The following sample language comes from a trust that was drafted years ago, however it remains useful in understanding issues to consider when drafting trusts: Appointment of Trustee. During my lifetime, [TRUSTEE] shall act as the sole Trustee of all trusts created in this agreement, with the full powers, duties and responsibilities as set forth […]
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One of the most important tasks when creating a trust is selecting the trustee. You can have the best trust ever written, but if the trustee doesn’t follow the trust agreement, or worse, if the trustee intentionally violates the terms of the trust, then you’ve failed. There is a saying that you should not let […]
When the Deficit Reduction Act of 2005 changed 42 U.S.C. § 1396p, new restrictions were imposed on promissory notes. Subsection (c)(1)(I) note provides that the purchase of a promissory notes is treated as a transfer subject to the penalty rules unless the note meets the following guidelines: (I) For purposes of this paragraph with respect […]
In Lamle ex rel. Lamle v. Shropshire (W.D. Oklahoma 5/29/2024), a United States District Court upheld a denial of benefits where three Medicaid applicants refused to answer questions about promissory notes. Penelope Lamle, Marilyn Garrison and Maxine Houston each loaned money to others in exchange for a promissory note. Lamle and Garrison made loans to […]
In Hammerberg v. Department of Human Servs. (Minn. Ct. App. 4/22/2024), the State made an estate recovery claim against what appears to have been an income only trust. Very little of the trust language appears in the decision, but the “trust instrument required the trustee to pay all income derived from the trust to the” […]
Service animals used by individuals with a disability can only be excluded from public places if they cannot be controlled by their handler or if they are not house broken. See Title II, Section 35.136. Usually service animals must be harnessed, leashed or tethered unless the individual’s disability prevents using those devices or unless it […]
On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (“ADA”), a comprehensive civil rights law prohibiting discrimination on the basis of disability. The law was amended on September 25, 2008, when President George W.Bush signed into law the Americans with Disabilities Amendments Act of 2008 (ADA […]
The Tennessee Justice Center and its legal partners brought a class action in the U.S. District Court for the Middle District of Tennessee alleging that TennCare’s for reevaluating eligibility was defective and failed to provide notice and an opportunity for a hearing. TJC alleged that TennCare’s policies and practices caused thousands of Tennesseans to lose […]
*Note: On December 3, 2024, the US District Court for the Eastern District of Texas granted a nationwide preliminary injunction prohibiting the federal government from enforcing the CTA, its implementing regulations and its reporting deadlines. See Texas Top Cop Shop, Inc., et al. v. Garland, et al., Case No. 4:24-cv-478 (E.D. Tex.). See National Law […]
The American Housing and Economic Mobility Act of 2021 (now “of 2024”) may have taken on new life recently as Kamala Harris promised, if elected, to make housing affordable. That promise has to be funded somehow and the “how” of it seems to be rolling back the estate and gift tax exclusion amounts significantly. At […]
