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ESTATE PLANNING, PROBATE & ELDER LAW NEWS

» Pearis leaving after 35 years as Town of Maine attorney

Stuart Pearis announced this weekthat he will leave his position March 31 as Town of Maine attorney after 35 years. via Press & Sun-Bulletin

»  Best Post-Retirement Paychecks
Retirees today have abundant opportunities to work. Wal-Mart greeting may have to wait.

» The Agnes Wright Case and Loans vs. Gifts

In re. Estate of Agnes H. Wright is an appellate case that deals with whether an individual's attorneys can be disqualified. The case is available here as a pdf. I'm less interested in that issue than in the issue that prompted the litigation in the first place. This is an undue influence case, pitting sibling vs. sibling. At issue is a trust amendment signed by Mrs. Wright. The trust amendment says that she loaned her son Peter $1.8 million to purchase a vacation home in Lake Geneva, Wisconsin. The amendment recites other information about the transaction, but the key is that the amendment characterizes the transaction as a loan. Peter, however, says that the transaction was a gift, and that the trust amendment was executed only because Peter's sister Linda exerted undue influence against their mother.

If I had any advice to take from the case, it would be this: resolve issues of loan vs. gift before death, by a writing signed by all parties. The problem in the above case is that the amendment is signed only by Mrs. Wright. If you want to loan money to a child, have the child agree to the terms of the loan BEFORE you hand over the money. Similarly, if you want to gift money to a child, think seriously about making equal gifts to all children OR having all children acknowledge that the gift IS a gift (not a loan).

» Muni bonds flee auction-rate securities

» Farm owner transfer session planned in Stratford

STRATFORD -- Because of the overwhelming response to the farm transfer workshop in December, Clark and Marathon County UW-Extension will hold a farm transfer workshop March 26 at the Country Aire in Stratford ... via WisInfo

Estate Planning Attorneys Fort Calhoun : Probate & Elder Law Attorneys in Fort Calhoun, NE

Estate Planning, Probate & Elder Law Attorneys

 

Estate Planning, Probate & Elder Law Fort Calhoun, Nebraska

Fort Calhoun Estate Planning & Probate Attorneys

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Pickens Daubman & Green, LLP

TEL (402) 393-6688 |  Omaha, NE

TEL (402) 393-7400 |  Omaha, NE

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