Helping Families Navigate the Financial Challenges of Age Transitions
Most people should be able to choose a loving and honoring adult child or family member as a financial caregiver. An Indiana case highlights the importance of integrity when making the choice.
In the case of Biggs vs Renner, Terri Renner and Sherry Biggs are siblings locked in a court battle over their mother’s care, with Terri claiming that Sherry abused her position as agent under her mother’s Power of Attorney, and used their mother’s funds for her own benefit.… Read the rest
A Florida Appeals court has ruled that a special appointed guardian does not have a claim for guardianship expenses against a deceased’s IRA accounts. ( Araguel v. Bryan, (Fla. Dist. Ct. App., No. 1D20-2789, August 17, 2022).
According to the court transcript, In October of 2019, Jane Kaigler Araguel became unable to care for herself.… Read the rest
In 2021, The 8th U.S. Circuit Court of Appeals gave the green light to a federal regulation that allows nursing homes to use arbitration agreements with residents, but prevents them from making the agreements a prerequisite for admission. Several nursing homes had filed a lawsuit against the Centers for Medicare & Medicaid Services (CMS) challenging the new regulation.… Read the rest
A Massachusetts case illustrates the care that must be exercised when giving property interests to others and how those interests are titled. Donald and Suzanne Bragdon owned their home as Tenants by Entirety, a form of holding title available only to married individuals.… Read the rest
Debt lawsuits — a byproduct of America’s medical debt crisis — can ensnare not only patients but also those who help sick and older people be admitted to nursing homes, a KHN-NPR investigation finds.
Beverley Schottenstein said two grandsons who managed her money at JPMorgan forged documents, ran up commissions with inappropriate trading and made her miss tens of millions of dollars in gains. So she decided to teach them all a lesson.
Source: At 93, She Waged War on JPMorgan and Two Financial Advisors—Her Grandsons – Bloomberg
… Read the rest
The Georgia Supreme Court has suspended a state appeals judge with pay during an ethics investigation.
The court suspended the judge, Christian Coomer, on Wednesday, Law360 reports.Coomer is accused of making himself a beneficiary and his wife the executor when drafting wills for a then-client, according to Law.com,
In this episode of the case files, I discuss the Texas case of Ramirez vs. Rodriguez, et. al., a case that involves four sibling co-trustees and the attempt by three of them to remove their trouble-making brother because of his hostile actions.
It is common practice for professionals to refer clients to one another. Clients often don’t want to shop around for someone when a professional they are already working with knows another professional to whom they can refer. Many avoid referring a single professional, preferring instead to provide 3-4 references that the client can contact on their own.
The Law Firm of Faegre Drinker Biddle & Reath LLP, recently published the trial court results of a case involving a charge of Undue Influence brought by the two adult children of William Moriarty.
Mr. Moriarty was widowed in April 2016.… Read the rest
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