How can loyalty conflicts be avoided when trusts have competing interests?
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Standing as a health surrogate doesn’t allow appointees to enter into nursing home arbitration agreements or other business agreements with providers, a Florida appeals court has ruled. At issue was a nursing home attempting to force claims by a deceased resident's estate into arbitration since one of the healthcare surrogates had signed an arbitration agreement … Continue reading Healthcare Surrogates can’t agree to Arbitration
In the Matter of DREXEL ANDREW BRADSHAW, Attorney Drexel Andrew Bradshaw was charged with five counts of misconduct related to his position as the successor trustee of a client’s trust and his involvement with a construction company that repaired the client’s home. The case demonstrates the liability exposure that fiduciaries have and the extent to … Continue reading Did you sign up for this when you agreed to be trustee?
Wealth and Honor is a website dedicated to helping families navigate the financial challenges of age transitions. The site now has a YouTube Channel to host "edutainment" videos featuring non-legal commentary on actual court cases involving will disputes, elder financial abuse, estate litigation, fiduciary liability, and other issues of aging, death, and wealth. Court transcripts … Continue reading The Case Files – Episode 1: “Fool me once, shame on you…”
A New Jersey appeals court ruled that a nursing home has no standing to lodge a conversion claim or infringement of fiduciary duty against the daughter of a resident who transferred the resident's cash to herself, resulting in a Medicaid penalty period. M.D. is the daughter of B.S. In 2010, She started helping her mom … Continue reading Nursing home has no standing in suit against resident’s daughter.
There are an estimated 25 million safe deposit boxes in America, and they operate in a legal gray zone within the highly regulated banking industry. There are no federal laws governing the boxes; no rules require banks to compensate customers if their property is stolen or destroyed. Read the full article here.