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22 May 2014, 7:15 am
Silver then promised to use all means to end Mr. [read post]
21 May 2014, 5:37 pm
” I had written in a blog post last October, Bankruptcy Trustee Sues Chinese Over Solar Panel Dumping, about a case filed in the U.S. [read post]
21 May 2014, 4:46 am
In July of 2010, the Trustee’s Office “provided the U.S. [read post]
20 May 2014, 5:42 am
However, even though these trusts are so useful, a lot of people are not clear about how they work. [read post]
19 May 2014, 5:55 am
One option is to purchase a trustee auditing manual, such as Sheshunoff’s Trust Department Policies and Procedures, and use it to design your “audit”. [read post]
18 May 2014, 11:07 am
The position of the Office of Medicaid is directly contrary to what the Supreme Judicial Court wrote in Cohen v. [read post]
18 May 2014, 11:07 am
The position of the Office of Medicaid is directly contrary to what the Supreme Judicial Court wrote in Cohen v. [read post]
18 May 2014, 11:06 am
The Office of Medicaid attempts to argue that the purpose of a trust may not be used as a limitation on trustee discretion to make a distribution of principal to the Settlor, but ignores that it is the responsibility of the trustee to understand all provisions of the trust instrument and construe them so as to give meaning and efficacy to all of them. [read post]
18 May 2014, 11:06 am
The Office of Medicaid attempts to argue that the purpose of a trust may not be used as a limitation on trustee discretion to make a distribution of principal to the Settlor, but ignores that it is the responsibility of the trustee to understand all provisions of the trust instrument and construe them so as to give meaning and efficacy to all of them. [read post]
18 May 2014, 11:04 am
In most MassHealth trust denial cases, the Office of Medicaid now attempts to isolate phrases in the irrevocable trust out of context, but, under Massachusetts law, phrases in trusts must not be read independently; rather, phrases must be read as a whole, and the Office of Medicaid pushed that very point in the Massachusetts Appeals Court in Doherty v. [read post]
18 May 2014, 11:04 am
In most MassHealth trust denial cases, the Office of Medicaid now attempts to isolate phrases in the irrevocable trust out of context, but, under Massachusetts law, phrases in trusts must not be read independently; rather, phrases must be read as a whole, and the Office of Medicaid pushed that very point in the Massachusetts Appeals Court in Doherty v. [read post]
18 May 2014, 11:03 am
” The Office of Medicaid argued that these provisions caused the trustee to have fiduciary duties to the Settlor, not the remainderpersons. [read post]
18 May 2014, 11:03 am
The Office of Medicaid took the position that the Trustee in that case had fiduciary duties, but not to the remainderpersons, but rather to the Settlor: “The unambiguous language of Article II demonstrates the Trustees’ fiduciary duty runs to Muriel, and dictates that they can use all assets of the Irrevocable Trust for her care and benefit. [read post]
18 May 2014, 11:03 am
” The Office of Medicaid argued that these provisions caused the trustee to have fiduciary duties to the Settlor, not the remainderpersons. [read post]
18 May 2014, 11:03 am
The Office of Medicaid took the position that the Trustee in that case had fiduciary duties, but not to the remainderpersons, but rather to the Settlor: “The unambiguous language of Article II demonstrates the Trustees’ fiduciary duty runs to Muriel, and dictates that they can use all assets of the Irrevocable Trust for her care and benefit. [read post]
18 May 2014, 10:30 am
The Office of Medicaid contends that courts disfavor the use of irrevocable trusts by Medicaid applicants, yet the Supreme Judicial Court has specifically recognized the viability of so-called income-only trusts where the trustee has no “peppercorn of discretion” to distribute principal to a beneficiary. [read post]
18 May 2014, 10:30 am
The Office of Medicaid contends that courts disfavor the use of irrevocable trusts by Medicaid applicants, yet the Supreme Judicial Court has specifically recognized the viability of so-called income-only trusts where the trustee has no “peppercorn of discretion” to distribute principal to a beneficiary. [read post]
5 May 2014, 12:23 pm
As the trustee or other person acting on behalf of the trust is not the approved transferee under the NFA, 18 U.S.C. 5812, the trustee or other person acting on behalf of a trust must undergo a NICS check. [read post]
1 May 2014, 9:01 pm
For the past several decades there have been efforts by those with causes to find lawsuits in the lower federal courts that can be used as vehicles to change a body of law for ideological reasons. [read post]
1 May 2014, 5:15 pm
Contact the Law Office of Scott C. [read post]
