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August 04, 2005 |

Elderly Spouses Gain Asset Armor

The 2nd Circuit has upheld the doctrine of "spousal refusal" -- an estate-planning technique that allows elderly spouses to keep their homes and other assets longer, even when their impoverished spouse is in a nursing home paid for by Medicaid. Some elder law attorneys see the decision as momentous, with an impact likely to spread beyond the 2nd Circuit states, and perhaps prompting federal legislation. "This will have a ripple effect throughout the country," predicted attorney F. William O'Connor.
6 minute read
July 17, 2012 |

Administrators Seek Comment on Plan for Practice Caretakers

The proposed rules establish a process for the court to designate a caretaker in the temporary management and closure or sale of a law practice on behalf of an attorney who has died, retired, faced discipline such as suspension or disbarment, is incapacitated or is otherwise unable to practice law, permanently or temporarily.
4 minute read
September 20, 2002 |

Court Finds Irrevocable Trusts Not Part of Medicaid Eligibility

A federal judge in New York judge has found that a common provision in an irrevocable trust that reserves a limited power of appointment does not render the assets of the trust available and therefore part of the Medicaid-eligibility equation. The decision is the first federal court ruling on the issue and a major victory for trust and estate lawyers and their clients.
4 minute read
August 05, 2005 |

Elderly Spouses Gain Assets Protection

The 2nd U.S. Circuit Court of Appeals has upheld the doctrine of spousal refusal - an estate-planning technique that will allow elderly spouses to keep their homes and other assets longer, even when their impoverished spouse is in a nursing home paid for by Medicaid.
6 minute read
January 07, 2013 |

Law Spares Attorney From Debt, Panel Finds

A Buffalo lawyer who ran up a $125,000 debt on a credit line and then dissolved his professional service limited liability company and started a sole proprietorship cannot be held liable for the arrears under the de facto merger doctrine, the Fourth Department has held.
7 minute read
January 30, 2013 |

LegalTech Day One: Relativity 8, Statistical Sampling, Law Firm Security

E-discovery system scalability and statistical sampling, computer security, and U.S. Supreme Court justices all garnered the attention of legal professionals at LegalTech New York on Tuesday.
6 minute read

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