Two Stepchildren Disinherited from Family Trust

By Jill Roamer, JD, CIPP/US on Dec 7, 2022 8:51:00 AM

Two Stepchildren Disinherited from Family Trust

Donald and Marjorie were married in 1997. Each of them had two adult children upon entering the marriage–Donald’s kids were Kathy and Ray; Marjorie’s kids were Julie and Colleen. Donald and Marjorie created a revocable living trust together. At first death, the trust remained revocable as to the survivor. Upon the death of the survivor, all four kids were equal residuary beneficiaries.

Donald died in 2000. Kathy and Marjorie communicated sporadically throughout the years after Donald’s death. Ray’s communication with Marjorie ended shortly after Donald’s death. In 2004, Marjorie sold the family home and sent all four children checks for equal amounts of the proceeds.

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Pandemic Not an Excuse for Planning Delay

By Jill Roamer, JD, CIPP/US on Nov 30, 2022 9:59:00 AM

Pandemic Not an Excuse for Planning Delay-blog

The Covid-19 Pandemic made everything topsy-turvy. Businesses shut down, supplies were sometimes scarce, and families were distanced. It seemed like the coronavirus could be a legitimate excuse for the failure to get almost anything done in a timely manner. But what if this were the cited reason for causing planning delays in a Medicaid eligibility case? Was this a valid argument? An Ohio appeals court says no but only because of a technicality.

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Changes to Beneficiary Designations During Pendency of Divorce Case

By Jill Roamer, JD, CIPP/US on Nov 23, 2022 10:12:00 AM

Changes to Beneficiary Designations During Pendency of Divorce Case

Divorce is usually a lengthy process of reaching agreements pertaining to assets and family time. Once a divorce case is filed with the court, a temporary injunction is put in place, where neither party can dispose of marital assets. The court will eventually issue its ruling about how assets are divided. But what happens if one party to the divorce changes beneficiary designations to assets while the divorce case is pending but dies before the divorce decree is issued? Do the new designations stand?

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