June 15th is World Elder Abuse Awareness Day, a day designated to bring visibility to the prevalence of global elder abuse. According to the National Council on Aging, one in ten Americans aged 60 or above have experienced some form of elder abuse. It is expected that with the number of older persons growing, abuse of the elderly will also grow. Though elder abuse is a serious and common problem that could lead to poverty, hunger, homelessness, compromised health and well-being, and even premature mortality, it often is one of the least investigated or reported types of abuse.
Sumner Redstone, at 92 years-old and the controlling shareholder of his $40 billion media empire, Viacom Inc. and CBS Corp. has accomplished a lot. And a court recently ruled he can continue to make his own decisions, including deciding who should be his health-care agent.
SYK has been advising our clients, friends and colleagues about managing Digital Assets (your online accounts) for many years, lamenting the fact that the internet was outrunning the law. We’ve been writing about it, testifying before legislators, speaking at seminars and encouraging everyone to prepare a VAIL – Virtual Asset Instruction Letter.
We are happy to report that there is new light on the issue. Oregon has just become the first state in the union to pass RUFADAA: The Revised Uniform Fiduciary Access to Digital Accounts Act. Oregon Senate Bill 1554 was signed by the Governor yesterday and will become effective January 1, 2017.
Congratulations to SYK attorney Victoria Blachly. Her article “Uniform Fiduciary Access to Digital Assets Act: What UFADAA Know” was recently published in Probate & Property, a Publication of the Real Property, Trust and Estate Law Section. Her article explores the issues that arise when a family member passes away, or becomes incapacitated, in an increasingly […]
As the designated beneficiary to an account, are you bound by the arbitration clause signed by the decedent? Read this recent case to find out.
A recent Washington case reminds us that the presumption of a joint bank account may be overcome with the right evidence.
A fiduciary litigator is an endlessly fascinating study of human motivation.
You’ll get the top five reasons settlement wins over heading to the court over family trust or estate fights. The American Bar Association recently published an article on the topic and below is all you need to know.
From time to time we will publish recent local cases or legislative bills: Wilson v. Wilson, 224 Or App 360, 197 P.3d 1141 (2008) Background: This is a spousal elective share case. The conservator of the decedent’s wife filed a claim for her elective share. Before the court determined whether or not to grant the elective […]
From time to time, we will publish blurbs on recent local court opinions and state legislation: Brown v. Hackney, — P.3d –, 2009 WL 1394832 (Or App 2009) Background: Brother of the decedent, a beneficiary through intestate (without a will) succession, challenged the payment of the personal representative from funds acquired through the settlement of a […]