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Texas Lawyer

Texas Judge Gives Receiver in Commodities Fraud the Go-Ahead to Clawback $12M

This latest action is part of a larger lawsuit brought by the Commodity Futures Trading Commission on behalf of approximately 1,600 elderly Americans that bought gold and silver bullion at prices averaging from 100% to more than 200% actual value.
3 minute read

New York Law Journal

Voluntary Discontinuance of a Guardianship Proceeding

Two recent opinions cast doubt upon the applicability of CPLR Section 3217, (voluntary discontinuance) to guardianship cases, writes contributor Daniel G. Fish.
7 minute read

The Legal Intelligencer

Special Section: 2023 Wealth Management/Trusts & Estates

In The Legal's Wealth Management/Trusts & Estates supplement read about estate planning in a high inflation environment, lifetime and annual exclusions and how to modify irrevocable trusts.
2 minute read

The Legal Intelligencer

Choosing Your Fiduciaries—Important Considerations to Make

Part of the role of an estate planning attorney is to assist the client with both the important legal aspects, as well as the emotional aspects, of finalizing their estate plan. This involves a critical discussion regarding choosing fiduciaries, but only after educating the client regarding the role of each individual fiduciary.
7 minute read

New York Law Journal

Trusts and Estates Planning Implications of Recent Developments in Medical Aid in Dying Legislation

A new medical aid in dying bill will be introduced after the state legislature goes into its 2023 session. While the new bill's passage is uncertain, recent legal developments in other states, including Oregon, Vermont and New Jersey, all of which permit MAiD, could make MAiD for terminally-ill New York residents accessible outside of New York.
8 minute read

New York Law Journal

Some Clarity on Medicaid Home Care 'Look-Back'

New York state's home care program has kept many seniors at home and out of nursing homes. It is a humane and cost effective approach to long-term care. The logic behind the 30-month "look-back" period for Medicaid home care is suspect.
5 minute read

Daily Business Review

Elder Abuse, Exploitation Is 'Rampant,' Says Cozen O'Connor Partner Taking the Helm of Florida Bar Committee

"I am of the opinion that the infrastructure for providing long-term care services and supports in the U.S. is failing our elderly population and people with disabilities in a significant way," said Cozen O'Connor partner Howard Krooks.
9 minute read

New York Law Journal

Stephen Hawking: Notarization by Mark and Notarization by Proxy

There is little statutory guidance in New York state for a notary who is attempting to notarize a document by mark for a disabled individual. This article looks at the legal quandaries that may arise with a client who cannot write out his or her name or is otherwise unable to sign a document and also addresses the idea of notarization by mark or notarization by proxy in New York state.
5 minute read

New York Law Journal

Spotting the Red Flags That May Signal Trusts and Estates Fraud

In this article, Lindsay H. Gill discusses red flags that may help advocates spot fraud and mismanagement, as well as the techniques investigators use to uncover evidence to determine whether fraud has occurred.
7 minute read

Daily Business Review

I Hate This Irrevocable Trust. Can I Change or Terminate It or Ask a Court to Change or Terminate It?

Your client is the trustee or the beneficiary of a irrevocable trust and wants to change or terminate it. What if the other beneficiaries or the trustee don't agree to the change or termination? Well, then you can't use a nonjudicial settlement agreement under Florida Statute 736.0111, so what can be done now?
6 minute read

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