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Articles Posted in Asset Protection

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FEDERAL COURT EXCEPTION TO PROBATE JURISDICTION

FEDERAL COURTS ARE COURTS OF LIMITED JURISDICTION There is little question that Federal Courts are courts of limited jurisdiction. If there is neither original jurisdiction, meaning a question of federal law or rights that arise as a result of federal legislation nor complete diversity of the parties, meaning that all of…

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FEDERAL TAX EXEMPTION FOR ELDERLY DEPENDENTS

EVERY LITTLE BIT COUNTS For those of among us who care for elderly parents or relatives, you do it without expectation of compensation or reimbursement. You dedicate time, money, resources and do it day in and day out and will continue to do so without concern for recompense. That does…

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BACK TO BASICS: WRAP AROUND PLAN FOR ALL CONTINGENCIES – ADVANCED MEDICAL DIRECTIVES

As the new year opens it is a good time to review all of your legal estate planning decisions and tweak any previous documents that you think need to be modified. This requires us to get back to the basics of estate planning . For those scenarios that deal with…

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ADULT PROTECTIVE SERVICES IN NEW YORK – GOAL TO PROTECT VULNERABLE SENIORS

New York along with every other state, most United States administered territories and even The Bureau of Indian Affairs for Indian Tribes has an adult protective services enabling statute.  New York’s adult protective services statute is found in the archaically entitled Title 81 of the New York State Mental Hygiene…

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DISINHERITED HEIRS NOT ALWAYS A SURPRISE

It happens often enough that a parent for many reasons decides to disinherit one, several or all of his/her children.  At the same time, this is often not a controversial decision and is just as common both understandable and predicable.  Perhaps a person promised their estate to a specific child,…

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LET GO OF MY INHERITANCE – INTERFERENCE WITH AN EXPECTANCY

WRONGFUL INTERFERENCE WITH WILL It is known by many different names, depending on the state and the era. Most recently it made its appearance in news headlines with the name – intentional interference with expected inheritance, sometimes even shortened it IIEI. The United States Supreme Court referred to it as…

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HOW LONG CAN IRS COME AFTER ME? THE SUMNER REDSTONE CASE

Sumner Redstone is an entertainment business mogul with a majority share ownership of CBS entertainment and Viacom, and through Viacom, BET and Paramount Pictures, all through his majority ownership of his family business, National Amusement, which originally started out in the drive in movie theater business during The Great Depression.…

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PROBATE OF VACATION HOMES AND PROPERTY OUTSIDE STATE

ANCILLARY PROBATE   It is not an uncommon scenario for a middle class family of even modest means to own a vacation home in another state. For those of us who love to ski, hike and explore, mother nature’s wonders on horseback, Vermont and Wyoming may be your choice. For…

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LONGEVITY INSURANCE – DEFERRED INCOME ANNUITY

Deferred income annuities are a financial product that, by definition, are paid in one premium and payout after at least one year after purchase. While they have been around for quite some time, although they are only beginning to come into their own as a part of a sound retirement…

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ESTATE PROPERTY INCLUDES TAX RETURNS DUE

The United States Tax Court recently decided a case where the issue was the role that a tax return due to the decedent played in overall estate tax liability. The Estate of Russell Badgett, Jr. et al v. Commissioner, T.C. Memo 2015-226 (Nov. 24, 2015) dealt with a very large…

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