June 2008 - Estate Planning Newsletter

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# More Info Special Needs Trusts Preserve Public Benefits for the Disabled Some government statistics estimate that between 15% and 20% of all Americans have some form of disability. It is also estimated that the majority of disabled persons will need to avail themselves of public assistance to help pay the skyrocketing costs of health care, since few have the private resources to do so. There are several forms of public assistance available to the disabled; two prominent forms of assistance are "Supplemental Security Income" (SSI) and Medicaid. # More Info The Legal Doctrines of Equitable Adoption and Adoption by Estoppel The judicial doctrine of "equitable adoption" recognizes a valid parent-child relationship in the absence of a formal adoption procedure, holding a person who has acted like a child's parent for a number of years to the same rights and obligations as an adoptive parent. Similarly, the related doctrine of "adoption by estoppel" applies to allow children who have been adopted in equity to assert legal rights against their parents, when a parent attempts to refute the obligations imposed upon them. # More Info Health Care Powers of Attorney A power of attorney is a document that authorizes one or more individuals (collectively referred to as the "agent" or "attorney-in-fact") to act on behalf of the person executing the document (the "principal"). There are two basic types of powers of attorney; financial powers of attorney, which authorize the agent to act with respect to financial matters, and health care powers of attorney (HCPOA), which authorize the agent to make decisions related to the principal's health care. This article focuses on the HCPOA. # More Info "Dad Promised Me His House if I Took Care of Him" In general, individuals may dispose of their wealth and property as they choose and most courts strive to settle estates in accordance with the wishes of the deceased. There are, however, exceptions to this rule. One exception is when there is an enforceable promise to make a will that disposes of the property in a specified manner. # More Info

BLOG

Sliding Scale Probate Filing Fees Struck DownRecently, Justice Kenneth Yegan, in his opinion for the California Court of Appeal, called this fee filing scheme as he saw it: “This appeal is about an estate or inheritance tax masquerading as a graduated probate court user or filing fee . . . .” # More

NEWS

Pitfalls to avoid in estate planning Creating a living will is an exercise in facing one's own mortality and that isn't easy for most people. But the effects of botching an estate plan or forgetting to set one up altogether can be disastrous for generations in your family. # More Estate tax still has sunset provision What I think you are asking is whether the estate tax still is subject to the sunset provisions? The answer to that question is, yes. However, I still believe that the powers that be are going to make permanent changes. # More IRA beneficiary designation mistakes With more clients expressing an interest in using trusts as individual retirement account beneficiaries, it is important for financial advisers to distinguish between their ability to provide financial advice and the client’s need to obtain legal counsel. # More

   

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