Category Archives: Estate Planning

Title Services and Closings

Title services and closings are critical during the process of a purchasing real estate. Each real estate property has a track history of transactions of sales and purchases of that property. There are many times when a piece of property includes prior history or lack of history that negatively affects the value of the property. What is a title examination? A title search begins with an examination of all public records that relate to the property. The title examiner searches to find any records that “cloud” the title. This means that they search for records that negatively affect the value of the property. For example, a mortgage lender may have a lien on the property, the local government may have a lien for unpaid taxes on the property, or code enforcement violations may have resulted on a lien on the property. These are common examples of defects on the property’s title that reduce the value of the land. The role of Title Insurance Once a title examination….. To continue reading this legal news please click Read full information...

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A Family Theft – Part 2

                In last week’s post I told you about Joe’s problem.  He needed to apply for Medicaid for his sister, Sophie.  His sister, Mary, however, had told him that she took some of Sophie’s money and spent it herself.  He had confirmed at least $100,000 and counting.                 As I explained last week that would make Sophie ineligible for Medicaid benefits to pay for her nursing care for at least 10 months and maybe more – unless we can establish that Sophie did not willingly give this money to Mary.  So how do we do that?                 Well, just telling Medicaid that she did not give the money to Mary won’t work.  Medicaid will not take our word for it.  I explained to Joe that….. To continue reading this legal news please click Read full information...

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South Africa: What’s Yours is Mine and What’s Mine is Mine

In Naidoo v Discovery Life Limited & others the Supreme Court of Appeal was faced with the main task of determining whether a risk-only policy with a beneficiary clause constitutes an asset in the joint-estate. This case deals with two….. To continue reading this legal news please click Read full information...

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What is a Conservatorship?

  By Carmine Perri When we help clients develop their estate plans, one of the advance directives we encourage them to create is a Designation of Conservator. You decide ahead of time who will manage your affairs – and under what certain circumstances – if you become incapacitated. So what is a conservator? A conservator is a person appointed by the Probate Court to oversee the financial and/or personal affairs of an adult who is determined by the Probate Court to be incapable of managing his or her affairs or unable to care for himself or herself. A conservator may also be appointed for the same purpose for a capable person who requests such assistance. A conservator can be a conservator of estate, appointed to oversee the conserved person’s financial affairs, or a conservator of person, appointed to manage his or her health care decisions, or both. There are two types of conservatorships: Voluntary – A capable person may petition the court on his….. To continue reading this legal news please click Read full information...

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Navy Veteran Holds Garage Sale to Pay for Own Funeral

Willie Davis, a Navy veteran living in Cambria County, Pennsylvania, that is suffering from stage 4 squamous cell carcinoma has found a way to pay for his last expenses: a garage sale of the majority of his belongings. His hope….. To continue reading this legal news please click Read full information...

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