April 25, 2013

Estate Planning for Digital Assets

Digital PlanningI have just posted a revised version of my article, Estate Planning in the Digital Age.  The revision covers the additional states that have enacted or or considering enacting digital asset legislation relevant to estate planning.  The article also expands on planning suggestions and contains a comprehensive form for use in preparing an inventory of digital assets.

April 25, 2013 in Articles, Estate Planning - Generally, Technology, Trusts, Wills | Permalink | Comments (0) | TrackBack

April 19, 2013

Non-Birth Parent Seeks Role In Kansas Sperm Donor Case

BabiesAs I have previously discussed, the State of Kansas is seeking to have a sperm donor be declared the father of a child he helped create through an exchange on Craigslist. The father, William Marotta, claimed that he signed a contract with the lesbian couple, Angela Bauer and Jennifer Schreiner, stating that he would be responsible for caring for the child. The state rejected his claim because he failed to follow the proper procedures of seeking a medical professional to assist with the donation.

The latest news coming from Kansas is that the non-birth mother wishes join in the proceedings. Bauer states that we would like to co-parent the child, citing precedent from the Supreme Court of Kansas that held that a same-sex parent can have the same rights as the biological parent. The state is opposed to the measure. District Court Judge Mary Mattivi is expected to rule on whether Bauer can participate in the proceedings by the end of the month. Additionally, "attorneys for the state have until May 17 to file a motion asking Mattivi to issue a partial judgment on the validity of the sperm donor [sic] contact." 

See Heather Hollingsworth, Non-birth Parent Seeks Role In Sperm Donor Case, The Wichita Eagle, Apr. 10, 2013.

April 19, 2013 in Current Events, Technology | Permalink | Comments (0) | TrackBack

April 17, 2013

The Interface Between Elder Law and Digital Asset Planning

Digital1Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) and Naomi Cahn (Harold H. Greene Professor of Law, George Washington University Law School) have recently posted on SSRN their article entitled Digital Planning: The Future of Elder Law, 9 NAELA J. 135 (2013).

Here is the abstract of their article:

More than half of individuals over the age of 65 use the Internet or e-mail — and they are a fast-growing population on the Internet. Like most people, however, they have probably not considered how to dispose of their digital life if they become incapacitated or when they die, even though they are in the most likely age group to have drafted a will. Indeed, even if they do engage in planning, they cannot be confident that their wishes will be carried out: only a few states have laws covering probate and digital assets, there is no generally accepted method for using wills or trusts to dispose of digital assets, and the policies of Internet providers often preclude the exercise of individual autonomy. As Internet usage becomes even more pervasive and as online assets and accounts have the potential to become even more valuable (emotionally and financially), issues involving control of digital property are rapidly becoming even more important.

This article first explains digital assets as a new species of property and discusses the importance of planning for these assets. The article next analyzes the legal context for digital asset disposition, including the few existing state laws, and then turns its attention to the future, including suggestions for planning and commentary on where the law might be headed. Notwithstanding the legal uncertainties surrounding digital asset disposition, individuals should make plans for the management, ownership, or destruction of these assets based on the foundational principles of deference to the individual’s intent. Acknowledging the difficulty of predicting the future, the authors feel quite confident that, as Elder Law moves forward, planning for a client’s digital assets will assume an increasingly important role.

April 17, 2013 in Articles, Technology, Trusts, Wills | Permalink | Comments (0) | TrackBack

April 15, 2013

Utah Allows Prisoners To Become Organ Donors

Medical CaduceusRecently, the State of Utah passed law at the end of March this year that would allow prisoners to sign up to become an organ donor. The controversial law would also allow death row inmates to be among those who can sign up to donate. In total, 247 inmates have volunteered to be an organ donor in Utah. As I stated earlier, the decision to allow prisoners to donate their organs was a controversial one. The law is a shift from the norm as most states do not usually allow this type of donation by prisoners. States have allowed it before rarely, however, it is done under strictly controlled circumstances. Never before has a state allowed donations from a death row inmate.

One of the primary issues here was an ethical one. There is a general fear that the government will coerce vulnerable groups of people, such as prisoners, to donate their organs to solve the overwhelming need for organs. There are also public health issues involved here, especially when one considers the prevalence of transferable diseases among inmates in our prisons, the difficulty in actually retrieving the organs promptly, and the manner of death for the inmate. For example, some methods of approved execution would render the organs completely unusable. Of course, these considerations did not stop the Utah state legislature. It was State Rep. Steve Eliason who said, "'How disappointing is that, there's somebody who maybe wants to atone for his sins in some way...[i]t's a waste of perfectly good organs that could help others.'" 

See JoNel Aleccia, New Utah Law Allows Organ Donation From Prisoners; Nearly 250 Sign Up, NBC News, Apr. 14, 2013.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.

April 15, 2013 in Current Affairs, Technology | Permalink | Comments (0) | TrackBack

April 03, 2013

Treatment For Parkinson's Disease Approved in Canada

Parkinson's AwarenessUCB, a pharmaceutical company, created a skin patch called Neupro that releases dopamine agonist into a person suffering from Parkinson's Disease. The patch treats Parkinson's Disease by replicating how dopamine naturally operates in the brain. In the course of Parkinson's Disease, dopamine-producing neurons in a patient die. The dopamine released by the patch supplements the dopamine function that was lost as a result of the death of the patient's neurons. Neupro attempts "to maintain as constant a level of the drug as possible throughout the course of the day." Studies that have been conducted have shown that the patch does help to reduce a patient's "off-time," which often results from when the helpful effects of a patient's medication wears off.

While Neupro was withdrawn from United States markets in 2008, it has returned to store shelves. Neupro was also approved for use in Canada and the European Union.

See Nate Herpich, Neupro Patch Approved For Use In Canada, The Michael J. Fox Foundation For Parkinson's Research, Apr. 2, 2013.

April 3, 2013 in Current Affairs, Technology | Permalink | Comments (1) | TrackBack

March 16, 2013

First Five-Organ Transplant Patient Gives Birth

BabiesFatema Al Ansari became the mother of a healthy baby girl this past February, which is usually all of the joyous news that you will ever need for a new parent. That is not the end of the good news for Al Ansari because she also became the first patient to give birth after receiving five different organ transplants, which include "a new liver, pancreas, stomach and small and large intestine." She gave birth by cesarean section on February 26, 2013 at the same hospital in Miami, Florida where she received her transplant surgery. Al Ansari is originally from Qatar and, if everything goes well, hopes to return to home after a few weeks. She was living in her home country when her medical problems emerged. At the age of 19, "she was diagnosed with a blood clot in a major vein to the intestine." It was the blood clot that required her to get transplant surgery.

Al Ansari is truly one of a kind. While there have been women that have given birth after receiving two organs, she is the first to give birth after receiving five organs. A number that's even more remarkable when you consider that there are only about 600 recorded people who have received five organs. Her doctor, Shalih Y. Yasin remarked that "an adult with five transplanted organs who is sufficiently healthy to even consider having a child 'is a miracle by itself.'" The reason for this is because there could be a number of possible complications with the pregnancy, including infection, bleeding, and a good amount of physical discomfort as the baby grows. While Al Ansari had the latter two, she was lucky to not get an infection. Other doctors noted the unusual characteristics of the birth. Many claimed that while many patients go on to lead full lives after an organ transplant, almost none of them go on to give birth.

See Suzette Laboy, Fatema Al Ansari, First 5-Organ Transplant Patient To Give Birth, Has A Baby Girl, The Huffington Post, Mar. 13, 2013.

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

March 16, 2013 in Current Events, Technology | Permalink | Comments (0) | TrackBack

March 12, 2013

Law Lags Behind Technology When It Comes To Digital Assets

FacebookThis is not an uncommon topic for this blog. In particular, I have previously discussed the situation that Mr. Ricky Rash and his wife Diane Rash found themselves in following the suicide of their son. Mr. and Mrs. Rash attempted to gain access to their son's Facebook account to gain some insight and hopefully some answers about why their seemingly normal and happy son would choose to end his life. Unfortunately for his parents, they were not able to gain access their son's account because of Facebook's privacy policy. For an in depth discussion about this topic, here is a video from PBS featuring Ms. Naomi Cahn from the George Washington University School of Law and Evan Carroll, a co-author of the book Your Digital Afterlife with Jeffrey Brown.

See Jeffrey Brown, Naomi Cahn, and Evan Carroll, Law Lags Behind in Defining Posthumous Protocol Online for Online Accounts, PBS Newshour, 2013.

March 12, 2013 in Current Affairs, Estate Administration, Estate Planning - Generally, Technology, Web/Tech | Permalink | Comments (0) | TrackBack

March 01, 2013

Article on Liquid Cremation

Kent HansenKent Hansen (Comment Editor, EPJ Vol. 5, Candidate for a J.D. and M.S. in Financial Planning, 2013) recently published an article entitled, Choosing To Be Flushed Away: A National Background on Alkaline Hydrolysis and What Texas Should Know About Regulating “Liquid Cremation”, 5 Est. Plan. & Community Prop. L.J. 145.

Respect for the dead is part of an unwritten standard of morality, but just how far does that respect go? In an increasingly urbanized world in which the value of land constantly rises, does digging up and consolidating graves cross the line as disrespectful? What about offering rooms in a corpse hotel where guests can wait for their turn at the crematory? Where does that rank? And what about new mechanical disposal methods? Are they too cold or ghoulish to be a respectful means of sending off our family; members and loved ones? Regardless of your answers to these questions, it is well-defined that after thousands of years of human existence, two methods predominate as the accepted methods for disposing of human corpses: burial and cremation. But must it always be that way?

Recently in Great Britain, corpses buried more than a century ago are being dug up and transferred into double-decker graves to make room for new occupants in otherwise full cemeteries. Legislation there allows for the consolidation of graves under special permits and subject to certain regulations. While the thought of exhuming corpses to create more burial space may sound disrespectful to some, the underlying issue is that land is a limited commodity.In reality, if every human being who ever lived on this earth were given his or her own burial plot, at some point the dead would crowd the living right off the earth.

Meanwhile, Japanese entrepreneurs are resorting to innovative tactics to deal with growing crematory queues, which result from Japan's aging population and increasing death rate. The Japanese funeral industry has not been able to meet the demand on the nation's crematories. As a result, one man opened a corpse hotel in Tokyo where up to eighteen deceased guests can wait in refrigerated coffins for their turn at the crematory. Although an innovative solution to the shortage of crematories in urban Japan, this hotel can hardly be the best solution the funeral industry can create.An alternative to consolidated graves and hotels for the dead exists: alkaline hydrolysis, the environmentally friendly alternative for corpse disposal.

Is it surprising that concern for the environment has led to a new method of corpse disposal? In a world filled with new ideas and evolving technologies, will alkaline hydrolysis soon rival the traditional methods of corpse disposal? All speculation aside, for those who are concerned about their environmental footprint, this new method of corpse disposal purports to ensure that even in death they can lessen their impact on the environment. However, some critics think a method that reduces a body to greenish-brown liquid and crumbly bones is disrespectful or even ghoulish, regardless of the purported environmental benefits.

This comment will review alkaline hydrolysis, the so-called “liquid cremation,” in light of the predominate methods of corpse disposal: burial and cremation. Part II will begin with an overview of the evolving perceptions of burial and cremation in Western society. Part III will introduce the emerging method of corpse disposal known as alkaline hydrolysis. Part IV will look at the seven states that have already approved the use of alkaline hydrolysis. Part V will look at the opposition to the process raised in Ohio and New Hampshire. Part VI will look at the states that, to varying degrees, have begun reviewing statutory language in light of alkaline hydrolysis. Part VII will discuss the state of corpse disposal in Texas and suggest lessons that Texas can learn from the states that have previously debated the propriety of alkaline hydrolysis. Finally, Part VIII will conclude that alkaline hydrolysis belongs alongside burial and cremation as an acceptable method for corpse disposal.

March 1, 2013 in Articles, Death Event Planning, Technology | Permalink | Comments (0) | TrackBack

February 17, 2013

Social Media After Death

FacebookAs I have previously discussed, there is a growing concern for managing social media assets after death. According to Mashable, if the deceased had a Facebook page his account profile can take one of four routes. One route is leaving the profile unaccessed and unreported letting the typical account activity continue. However, if the family discloses the death to Facebook, Facebook will change the deceased timeline to a 'memorial page.' Family members can also petition Facebook to deactivate the deceased's account. Last, access to a profile may be gained through either knowledge of the deceased's password or through a court order. Courts do not typically grant access to the profile accounts due to Facebook’s privacy policy.

For some Facebook has become a way to mourn their loved ones death. Nonetheless, others feel because there loved one is gone there is no reason to keep their profile up. Some grief therapists believe that leaving the social media page up can help ease some of the pain of losing a loved one. Other families seek clues or closure after the death of a loved one and ask for access to her Facebook page. Facebook’s policies and various state laws make the transfer of access to the profile after death unlikely.

Some Facebook users are planning what will happen to their online information postmortem. Different agencies such as Entrust.net and My Wonderful Life, can help people plan for what will happen to their digital assets after death. In fact, Facebook recently added an application allowing users to record a last wish then choose a 'trustee' to publish it when the person passes. 

See Stephanie Buck, How 1 Billion People are Coping with Death and Facebook, Mashable, Feb. 13, 2013.

February 17, 2013 in Death Event Planning, Technology | Permalink | Comments (1) | TrackBack

February 06, 2013

New Mind Mapping Software For Estate and Financial Planning

WillsA company by the name of MindGenius has released a new mind mapping software that some financial planners claim aides them in communicating with their client and identifying their goals. Furthermore, MindGenius also claims that there software can help show client the amount of work that their financial planner has done for them. Those at MindGenius argue that this creates transparency and provides an explanation to client's on why they are being charged. Furthermore, the minds at MindGenius insist that their product could also be used to help estate planning attorneys help their client's as well. If you would like to try this product, provided here is a link to more information, a short video that gives a glimpse of MindGenius at work, and a link to download a free 30-day trial.

February 6, 2013 in Estate Planning - Generally, Technology | Permalink | Comments (0) | TrackBack

January 05, 2013

Is the Kansas Sperm Donor Case A Lesson Against Do-It-Yourself Artificial Insemination

TrustsAs I have previously discussed, the State of Kansas claims that William Marotta should have to provide financial aid to a child that was conceived from the sperm that he donated to a lesbian couple. The state agency that deals with child support claimed that the contract Marrotta signed with the couple was not valid, which would have relieved of his duty to provide for the child, because the sperm donation and insemination were not performed by a licensed physician.

Some would argue that the problem for Marotta was largely self-inflicted, in that he is paying for his decision and the couple's decision to ignore Kansas law. Others would argue that the situation Marotta has found himself in is likely the product of financial considerations. The costs of following the proper procedure of self-insemination is expensive and many women choose to avoid doctors. Artifical Reproductive Technology (ART) can cost on average between $2,000 and $3,000, and is not covered by most health insurance providers. This means people seeking ART are looking for alternatives, such home insemination kits, that are much cheaper than the official option. The law here does not help either. Marotta and his attorney believe the law is most likely the product of a conservative state that is trying to maintain the traditional family by reducing the number of  the options that others have to become a parent in an alternative family.

Still, it is important to remember that do-it-yourself (DIY) options often result in these types of problems, regardless of whether it is a DIY will or trust or now DIY ART. According to MySA.com, "Corey Whelan, who runs workshops for lesbian couples interested in having children...said avoiding professionals is 'a buyer-beware proposition.'"

See John Hanna, Kan. Case Highlights Legal Issues For Sperm Donors, Nation/World, MySanAntonio, Jan. 4, 2013.

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention.  

January 5, 2013 in Current Affairs, Estate Planning - Generally, Technology, Web/Tech | Permalink | Comments (1) | TrackBack

Kansas Precedent on Sperm Donor Case

BabiesAs I have previously discussed, William Marotta donated sperm to a lesbian couple so that they could have a baby of their own. He also signed a contract with the two to ensure that he would be relieved of providing financially for the child. When of one of partners, Jennifer Schreiner, had financial difficulties caring for the child, she applied for welfare. The State of Kansas refused, arguing that the biological father should care for the child. Marotta contested those claims arguing that he signed a contract stating that he would not have to care for the child. The state agency that deals with child support claimed that the contract was not valid because the sperm donation and insemination were not performed by a licensed physician, pursuant to state law. 

There was a particular case that was decided in Kansas in 2007 that might provide some insight to the case. In that case, the Supreme Court of Kansas denied a sperm donor parental rights because there was no contractual arrangement between the donor and the mother granting him those rights. Marotta's attorney, Ben Swinnen, argued that this case could provide a defense because it appears that the court's past ruling runs contrary to the assertions the Department for Children and Families. Without a contract granting rights to Marotta, his attorney has argued that Marotta did not have parental rights or the financial obligations that would stem from those rights.

See Kevin Murphy, Child Support Claim Rankles Sperm Donor To Lesbian Couple, Yahoo!News, Jan. 2, 2013.

Special thanks to Jim Hartnett, Jr. (Partner, The Hartnett Law Firm) and Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.

January 5, 2013 in Current Events, Estate Planning - Generally, Technology, Web/Tech | Permalink | Comments (1) | TrackBack

January 04, 2013

Court Rulings on the Kansas Sperm Donor Case

BabiesAs I have previously discussed, William Marotta donated sperm to a lesbian couple so that they could have a baby of their own. He also signed a contract with the two to ensure that he would be relieved of providing financially for the child. When of one of partners, Jennifer Schreiner, had financial difficulties caring for the child, she applied for welfare. The State of Kansas refused, arguing that the biological father should care for the child. Marotta contested those claims arguing that he signed a contract stating that he would not have to care for the child. The state agency that deals with child support claimed that the contract was not valid because the sperm donation and insemination were not performed by a licensed physician, pursuant to state law. 

Courts across the country have somewhat already grappled with this issue. Typically, courts have held that where a man donates sperm and maintains a relationship with the child, he can be required to financially support the child through child support. In many of the cases, the sperm donor often sent aid to the mother and child and would sometimes be referred to as a "dad" or "papa". Recently, the State of Texas held that a police officer did not have to pay child support for a child he conceived with a woman he formerly knew by donating sperm to her. By the time that the suit was filed, the officer had already moved on with his life. In fact, the suit came as a bit of a shock to him. Whether this trend among the states will help Marotta remains to be seen.

See Isolde Raftery, Kansas Demands That Sperm Donor Pay Child Support, NBC News, Dec. 31, 2012.

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention. 

January 4, 2013 in Current Affairs, Estate Planning - Generally, Technology, Web/Tech | Permalink | Comments (0) | TrackBack

January 03, 2013

Marotta Claims Child Support Claim Is Politically Motivated

BabiesAs I have previously discussed, William Marotta donated sperm to a lesbian couple, and he signed a contract with the couple excluding him from future financial responsibilities for the child. When the couple fell on difficult financial times they applied for welfare to help take care of the 3-year-old child. The state agency that handles that matter argued that Marotta should have pay for child support and the contract he signed was invalid because the couple and him failed to follow the proper procedure for donating sperm.

Now, Marotta has acknowledged that the case does scare him because of the financial implications of litigating the case. Though the attorneys that took his case are charging him reduced rates, Marotta does not have much more money to send on the case. In fact, he is sure that he will soon not have the funds to pay for his legal fees. Marotta is upset with decision to release his name but only at the state for forcing Schreiner to surrender his name. He claims that the decision to pursue him is politically motivated given that the case involves several key issues, including same-sex rights, adoption, and sperm donor rights. Marotta's claim is based on the fact that Kansas is a Republican state. He further argues that the policy adopted the state agency is harmful because it prevents men from deciding to become sperm donors at all. If a person wants to help Marotta in his defense, they can donate to his Legal Defense Fund here.

See Tim Hrenchir, Topeka Sperm Donor: Child Support Case Politically Motivated, The Capital-Journal, Dec. 31, 2012.

Special thanks to  Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.

January 3, 2013 in Current Events, Estate Planning - Generally, Technology, Web/Tech | Permalink | Comments (0) | TrackBack

January 02, 2013

Sperm Donor Must Pay Child Support

BabiesThere is an old saying that states that "no good deed goes unpunished." Well, William Marotta is learning that lesson the hard way. The 43 year old Kansas man has been ordered by a Kansas court to pay child support for a child that he reared in a less than traditional manner. According to the Daily Dot, Marotta "thought he was doing a good deed three years ago when he donated his sperm to Angela Bauer and her partner Jennifer Schreiner." Marrotta apparently learned of the couple's desire to mother a baby together through the popular website Craigslist. The couple are currently foster and adoptive parents, but the couple wanted to actually get pregnant and have a child of their own. He responded to their ad, signed a contract with the couple, and donated his sperm. The contract that Marotta signed was suppose to waive his responsibility to provide future financial care to the conceived child. When Bauer could no longer work to support the children, Schreiner filed for welfare to benefit the now 3 year old child.

The Kansas Department of Children and Families determined that the baby's own biological father should pay child support, in lieu of the department paying welfare, and demanded to know the identity of the father. When Marotta contested that the department's claim based on the contract he signed, the department determined that the contract was not valid because the insemination of the donor sperm was not handled by a licensed physician, which is a requirement under Kansas law. Marotta is now challenging the ruling. His court date is scheduled for January 8, 2013.

See Kevin Morris, Man Forced To Pay Child Support After Donating Sperm on Craiglist, The Daily Dot, Jan. 1, 2013.

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention. 

January 2, 2013 in Current Events, Estate Planning - Generally, Technology, Web/Tech | Permalink | Comments (0) | TrackBack

December 12, 2012

Article on Posthumous Conception

Benjamin CarpenterBenjamin C. Carpenter (Assistant Professor of Law, University of St. Thomas School of Law) recently published an article entitled, Sex Post Facto: Advising Clients Regarding Posthumous Conception, ACTEC Journal (2013) (forthcoming). Provided below is the abstract from SSRN:

Apart from tax considerations, trust and estate law is often viewed by outsiders as a somewhat dusty area of the law. However, few examples better illustrate the intersection of law and technology than posthumous conception and estate law. While judges, legislators, and commentators have tackled some of the issues created by posthumous conception, few estate planning lawyers discuss the issue with their clients. Such hesitance has been understandable, given the moral sensitivities involved with posthumous conception and the relatively small likelihood that it will affect any one particular client. However, that likelihood is becoming greater with each passing year, and, in the context of grandchildren, the possibility of posthumously conceived children is out of the clients' control. Rather than ignoring this possibility and leaving the result to chance (or litigation), lawyers have the opportunity - if not the responsibility - to raise the issue with their clients and provide them the opportunity to express their intentions. Ultimately, whether to address the issue in an instrument is the client's choice, but she cannot make this choice if she is not made aware of the issue. With this Article, estate planning attorneys will have the background necessary to introduce the topic to clients, to educate clients about the technology itself, the legal responses to date, and their various options, and then to draft language to carry out the clients' intent - whatever it may be.

December 12, 2012 in Articles, Estate Planning - Generally, Technology | Permalink | Comments (0) | TrackBack

December 11, 2012

Aging Tool Helps People Plan For Retirement

RetirementThe executives at Bank of America's Merrill Edge program have started using an aging tool named Face Retirement to give people the opportunity to look at themselves in their old age. The reason that the company has started this is because they claim that it gives people the incentive to begin the process of retirement planning earlier than they would without seeing their older self. Their claim is based upon a finding discovered by researchers at Stanford University. The researchers concluded that those who exposed to their older selves were more likely to begin thinking about retirement and planning for it than those who were not exposed to the images. The tool performs other functions as well. The tool can also show a potential investor what prices will look like with inflation in the future. For example, the tool predicted that with inflation a loaf of bread will probably be worth $7.41 in the year 2047. Most importantly, the tool also predicts what a person will need at the age of retirement. 

See Margarida Correia, New Tool Helps Investors Face Retirement, Literally, Financial Planning, Dec. 6, 2012.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.

December 11, 2012 in Technology | Permalink | Comments (0) | TrackBack

December 08, 2012

Overly Attached Girlfriend Big Donor

Good GirlfriendProvided below is a link to a video from CNN about the Overly Attached Girlfriend. If you have not seen her videos, the Overly Attached Girlfriend is an internet meme about girl who is a little too attached to guy that she's infatuated with that obviously has no interest in her. The young woman who plays her, Laina (last name withheld), was shocked to discover how popular the videos she made portraying the Overly Attached Girlfriend have become. Since she created them, millions of people have seen her videos on Youtube that spoof popular pop songs. Laina changed the words to the songs so it appears as if the Overly Attached Girlfriend had written them. But Laina is more than just a pretty face with a crazy set of eyes, she is also big donor. Through her new found fame, Laina sought to raise money for charity and succeeded.

See 'Overly Attached Girlfriend' A Big Giver, CNN, Nov. 28, 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.

December 8, 2012 in Current Events, Technology | Permalink | Comments (0) | TrackBack

November 13, 2012

When Biology Outpaces the Law

TrustsIt is a known fact that reproductive technology has quickly outpaced the law and has created problems with determining who is the legal parent of a child, especially when it comes to posthumous conception. Artificial Insemination has made it possible that many individuals could be the legal parents of children created with the help of this technology. This has become a problem for estate planners because while the states have many laws that define "descendants" and "issues," it is still difficult to determine who would qualify for this status. Adoption, non-marital children, and children born to surrogates are also giving estate planners headaches, even though it is easy for technology to establish parenthood for these individuals.

Another issue that occurs is that the law on this matter is sometimes completely absent. Thankfully the state intestacy laws still exist, which can give estate planners a guide to plan around their state's respective inheritance laws. Thus, it is still important for an estate planning attorney to "specific what constitutes parentage, whether by adoption, within marriage or by artificial reproductive technology" within an estate plan. There are also several things that the estate planning attorney might want to consider when making an estate plan, such as:

See David Shayne and Sarah S. Butters, The Kids Are Fine, but Who Are the Parents?, Wealth Management, Nov. 6, 2012.

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

November 13, 2012 in Current Affairs, Estate Planning - Generally, Intestate Succession, Technology | Permalink | Comments (1) | TrackBack

October 11, 2012

New Wealth Advisor App

Images-21ACTEC recently released its free Wealth Advisor App for your iPad. Davis Brown Law Firm did a feature on the app that indicates you can use the app for the following purposes: 

See Davis, Brown, Koehn, Shors & Roberts, P.C., ACTEC Wealth Advisor: A New App For Your iPad, JDSupra, Oct. 10, 2012. 

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.

October 11, 2012 in Technology | Permalink | Comments (1) | TrackBack