Construing the Meaning of a Trust: Settlor’s Intent

1 year ago

If called upon to determine the meaning of a trust, or to resolve some ambiguity, Court look for the intent…

Privacy Laws

1 year ago

There are a number of laws protecting your privacy and the privacy of your information. This page describes several of…

Everyone has a Will (Even if you don’t)

1 year ago

Everyone should have a Will. If you don't have a Will then your stuff might go to someone you don't…

Sample Trust Language Appointing Trustee

1 year ago

The following sample language comes from a trust that was drafted years ago, however it remains useful in understanding issues…

Selecting the Trustee

1 year ago

One of the most important tasks when creating a trust is selecting the trustee. You can have the best trust…

Promissory Notes

1 year ago

When the Deficit Reduction Act of 2005 changed 42 U.S.C. ยง 1396p, new restrictions were imposed on promissory notes. Subsection…

Refusal to Answer Medicaid’s Questions Justified Denial of Eligibility

1 year ago

In Lamle ex rel. Lamle v. Shropshire (W.D. Oklahoma 5/29/2024), a United States District Court upheld a denial of benefits…

How much protection does a Medicaid Asset Protection Trust really provide?

1 year ago

In Hammerberg v. Department of Human Servs. (Minn. Ct. App. 4/22/2024), the State made an estate recovery claim against what…

Service Animals and the ADA

1 year ago

Service animals used by individuals with a disability can only be excluded from public places if they cannot be controlled…

Americans with Disabilities Act of 1990: The Basics

1 year ago

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 ("ADA"), a…