 19, the CFPB released tips on how state bar associations and other legal organizations and professionals in all states can adapt the CFPB’s Managing Someone Else’s Money guides, which were released nationwide in...more

Who Will Inherit Whitney Houston's Fortune Following Bobbi Kristina's Death -- and What Are the Lessons?

Nearly two decades before her death in 2012, singer Whitney Houston executed a will specifying how her assets would be distributed to any children she might have. That 1993 will provided for a trust that would eventually...more

Using Fiduciary Accountings as a Client Management Tool

When representing a fiduciary such as a conservator or personal representative, you’re often dealing with a lay person who may be feeling overwhelmed by unfamiliar responsibilities. One way to bring the situation under...more

Lawyers: Are Even YOUR Parents and Inheritances at Risk?

Recently, I wrote here about the story of Milo Elofson, who is currently a victim of elder abuse at the hands of the legal system, despite the fact that his son Greg was appointed as his guardian. (Thank you to all of who...more

A Sad and Scary Tale: Why Legal Documents Simply Are Not Enough

If you’ve been following along here for any length of time, you’ve seen me write quite often about the need for every adult to have specific legal documents in place. What I haven’t written about quite as much is why...more

Who Should Be My Life Insurance Beneficiary? #EstatePlanningAttorney

The question, “who should be your designated beneficiary under your life insurance policy” is a very important family decision that should be made after careful consideration of all relevant family and financial goals in...more

Accounting Is Not Only Important - It's Mandatory

Imagine how you would feel if you walked into your bank, asked for a summary of your account activity and the bank told you that it had no idea how much money was in your account or how it had been spent. Of course, this...more

Appellate Court Notes

Plaintiff was appointed conservator over a young woman with psychological issues. A married man befriended her over the internet. She then suffered a stroke, limiting her mobility, and the married man started visiting her...more

FHFA Director Watt outlines 2014 strategic plan for Fannie Mae and Freddie Mac

House in GlobeOn May 13, 2014, Federal Housing Finance Agency (FHFA) Director Mel Watt gave his first major policy speech regarding the future of Fannie Mae and Freddie Mac since being sworn in on January 6, 2014. In his...more

Combating Financial Abuse of Elderly in Mesa

Over the course of the last century, the number of U.S. residents over the age of 65 has increased 11-fold, and according to the U.S. Census Bureau, the median age of our population is expected to continue to rise....more

Making Decisions for a Child with Special Needs Who Becomes an Adult

Parents of children with special needs must be concerned with ensuring that medical and financial decisions will continue to be made in the child's best interest once the child reaches age 18 -- the age of legal capacity. In...more

Fannie And Freddie Shareholders To US: 2008 Government Takeover Of Mortgage Giants Good For The Country; Not So Much For Us

Can shareholders of a government-sponsored enterprise successfully challenge the constitutionality of a government takeover of the entity? ...more

FHFA Update on GSE Conservatorships

On March 19, Edward J. DeMarco, acting director of the FHFA, gave an update on the GSE conservatorships before the U.S. House Committee on Financial Services. Mr. Demarco discussed: (i) the goals of the FHFA as conservator;...more

Orrick's Financial Industry Week in Review - March 25, 2013

In This Issue: *Financial Industry Developments - Agencies Issue Updated Leveraged Lending Guidance - CFTC No-Action Relief from Required Clearing for Some Partial Swap Novations and Terminations - FHFA...more

New Court Mandated Training for All Persons Serving as a Personal Representative, Guardian or Conservator #EstatePlanningAttorney

Notice: Pursuant to Rule 27.1(A) of the Arizona Rules of Probate Procedure, effective September 1, 2012, all non-licensed persons requesting to serve in any court appointed fiduciary capacity must receive training from the...more

California Court of Appeal Holds That a Private Conservator is a Public Official; Finds No Actual Malice Shown in Claim Based on...

A conservator appointed by the court to temporarily handle certain affairs of an elderly woman is a “public official” for purposes of defamation law who has to meet the “actual malice” standard to survive an anti-SLAPP...more

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