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Archive: 2014

GOSSIP GIRLS: SHUT UP PROVISIONS IN CONTRACTS

Posted December 17, 2014 in , Business Torts and Litigation

GOSSIP GIRLS:  SHUT UP PROVISIONS IN CONTRACTS

Copyright © 2014 Robert M. Kramer.   All Rights Reserved.

Many of us have signed agreements with confidentiality /non-disclosure provisions with little thought.  These clauses are often included as part of a Settlement Agreement in a lawsuit.


Here’s what happened to Patrick Snay, the former headmaster at Gulliver Schools (“Gulliver”), a well-known private school in Miami.

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PORTABILITY AND YOU

Posted November 25, 2014 in , Estate Planning and Probate

PORTABILITY AND YOU

           Copyright © 2014 by Robert M. Kramer.  All Rights Reserved.

 
Here is a typical estate planning problem for our clients: Husband and Wife, both in their 60s, have a combined net worth of $9,000,000, with $8,000,000 titled in the Husband’s name and $1,000,000 titled in the Wife’s name.  They wish to leave their assets to their two children with minimal taxes.

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U.S. Department of Health and Human Services, Office for Civil Rights BULLETIN: HIPAA Privacy in Emergency Situations

Posted November 19, 2014 in , Health Law

U.S. Department of Health and Human Services, Office for Civil Rights

BULLETIN: HIPAA Privacy in Emergency Situations


In light of the Ebola outbreak and other events, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), is providing a bulletin to ensure that HIPAA covered entities and their business associates are aware of the ways in which patient information may be shared under the HIPAA Privacy Rule in an emergency situation, and to serve as a reminder that the protections of the Privacy Rule are not set aside during an emergency.

 

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OWNING A VESSEL INDIVIDUALLY- NOT SUCH A GOOD IDEA

Posted November 4, 2014 in , Asset Protection

OWNING A VESSEL INDIVIDUALLY- NOT SUCH A GOOD IDEA

 
Recently, one of our physician clients asked our advice as to proper ownership of a vessel that she was purchasing.
 
We explained that there were two aspects to this.  First, we need to be concerned about the possible loss of the equity in the vessel to a creditor, should she be sued for medical malpractice or for any other reason.  Second, unlike a safe asset- such as stocks and bonds- a vessel is a potential source of liability, should someone be injured.
 

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PLACING THE HOMESTEAD IN A REVOCABLE TRUST DOES NOT AVOID PROBATE!

Posted October 31, 2014 in , Estate Planning and Probate

                   

PLACING THE HOMESTEAD IN A REVOCABLE TRUST DOES NOT AVOID PROBATE!
Copyright © 2014 by Robert M. Kramer.   All Rights Reserved.

Sometimes common legal problems are hard to solve.

For example, Dr. Kellogg’s mother, Mrs. Kellogg, a widow, died recently.  She owned a $300,000 homestead and various liquid investments. Her estate planning attorney set up a Revocable Trust and transferred all her assets, including the homestead, into it in order to “avoid probate”.   Dr. Kellogg, the successor trustee and sole beneficiary of the Revocable Trust, just found out that the title company is requiring a judicial determination of the homestead.  He also learned that in order to do this, a probate will have to be conducted as this is a prerequisite to a judicial determination. Result- several months delay in being able to convey good title to a third party-buyer and several thousand dollars in legal fees.

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