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MaKayla Hanington
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This case involves the issue of whether and to what extent superior courts have authority to intervene in the administration of nonintervention estates.” A successful business owner, Mildred Vail had purchased a number of properties in the Healdsburg area during the course of her lifetime. She was also the mother... Continue reading
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You don’t need to create a spreadsheet or write a book-length plan, but anyone in their 50s, who wants to have a successful retirement, is advised to start getting their thoughts organized. Research shows that people who have more specific ideas of how they want to spend this part of... Continue reading
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Wordplay aside, the use of nonintervention clauses in an estate plan becomes an issue unto itself, when heirs disagree. The Washington Supreme Court ruled “In re Estate of Rathbone” that a trial court could not construe the nonintervention will independently of the personal representative, because the Trust and Estate Dispute... Continue reading
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The use of technology—including cell phones, emails and social media—has dramatically increased the number of potential victims. There’s good news and bad news on the elder fraud front. Law enforcement recently conducted the largest sweep of elder fraud cases specifically targeting the elderly, according the article “Law Enforcement Conducts Largest... Continue reading
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With an estimated 10,000 Boomers retiring every day, members of this generation who own businesses should already have their succession plans in place. Exit or succession planning is a lot more complicated than most business recognize. It takes a long time if it is to be done properly. A recent... Continue reading
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The idea of willingly becoming impoverished, in order to qualify for long-term care, is an unfortunate necessity for many, as illnesses strike in their later years. Sometimes it takes a village to plan for Medicaid and, as reported by CNBC recently, in “Here’s a surprise source you can tap for... Continue reading
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Since cryptocurrency is moving into the mainstream, it presents some potential challenges for estate planning. You can’t touch cryptocurrency the way you can touch bills or coins, and it’s a still a modern mystery for many people. However, if you have a lot of it, you need to put a... Continue reading
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In 1977, New York Law Journal featured an article asking if a photostatic reproduction of a testamentary instrument complied with New York’s statutory requirement, that a will must be “in writing.” Forty years later, we are still figuring out digital wills. What if a will is not on paper, but... Continue reading
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Will you pay more this year? A maze of rules creates unexpected outcomes, even one rule that was meant to protect seniors from increases that lead to increases! A recent article in Kiplinger’s, “Medicare Part B Premiums Rise for Some,” is proof of what often happens when government makes the... Continue reading
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This particular case centers on a complex and somewhat abstract concept: did the “injury” that occurred happen to the corporation or the individual? The court needed to determine which one the action belonged to, because the rules are different for each. A recent case heard by The Mississippi Supreme Court... Continue reading
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H.R. 2255 legislation was passed in the U.S. House of Representatives. The legislation includes The Senior Safe Act, which is intended to address elder financial abuse. The Senior Safe Act is part of a larger bill that would reform regulation of credit unions, community banks, and small regional banks, and... Continue reading
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Sadly, despite an estate plan that included Brown’s wish to help poor children in two southern states, a complex series of lawsuits have tied up his estate for more than decade. A web of intrigue and lawsuits that rivals any soap opera, James Brown’s estate is an example of interfamily... Continue reading
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Few of us are capable of making clear and sound decisions in the days after a loved one has passed. Funeral home customers—grieving family members—are usually not in the best state of mind to be making big financial decisions, which is exactly what they must do when a loved one... Continue reading
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It’s getting ugly in Napa Valley, where Ed Keith’s $92 million estate is at the center of a dispute between two daughters. One of many questions: where’s the $38 million for a foundation to benefit disadvantaged kids? A self-made businessman who owned 500 apartment units and several other valuable pieces... Continue reading
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People like to try to solve problems in a simple manner, but like do-it-yourself dentistry, things that sound like simple solutions to estate planning situations could lead to problems. People who own their own homes, especially when the mortgage is paid off, often think they should add their adult child... Continue reading
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Sep 6, 2017