If a homeowner stops paying their property taxes and the county forecloses on the home, what happens to the excess funds from the sale? Common sense might lead you to say that of course any excess funds would go to the homeowner, but that isn’t always the case. The Supreme Court of the United States (SCOTUS) recently heard oral arguments in a case where the county kept the proceeds from the sale for itself.
SCOTUS Hears Case Where County Sells Property to Satisfy Tax Debt and Keeps Excess Funds
By Jill Roamer, JD, CIPP/US on May 26, 2023 7:48:00 AM
Current Developments in Estate Planning and Business Law: May 2023
By WealthCounsel Staff on May 12, 2023 10:14:42 AM
From the United States Supreme Court’s ruling on penalties for nonwillful Foreign Bank and Financial Accounts (FBAR) violations to the New York Court of Appeals’ broad reading of New York’s long-arm jurisdiction statute in a breach of contract case, 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.
Prior Estrangement Not Controlling Factor in Guardianship Case
By Jill Roamer, JD, CIPP/US on Apr 20, 2023 9:42:00 AM
How should a prior estrangement between child and parent affect the ruling in a guardianship case for the parent? This issue was recently litigated in an Indiana slip opinion.
Peggy, a 90-year-old Indiana resident, had three children – Randy, Terri, and Sherry. Randy and Terri also live in Indiana; Sherry lives in Florida. Peggy’s husband died in 2002 and thereafter her relationship with Terri became estranged. In 2003, Peggy executed a financial power of attorney, naming Randy as her agent and Sherry as her successor agent.