Special Needs – Special Trusts Part. 2: Drafting Considerations & Trust Administration Considerations – Bernard A. Krooks

SPECIAL NEEDS - SPECIAL TRUSTS - WHAT YOU DON’T KNOW CAN HURT YOUR CLIENTS AND YOU! Part. 2: Drafting Considerations & Trust Administration Considerations By Bernard A. Krooks Littman Krooks LLP New York, New York / http://www.littmankrooks.com Part. 1 Overview & Taxation III. Drafting Considerations A. Trustee Selection The selection of a trustee is one of … Continue reading Special Needs – Special Trusts Part. 2: Drafting Considerations & Trust Administration Considerations – Bernard A. Krooks

Special Needs – Special Trusts Part. 1: Overview & Taxation – Bernard A. Krooks

SPECIAL NEEDS - SPECIAL TRUSTS - WHAT YOU DON’T KNOW CAN HURT YOUR CLIENTS AND YOU! Part. 1 Overview & Taxation By Bernard A. Krooks Littman Krooks LLP New York, New York / http://www.littmankrooks.com I. Overview Special needs planning is a niche practice area within the estate planning field that requires a working knowledge of many … Continue reading Special Needs – Special Trusts Part. 1: Overview & Taxation – Bernard A. Krooks

Federal Register | Guidance Under Section 529A: Qualified ABLE Programs

The Internal Revenue Service on June 22, 2015 released proposed regulations implementing a new federal law authorizing states to offer specially-designed tax-favored ABLE accounts to people with disabilities who became disabled before age 26. The Achieving a Better Life Experience (ABLE) account provision was signed into law in December 2014. Recognizing the special financial burdens faced … Continue reading Federal Register | Guidance Under Section 529A: Qualified ABLE Programs

Medicaid Spend Down, Estate Recovery and Divorce: Doctrine, Planning and Policy by John A. Miller

John A. Miller has made available for download his article, "Medicaid Spend Down, Estate Recovery and Divorce: Doctrine, Planning and Policy."  The abstract is as follows: Medicaid is the need based government program that pays for much of the health care for the poor in the United States. Medicaid often ends up paying the costs … Continue reading Medicaid Spend Down, Estate Recovery and Divorce: Doctrine, Planning and Policy by John A. Miller

Bank May be Liable for Failure to Stop Elder Abuse

Jeffrey Skatoff reports that, in Ginder v. Bank of America, the US District Court for the Middle District of Florida has concluded, in what may be a first in Florida, that a bank can be held liable for the failure to stop elder abuse arising from the draining of a senior's bank account by an … Continue reading Bank May be Liable for Failure to Stop Elder Abuse

Whiting v. Whiting: Guardianship and Ability to Amend Estate Plan to Disinherit Child

Jenna Rubin writes about Whiting v. Whiting, No. 5D13-3296 (Feb. 27, 2015) in which a child of a ward sued guardian for Ward's amendment of estate plan to disinherit child. Ms. Rubin's post begins as follows: In this guardianship, the guardianship court entered into an order appointing a guardian for an alleged incapacitated person based upon … Continue reading Whiting v. Whiting: Guardianship and Ability to Amend Estate Plan to Disinherit Child

Successor PR Can’t Sue Law Firm That Represented Prior PR in Maine

Elderlaw Answers reports that Maine's highest court has ruled that because a law firm that represents a personal representative during probate does not owe a duty of care to the successor personal representative, the successor cannot sue the law firm for legal malpractice in Estate of Cabatit v. Canders (Me., No. YOR-13-475, Nov. 25, 2014). … Continue reading Successor PR Can’t Sue Law Firm That Represented Prior PR in Maine