Wills, Trusts & Estates Prof Blog

Saving Money For Foreign Clients

Ms. Debra Treyz works with JPMorgan Chase & Co. and saves foreign clients money by effectively using U.S. estate and gift tax rules applicable to non-U.S. citizens. She recently set up an estate plan for a couple based in Hong Kong by setting up a foreign offshore trust that will become a U.S. device when the couple dies. As the IRS has set up yet another program to find out what money is being hid abroad, Ms. Treyz has seen more cross-border clients. Ms. Treyz can help those clients minimize transfer taxes with proper planning techniques such as life insurance trusts, offshore grantor trusts, and gifting property that is not actually situated in the U.S.

See Elizabeth Ody, Tax Hunt Pushes Global Wealthy Into Offshore Trusts For Children in U.S., Bloomberg.com, Mar. 6, 2012; see also Ian Horowitz, Use of Foreign Trusts to Avoid Estate & Gift Tax, Wealth Strategies, Mar. 6, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.

Undisclosed Foreign Accounts Can Get You Into Trouble

One Alaska physician unsuccessfully tried to transfer money to a Panama bank to hide assets from his ex-wife. When the physician transferred the money in 2008, Panama was a notorious haven from the IRS and other creditors. In November, 2010, Panama signed a tax cooperation and information exchange agreement with the United States.

The Doctor’s Panamanian advisor tried to convince the Doctor that his best bet to protect his money would be to put it in a U.S. bank account under the guise of a foreign corporation. He made all the wire transfers by September 2011, but Homeland Security came in and seized it.

One California tax attorney cautions against undisclosed offshore accounts. They can quickly turn civil proceedings into criminal ones and so those with foreign accounts should report them to the IRS to be safe.

See Janet Novack, Hiding Millions From Your Ex Gets Harder, Thanks To Offshore Tax Crackdown, Forbes, Mar. 16, 2012.

Texas Guardianship Manual (3rd ed.)

Texas Bar Books has published Texas Guardianship Manual (3rd ed.) (2012). A description of the book is below:

The Texas Guardianship Manual has demonstrated its value to every lawyer who administers guardianships. The manual is organized by the logical sequence of events that would occur while following a matter from beginning to end. Each chapter contains a detailed table of contents; each contains practice notes concerning the topic of the chapter. The forms take up the greater part of most chapters. The uniform format of practice notes and forms is designed to enhance readability and ready reference and to accommodate easier word-processing use of the forms.

The new edition features new sections on end-of-life planning and declaration for mental health treatment. New and updated sections include:

• Surrogate Decision Making (with subsection on end-of-life planning)
• Interventional alternatives
• Declaration for mental health treatment
• Pooled trust subaccounts
• Management of community property by spouse
• Probate court jurisdiction

New and thoroughly updated forms include:

• Authorization agreement for nonparent relative
• Engagement letter
• Application and order for no administration/family allowance
• Application and order for removal of disabilities of minority
• Physician’s Certificate of Medical Examination

In addition, the new digital product (included with purchase of the manual) contains a custom tool bar for Word that allows users to show, hide, print, and delete all instructional material in the forms. And using the forms is made easier with prompts that help the user navigate through the decisions and options necessary to complete each form.

Article on CLAT Structures

Paul S. Lee (Attorney, New York, New York), Turney P. Berry (Attorney, Louisville, Kentucky), and Martin Hall (Attorney, Boston, Massachusetts) recently published their article entitled, Innovative CLAT Structures: Providing Economic Efficiencies to a Wealth Transfer Workhorse, 37 ACTEC L.J. 93 (Summer 2011). An overview of the article is below:

In this article, the authors outline the benefits of Charitable Lead Annuity Trusts (“CLATs”) as an estate planning tool. Special attention is focused on designing CLATs without level payment streams, but with “back loaded”or “shark-fin” annuity patterns that “zero-out” the value of the gift of the remainder interest and leverage historically low interest rates.The authors discuss the tax advantages and disadvantages if the CLAT isa non-grantor or grantor trust, if the CLAT is inter-vivos or testamentary,and if the charitable lead interest is a term of years or based upon a measuring life. The article outlines a number of technical issues that must be considered in the design of a CLAT, including the tricky endeavor of choosing which retained powers will provide grantor trust status without causing the assets of the trust to be includible in the estate of the grantor,and the income tax consequences of a termination of grantor trust status.In addition, they compare CLUTs and CLATs today if the remainder beneficiaries are skip-persons for GST tax purposes, and they review the application of the private foundations rules, the investment implications of a back-loaded annuity CLAT, and the planning implications surrounding the choice of different charitable and non-charitable beneficiaries.They conclude the article with a number of planning examples that illustrate the flexibility now afforded estate planners, including CLATs holding private equity interests, concentrated stock positions, life insurance policies, and family limited partnerships holding commercial real property or publicly-traded securities.

Same-sex Couples Struggle With Income Tax Returns

Same-sex couples struggle with filing tax returns every year. To be in compliance with the rules, it costs more for same-sex couples to file their returns. In states that recognize gay marriage, they have to file a state return and two separate federal returns because the U.S. government does not recognize same-sex marriages.

The gay community is divided between those who do not want to lie and those who do not want to break the federal tax laws. Refuse to Lie is a website that offers advice and testimonials for couples from couples who have decided to defy the law. It is not clear how many people who file jointly in spite of the law actually get caught because the IRS does not ask for gender on tax returns. If same-sex couples file jointly and are caught by the IRS, they have to pay the fees and penalties and re-file the returns individually.

See Catherine New, Income Tax Dilemma Faces Gay Couples Who File Jointly and Defy Federal Law, Huffington Post, Mar. 14, 2012. 

Special thanks to David S. Luber (Attorney at law, Florida Probate Attorney Wills and Estates Law Firm) for bringing this article to my attention.

Why Delaware Is The Best Place To Set Up a Trust

Delaware is the number one spot to set up trusts. The state currently holds over $1 trillion in trusts. The New York Private Trust Company has complied a report that explains why Delaware is the top choice for setting up a trust. The report addresses why Delaware is the best venue for dispute resolution, why Delaware protects your client’s business interests best, how Delaware’s banking system works, and why Delaware’s trust law is considered the friendliest in America.

Please click here to view the report.

How To Best Avoid Complications with Estate Planning As Boomers Are Passing

As medical advances are keeping older loved ones alive longer, they are using more money on care and have less to pass on. Children are sometimes stuck paying for parent’s medical care too, draining their money as well. As people are living longer and families are becoming more complex, more communication is needed about estate planning. These complications with inheritance can cause family fights. Despite these concerns, over $20 trillion is set to be transferred to heirs in the next 50 years as boomers pass away.

The number of centenarians is growing, but half of those who live beyond 85 end up with Alzheimer’s disease, which is costly to care for and erodes assets. Proper planning is necessary to prevent running out of money. More complications arise as well because children who take care of their parents expect that they would inherit more than siblings who didn’t care for the parents. Most parents distribute assets evenly amongst children despite who cares for them more.

The complex families that result from the high rate of divorces and new marriages complicates planning because some people don’t want to share or help blended family. This makes planning more important so that people can clearly dictate what they would like to be done with their assets.

Some people are left with inheritances that are more trouble than they’re worth, but they still feel obligated to carry out the wishes of the deceased. It is best to discuss what will be done with your assts while you’re still living because it is not a matter of if you will die, it is a matter of when.

Early planning, good communication, and being mindful of the fact that many are receiving the fruits of their older relatives’ labor while they are still living are the main things that can be done to help avoid the complications discussed above.

See Haya El Nasser, With More Blended Families, Estate Planning Gets Ugly, USAToday, Mar. 15, 2012.

Toddler Chooses Winning Lottery Ticket

Afsheen Ahsan, from Queens, New York, recently won the lottery thanks to a ticket selection by her two-year-old daughter. Afsheen doesn’t usually play the lottery, but Anaya Hussain, her toddler, put her hand on a ticket and Afsheen thought it was a good omen. Afsheen and Anaya ended up being right and now Afsheen will receive $31,152 a year until 2031. She wants to go on vacation and start a grocery store with her winnings.

See Toddler Wins $1 Million Lottery For Mom: Anaya Hussain Picked Winning Ticket, Huffington Post, Huffington Post, Mar. 16, 2012.

Special thanks to David S. Luber (Attorney at law, Florida Probate Attorney Wills and Estates Law Firm) for bringing this article to my attention.

Texas Legislative Update

William D. Pargaman (Attorney, Austin, TX) recently gave a presentation on his article What Has The Legislature Done To Us Now? (Don't Worry--It's Not Too Bad!) (2012). An excerpt from the article is below:

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5.6 The Nonsubstantive Estates Code Passed. Legislative Council chose the “Estates and Guardianship Code” as the new name for the recodified Probate Code. It was filed in the as H.B. 2502 by Rep. Hartnett and S.B. 2071 by Senator Duncan. However, Rep. Hartnett felt that the new name was a mouthful, so the name of the new Code was shortened to just the “Estates Code” when H.B. 2502 passed on the floor of the House. It passed the Senate without further amendment and will go into effect on January 1,2014.

5.7 The Substantive IndependentAdministration Recodification Bill Did Not Pass.The substantive recodification bill relating to independent administration did not pass in 2009, falling victim to the last-minute log jam of bills in the Senate that had a multitude of causes, an explanation of which would substantially lengthen this paper. However, they were included in REPTL’s 2011 Decedents’ Estates bill.

5.8 Recodification of the Guardianship and Power of Attorney Portions of the Probate Code. As noted above, the guardianship and power of attorney portions of the Probate Code underwent a nonsubstantive revision by the Legislative Council’s legal staff for introduction in the 2011 session. REPTL appointed Deborah Green of Austin and Linda Goehrs of Houston (the current and immediate past chairs ofREPTL’s Guardianship Committee) as the co-chairs of its Probate Code Codification Committee dealing with this aspect of the recodification process. This portion of the nonsubstantive recodification was introduced as H.B. 2759 (Hartnett) and S.B. 1299 (Duncan). The House version of this bill was signed by the Governor June 17th and is effective January 1, 2014.

5.9 Revisor’s Report for the Estates Code. Legislative Council has prepared and posted online an 882-page Revisor’s Report indicating the derivation of each section of the portion of the new Estates Code passed in 2009. The last 20 pages consist of a handy disposition table. You can find a link to the full Revisor’s Report on the Legislative Council website at:www.tlc.state.tx.us/code_current_estates.htm.In early 2012, an updated Revisor’s Report including information on the portions of the Estates Code passed in 2011 should be available at the same location.

5.10 Professor Beyer’s Estates Code. Prof. Gerry Beyer of the Texas Tech University School of Law has prepared and posted online a compilation of the entire Estates Code through the 2011 session,including substantive revisions, and both derivation and disposition tables. This version of the Estates Code can be found at:http://professorbeyer.com/Estates_Code/Texas_Estates_Code.htm

5.11 Continuing Codification. Since the portion of the Estates Code that was enacted last session doesn’t go into effect until 2014, and it is intended to be a nonsubstantive codification of the Probate Code as it exists immediately prior to 2014,there is a continuing need to make additional nonsubstantive revisions to incorporate changes to the Probate Code made prior to that time that were not incorporated into the Estates Code. In addition, one reason for the delayed effective date of the Estates Code is to provide time for “errors” to be discovered and corrected prior to that effective date. These same issues apply not just to the Estates Code, but to other codes enacted as part of the nonsubstantive codification process. S.B. 1303 (West) is a very lengthy bill that makes “nonsubstantive” revisions to a number of Statutory Changes Affecting Probate, Guardianships, Trusts, Powers of Attorney, Etc.

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Changes to Indiana Inheritance Tax Laws

The Indiana Speaker of the House has signed  Senate Bill 293, an Indiana Bill that makes changes to the state's inheritance tax laws. The digest of the bill is below, in full:

Inheritance tax. Reclassifies a spouse, widow, or widower of a child of the transferor as a Class A transferee instead of a Class B transferee. Reclassifies a spouse, widow, or widower of a stepchild of the transferor as a Class A transferee instead of a Class C transferee. Increases the inheritance tax exemption amount for Class A transferees from $100,000 to $250,000 with respect to taxable transfers resulting from the deaths of individuals dying after December 31, 2011. Phases out the inheritance tax over 9 years beginning in 2013. Phases out the inheritance tax replacement amounts payable to counties over 10 years beginning with amounts payable for the state fiscal year beginning July 1, 2012.

Article on Due Diligence

Kevin L. Shepherd (Attorney, Baltimore, Maryland) recently published his article entitled, The Gatekeeper Initiative and the Risk-Based Approach to Client Due Diligence: the Imperative for Voluntary Good Practices Guidance for U.S. Lawyers, 37 ACTECT L.J. 1 (Summer 2011). The introduction to the article is below:

Kristen, a junior partner with a 90-lawyer law firm in a Midwest city, specializes in commercial real estate and corporate law. Her clients are principally local real estate developers with a sprinkling of domestic institutional pension funds. Kristen receives a call from Brittany, a former law school classmate on the West Coast, who wants to refer a potential client to Kristen to handle a real estate transaction in Kristen’scity. In a dour economy, Kristen is thrilled to receive the referral. Brittany relates to Kristen that Brittany has been representing the client, an operator of a local warehouse distribution center, for about five years in labor and employment law matters but now the client wants to acquire a strip shopping center in Kristen’s city. Brittany informs Kristen that the potential client has a good payment record with Brittany’s firm and thinks that Kristen and the potential client would be a good match for the new real estate matter. Kristen thanks Brittany for the referral and tells Brittany that she will call the potential client as soon as she runs a conflicts check. To assist Kristen in that effort, Brittany e-mails the potentialclient’s name, address, and telephone number to Kristen.

The conflicts check is clear, and Kristen promptly calls the potential client. Kristen inquires into the name of the shopping center owner so that she can complete her conflicts check. The potential client indicates that a domestic insurance company now owns the shopping center pursuant to a foreclosure that occurred last year. Kristen immediately runs the owner’s name through conflicts and confirms that no conflict exists. Kristen then informs the client that the conflicts are clear and that Kristen’sfirm can handle the new engagement.

Kristen and her client then discuss the terms of the proposed shopping center acquisition. Kristen learns the deal is on a fast-track and that she is to review the draft contract of sale later that day, which the client will immediately forward to her. The client informs Kristen that anew entity will need to be formed to enter into the contract and to take title to the asset, and Kristen and the client discuss the pros and cons of the various forms of entities before deciding on a limited liability company(“LLC”). The LLC will be managed by the client but will have a number of “silent” investors. Kristen assures the client that she can form the entity quickly and prepare a standard member-managed operating agreement. Kristen does not push the client to identify the investors in the LLC. Kristen concludes the call by expressing her appreciation for the client’s business and that she looks forward to working with him on this transaction.

The above scenario has played out countless times with transactional lawyers across the United States. Kristen is pleased to have the new business and the client is delighted to have a lawyer recommended by Brittany, his regular attorney. Kristen feels she has discharged her ethical obligations by running the standard conflicts check. Based on Brittany’s assurances that the client is creditworthy, Kristen waived the need for a credit report on the client or the need for a retainer.

What is wrong with the above scenario? Although Kristen has performed the level of client due diligence (“CDD”) that most lawyers would perform under similar circumstances, she has not undertaken a risk-based analysis of the client to assess whether that client presents a risk of money laundering or terrorist financing. At first blush, that may seem to be a far-fetched notion. But efforts by the international community and federal authorities to impose anti-money laundering(“AML”) and counter-terrorist financing (“CFT”)1 obligations on lawyers portend significant changes in client intake and monitoring by U.S.lawyers and potential encroachments on the attorney-client relationship,including the attorney-client privilege and the duty of client confidentiality.These efforts are referred to as the “Gatekeeper Initiative.”

CLE on Same Sex Marriage and Civil Unions

The American Bar Association Judicial Division, Commission on Sexual Orientation and Gender Identity and the ABA Center for Continuing Legal Education are sponsoring a 90-minute live webinar on April 19 entitled New Relationships in Court: Same Sex Marriage and Civil Unions Inside and Outside Your Jurisdiction. A description of the program is below:

This program will present an overview of issues relating to same-sex marriage and civil unions in courts. It will also provide a look at U.S. census data on lesbian, gay, bisexual and transgender persons, to give context to the discussion.

Our faculty will review issues relating to parentage and children; relationship recognition and conflicts that may arise; and inter-jurisdictional issues that can come before courts.

Studies on Mortality Rates

As a group of people gets older, a higher percentage of them will die in any given time period. Benjamin Gompertz was a British mathematician from 19th-century created a law of mortality that says each additional period brings a constant increase in mortality rates. 20th century researchers found his research to be true. Around 80, mortality increases, but at a slower rate. More 100-year olds will die by 101 than 80-year-olds who will die by 81, but the difference was not as great as Gompertz predicted.

A study published last year may prove Gompertz right after all though. Leonid Gavrilov and Natalia Gavrilova are a husband and wife team at the Center on Aging at the University of Chicago. They posit a reliability theory of aging that suggests that the body amasses more flaws as it ages. Past a certain point, layers of protection on the body fall away and mortality comes at a constant rate. Their studies have found, however, that death rates among Americans born between 1875 and 1895 have grown steadily as they aged all the way through age 106.

Their new observations call into question their idea that there would be a slowdown in mortality increases with age, so they are now trying to reconcile their theory with those findings. The pair is waiting to see whether the pattern that they discovered will be applied to another set of aging populations, but they will have to wait until those born after the 1940s continue to age.

See Death Gets in the Way of Old-Age Gains, The Wall Street Journal, Mar. 2, 2012. 

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this to my attention.

More on Whitney Houston's Will

I previously blogged about how Whitney Houston left everything to her daughter, Bobbi Kristina, in a testamentary trust. While it is good that Whitney has Bobbi’s money being dispersed in portions, it is surprising that she had a testamentary trust instead of a living trust. A living trust would have kept the matter private, while the trust within the will is public record.

Because Whitney’s will has been made public, we know that she made one change to the will dated April 14, 2000. Whitney changed the executor from the attorney who drafted her will to Cissy Houston. The probate court ended up ultimately appointing Whitney’s sister-in-law Pat Houston to serve as executor though.

Whitney signed her will on February 3, 1993, which was shortly after her marriage to Bobby Brown.  As I previously blogged about, if Bobbi Kristina is declared incompetent, Bobby Brown is the suggested conservator. The will also stated that if Whitney had no living children when she died, several family members, including Bobby Brown would split her money. After Whitney and Bobby Brown divorced, Whitney should have changed her will to either remove him from these roles, or to clarify that despite their divorce, she would still want him to fill these roles. You should always make changes to your estate plan after a large event like a divorce or birth of a child.

See Whitney Houston’s Will Was Far From Perfect, Forbes, Mar. 15, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.

CLE on Spousal and Domestic Partners and Retirement

The ABA is sponsoring a webinar and teleconference entitled, Spousal and Domestic Partner Issues in Pensions and Retirement Income on Thursday, April, 12, 2012 from 1-2:30 pm Eastern. The program description is below:

This session will cover the essential elements that elder law, estate planning, family law, and general practitioners need to know about spousal and domestic partner rights in traditional defined benefit pensions, IRAs, 401ks and other defined contribution plans, and Social Security retirement benefits. We will cover distribution elections, beneficiary designations, and special issues for same sex couples.

Please click here to learn more and to register.

Emails From Beyond the Grave

Jack Froese died of heart arrhythmia at the age of 32 in June 2011.  After his death, several of his friends have received posthumous emails that have mysteriously accurate details in them.

His best friend from childhood, Tim Hart was one who received an email about a conversation only he and Jack had in his attic. Jack’s cousin, Jimmy McGraw also got a posthumous email about an ankle injury that he received after Jack’s death. Hart is not concerned about where the emails are coming from because he takes them positively, and the emails give him some closure. Usually posthumous emails like this can be traced to spam accounts, but these emails both had personal touches and have not been traced back to any such account.

If you want to intentionally send emails after your death, you can use the website, Dead Man’s Switch, to draft emails that will be sent to some preselected recipients after your death.

See Eric Pfiffer, Emails From Dead Man’s Account Helping Family and Friends Find Closure, The Sideshow, Mar. 14, 2012. 

Special thanks to Adam Hirsch (William & Catherine VanDercreek Professor, Florida State University
College of Law) for bringing this article to my attention. 

Presentation on Ethics and Malpractice Issues

Jeffrey N. Pennell (Emory University School of Law) recently gave a presentation on Chapter 21: Ethics and Malpractice Issues located in Jeffrey Pennell & Alan Newman's book, TRUST AND ESTATE PLANNING (2d ed. 2009). An excerpt from the chapter is below: 

The vast majority of estate planners are of a personality type that makes them more sensitive than many attorneys to concerns about ethics, conflicts, and propriety. It is part of what drives them to specialize in this area of legal service. What some attorneys (including estate planners) seem to lack, however, is a sense of the issues and problems that can arise in the ethics arena. Moreover, the rules governing the legal profession are not about morality as much as they are guidelines and prohibitions that regulate the practice of law. Thus, a good moral compass is not enough to steer clear of ethics issues.

Most relations involved in this arena fall under the law of agency, from which most of the obligations and prohibitions found in the ethical rules applicable to lawyers are derived. As such, this “law” is as susceptible to learning as the Internal Revenue Code or a local probate code. It also can be as technical.

This Chapter seeks to raise your level of consciousness about certain “predictable” ethical dilemmas in estate planning and fiduciary administration in situations that often generate problems or issues. In some situations the ethics issue is clear and the appropriate action easily is identifiable. In many other cases there is no “correct” response to the problems that are identified. In these circumstances, a good result is recognition of the problem, which must be considered in the context in which it arises. Although unsatisfactory, often conscious recognition and a sensitivity to these concerns is the best that can be expected.

This Chapter also illustrates that this area lacks clear answers and direction because the ethics rules weren’t written by or for estate planners. Many of the existing rules don’t apply or, if they do apply (which is arguable), they apply woodenly. Many ethics rules that were written from a conflict resolution perspective impose obligations and restrictions that are difficult or inappropriate in the planning context.

Politely Declining to Become a Child's Guardian

Declining to be the guardian of a friend or relative’s child can be an awkward, and potentially relationship altering, conversation. In situations where your gut reaction is to decline the offer, try telling a white lie to help lessen the blow—explain you are already named as guardian for another child. If a white lie won’t work, try explaining the practical and logistical reasons why you becoming a guardian is not the best choice—emphasize the small size of your home, the large cost associated with child rearing, and your already busy schedule. For potential guardians who have children of their own, a simple statement explaining that your hands are full with the children you already have can be enough to persuade a parent to look elsewhere for a guardian.

See Jacoba Urist, No Thanks, I Don’t Want to Be Your Kid’s Guardian, USA Today, Mar. 13, 2012.

Preparing For Retirement

Longer life expectancies have increased the retirement savings needed by most Americans, causing many workers to worry about retirement and beyond. Statistics from three separate studies on how working Americans are preparing (or failing to prepare) for retirement are below:

• Around 60% of workers have less than $25,000 in savings and investments.
• Only around 14% of workers feel certain they have enough saved for retirement to live comfortably.
• Around half of workers do not have access to a retirement savings plan.
• Only 28% of workers are very confident they will be employed for as long as they need.
• Sixteen percent of investors predict that their investments will increase in value.
• Sixty percent of investors are not confident they will have enough saved to retire.
• Investors expect to retire at an average age of 62 and live 22 years in retirement.
• Around 12% of retirees stated that either they or their spouse had purchased a financial product that pays a guaranteed monthly sum for life.
• Only 21% of retirees feel confident they have enough saved for retirement.
• Only 21% of workers and 24% of retirees have sought financial advice from a professional.

See Many Workers Have Savings Below $25K, EBRI Says, Financial Advisor Magazine, Mar. 13, 2012.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

Relief From Cross-Collateralization Agreements

Some IRA owners may be at risk of having their entire account taxed as a result of a cross-collateralization agreement they signed with their brokers. These agreements extend credit between the owner’s personal assets and IRA assets. To help provide some reprieve for IRA owners who signed these agreements, the IRS has offered a tax-deferred growth, but it is uncertain whether this relief will be permanent. The owner must not engage in prohibited transactions if he intends to enjoy the tax-deferred growth. For example, the owner cannot lend money or credit between an IRA and a disqualified individual as IRAs are prohibited from receiving credit from or extending credit to a disqualified person, including the owner himself.  

For more information on the tax-deferred growth, see Ed Slott, Skirting an IRA Pitfall, Financial Planning, Mar. 1, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.