Estate and Elder Law

Recent Posts

Nazi Confiscations Reach Well into the Future, Continue to Frustrate Heirs: Foreign Sovereign Immunities Act Defeats Heir’s Action to Recover Art Collection from Germany
Posted on 8 Feb 2011 by Travis Burchart

Following the Anschluss, Hermann Göring was asked about passports for the Viennese Jews. He responded, "All right, but not with any foreign currency. The Jews can go, but they will kindly leave behind their money, which they have stolen."... Read More

Fourth Circuit Splits from Ninth and Third Circuits in Refusing to Award Social Security Surviving Child Benefits to Posthumously Conceived Child
Posted on 18 Apr 2011 by Travis Burchart

Last week, the Fourth Circuit refused to define a posthumously conceived child, whose parentage was undisputed, as a "child" for the sake of surviving child benefits. Instead, the court looked to state intestacy laws to determine benefits entitlement... Read More

In Pennsylvania, if Your Elderly Parents Can’t Pay for Their Long-Term Care, Then You Might Be on the Hook for It
Posted on 13 Nov 2012 by Travis Burchart

Colonial Poor Law Imposing Liability on Today's Adult Children Last April, Julian Gray and Frank Petrich, both elder law attorneys, authored a Pittsburgh-Post Gazette article on a Pennsylvania law that can potentially saddle children with the... Read More

The prepaid estate tax proposal: Is it something like ketchup?
Posted on 4 Nov 2010 by Travis Burchart

In Malcolm Gladwell's book, What the Dog Saw , Gladwell discusses mustard versus ketchup, the first coming in a dozen varieties and the latter, basically, a single variety; there is Heinz, and pretty much only Heinz, with little competition from... Read More

The “Death Book” Sounds Like a Stephen King Novel, But It’s Actually a Helpful Estate Planning Tool
Posted on 26 Feb 2013 by Travis Burchart

Where do you keep all of your important financial information? -In a cabinet stuffed with unmarked files? -In a cardboard box full of unmanageable papers? -In an old Cleveland Indian's suitcase like my dad once did (odd but true)? ... Read More

New York Court of Appeals hears arguments on stranger-owned life insurance and New York’s insurable interest rule
Posted on 11 Nov 2010 by Travis Burchart

On October 12 th , the parties in Kramer v. Phoenix Life Ins. Co . presented oral arguments to the New York Court of Appeals regarding New York's insurable interest law and its effect on stranger-owned life insurance (SOLI or STOLI) arrangements... Read More

Third Circuit aligns itself with Ninth Circuit in defining posthumously conceived twins as “children” for purposes of surviving child's Social Security benefits: Capato v. Comm'r (1-4-11)
Posted on 10 Jan 2011 by Travis Burchart

The Third Circuit recently aligned itself with the Ninth Circuit in deciding that for the purposes of surviving child's insurance benefits under 42 USCS § 402(d) of the Social Security Act, a posthumously conceived child (i.e. donor eggs, artificial... Read More

A Look into the Elvis Presley Estate: Who Got What and Where Did It Go – Recent Filing Chronicles the Progress of Elvis’ Estate – FREE DOWNLOAD, Complaint
Posted on 28 Feb 2011 by Travis Burchart

Who owns Elvis Presley? If you've toured Graceland and witnessed the Elvis Presley merchandising giant, it's a question you might have asked yourself. Elvis "the Brand" is a retail empire, from his Nashville home to his music... Read More

A Funny Thing about Charities ... Some of Them Play Football
Posted on 18 Nov 2010 by Travis Burchart

Are College Football Bowls Entitled to IRC 501(c)(3) Tax Exempt Status? There's only a few weeks left in college football's regular season, and after that, the various bowls will invite teams to participate in post-season play. Several of the... Read More

Estate Tax Mindmap - Pros and Cons
Posted on 28 Sep 2010 by Travis Burchart

The LexisNexis Estate Planning and Elder Law Community continues to provide you with further information regarding the estate tax debate. As part of our ongoing coverage of this issue, we have compiled some of the points in favor of and opposed to... Read More

Fourth Circuit Splits from Ninth and Third Circuits in Refusing to Award Social Security Surviving Child Benefits to Posthumously Conceived Child
Posted on 18 Apr 2011 by Travis Burchart

Last week, the Fourth Circuit refused to define a posthumously conceived child, whose parentage was undisputed, as a "child" for the sake of surviving child benefits. Instead, the court looked to state intestacy laws to determine benefits... Read More