Does Transfer-on-Death Become Fraudulent Transfer?

By Jill Roamer, JD, CIPP/US on Dec 9, 2021 12:33:00 PM

Does Transfer-on-Death Become Fraudulent Transfer

A new case out of the Court of Appeals of Ohio analyzes whether the beneficiary of a transfer-on-death (TOD) account was liable for an unpaid nursing home bill, based on a fraudulent transfer claim. Here, Marian was admitted to a nursing home facility and died about a month later. She left an unpaid balance to the home of roughly $16,000. The nursing home sued Marian’s son, Fredric, alleging fraudulent transfer due to a TOD beneficiary designation that Marian had executed before her death on an investment account, naming Fredric as beneficiary. The nursing home wanted compensation from the investment account funds that Fredric received.

The trial court ruled in favor of Fredric, and the nursing home appealed. The Court of Appeals of Ohio reversed the trial court’s judgment and remanded for further action. The parties litigated further and the trial court once again ruled in favor of Fredric. The appeals court once again took on the case and now we have the instant ruling.

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The Great Resignation: What It Means for Attorneys

By WealthCounsel Staff on Nov 19, 2021 10:00:00 AM

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Millions of Americans have walked away from their jobs this year. This mass employment exodus is noticeable, as is evidenced every day by conversations with people and signs outside retail stores and restaurants begging potential employees to work for them.

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Current Developments in Estate Planning and Business Law: November 2021

By WealthCounsel Staff on Nov 12, 2021 10:00:00 AM

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From revisions to the Build Back Better Act to restrictions on noncompetition agreements, we have recently seen significant developments in estate planning and business law. To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning and business law practice.

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