Massachusetts’ highest court holds that a conservator was acting pursuant to a judge’s approval when she evicted a tenant and sold a house, so she is a quasi judicial officer and is immune from claims that she breached her fiduciary duty and converted...
Life estates can be an excellent tool for Medicaid planning, probate avoidance and tax efficiency, but there are potential problems to look out for. Knowing the implications and risks of a life estate is essential in determining whether it is appropriate for your...
Marriage is supposed to be “until death do us part,” but after one spouse dies, is it possible for a court to declare a marriage invalid (annulled)? It can be happen, as a Nebraska widower recently learned, but only in certain circumstances. Marriage provides benefits...
No one wants to see a loved one become unable to make decisions for him or herself. If this happens, however, the court may appoint a substitute decision maker, often called a “guardian,” but in some states called a “conservator” or other term....
Nebraska’s highest court declares a deceased woman’s marriage void and reverses financial transactions she made benefiting her husband, finding that she lacked the mental capacity to enter into the marriage. Malousek v. Meyer (Neb., No. S-20-470, July 30, 2021). Molly...
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