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May 16, 2012

Jackson Holahan: The Aleppo Codex
Jonathan Tobin : Iran Declares Victory in Nuclear Talks
Anne Kates Smith: 7 Stocks That Let You Sleep Tight
Carmen Terzic, M.D., Ph.D. : Mayo Clinic Medical Edge: A variety of exercises can help improve balance
Melissa Healy: National strategy on Alzheimer's disease aims to halt it by 2025
The Kosher Gourmet by Joyce White : GOODNESS GRACIOUS: GREENS! 4 winning recipes that are no longer just for down-home folks (Includes expert tips & techniques)
May 15, 2012
Dennis Prager: God and Man at (and for) Liberty
Kristen Chick: Obama administration resumes arms sales to Bahrain despite serious unresolved human rights issues. Activists feel abandoned
Pat Mertz Esswein: Homes are now affordable again and mortgage rates are low. What you need to know before you buy
Kathy Kristof: Our Practical Investor Fights Inflation with These 6 Investments
Sue Hubbard, M.D.: The Kid's Doctor: Lactose intolerant young child? Check again
Environmental Nutrition Editors: Get the facts on palm sugar sweetening
The Kosher Gourmet by Kathy Hunt: Spread a Little Excitement with EXOTIC CONDIMENTS (4 RECIPES)
May 14, 2012
Richard Simon: Purple Hearts for domestic terror victims?
Nando Pelusi, Ph.D.: The privacy paradox: Surrounded by strangers, we risk isolation, anxiety
Chris Farrell: Investing Lessons from the Great Recession
Lisa Gerstner: How to Protect Your Identity, Finances If You Lose Your Phone
Harvard Health Letters: Heart disease and dementia
Tiffany O'Callaghan: New hormone mimics effects of exercise without the sweat
The Kosher Gourmet by Megan Gordon: MANGO COCONUT OAT MORNING MUFFINS are a bright but hearty delight
May 11, 2012
Rabbi B. Shafier: Why happiness will always be elusive
Charles Krauthammer: Echoes of '67: Israel unites
Howard LaFranchi: With G8 snub, US-Putin 'reset' off to stumbling start
Jeremy J. Siegel: Investors, Relax About Rising Interest Rates
Jessica L. Anderson: Get the Best Deal on a Used Car
Jett Stone: Forget face-lifts and fake knees. Scientists have seen the fountain of youth --- and it's broccoli
The Kosher Gourmet by Chef Mario Batali: The famed chef's vegetable dish that tastes true to the season: FAVAS AND SUGAR SNAP PEAS WITH POTATOES AND TARRAGON
May 10, 2012
Clifford D. May: The Real Palestinian Refugee Problem
Sergei L. Loiko: Putin sends warning to U.S., NATO in Victory Day speech at Red Square
Mary Rourke: How being a 'mentch' got Vidal Sasoon his start and fighting in Israel's War of Independence provided him with confidence and a strong sense of his own identity
Harvard Health Letters: Palliative care: Underused therapy yields surprising benefits
Jeff Bertolucci: Get Home Phone Service for Less Than $10 a Month
Rachel L. Sheedy and Susan B. Garland : Make the Right Moves to Boost Benefits
The Kosher Gourmet by Betty Rosbottom: Gleaming with its golden, crimson, and snowy white hues, this silken smooth and creamy STRAWBERRY ORANGE TRIFLE looks impressive, but is easy to prepare
May 9, 2012
John Rosemond: Parents, stop destroying the American male
Valerie J. Nelson: Maurice Sendak, author of 'Where the Wild Things Are,' dies at 83
Bob Frick: Angst Over Annuities
Sharon Palmer, R.D. How you can reduce your risk -- or delay -- chronic diseases associated with aging
Howard LeWine, M.D.: Ask the Harvard Experts: Why did my blood pressure suddenly shoot up?
Lisa Gerstner: Lower the Rate on All Your Loans
The Kosher Gourmet by Emily Ho : Springtime soba with miso sauce offers a coloful mix of fresh textures and flavors
May 8, 2012
Edmund Sanders: Netanyahu suddenly cancels new elections, forms unity government
Frank J. Gaffney Jr.: Farewell to European superstate
Anne Kates Smith: 4 Stocks That Mimic Buffett and Berkshire Hathaway
Gaia Vince and Clare Wilson The Rise of Miniature Medical Robots: Fantasy Fast Becoming Reality
Paul Takahashi, M.D.: Mayo Clinic Medical Edge: Never suffer night leg cramps
Jessica L. Anderson: Extended-Warranty Warning
The Kosher Gourmet by Diane Rossen Worthington: Celebrate National Chocolate Chip Day with the Best Cookie Ever (Includes techniques)
May 7, 2012
Mark Clayton: Homeland Security warns major cyber attack aimed at gas pipeline industry underway
Angus Roxburgh: Putin Decoded: World view of a Russian feeling dissed
Kimberly Lankford: Navigate a Course for Long-Term Care
Kevin McCormally How to Adjust Your Tax Withholding
Celeste Robb-Nicholson, M.D.: Harvard Health Letters: How do you treat a Baker's cyst?
Joanne Capano: Healthy Snacks for Children: The Choices May Surprise You
The Kosher Gourmet by Penelope Wall: Classic Creamy Spinach Dip with a Fraction of the Calories and Fat
May 4, 2012
Rabbi Nathan Lopes Cardozo: Holy 'trivialities'
Jonathan Tobin: Bibi v. Barak will be no contest this time around
Steven Goldberg: Blue Chip Stocks On Sale Worldwide
Art Pine Slow Productivity Growth a Blessing --- For Now
Sue Hubbard, M.D. : The Kid's Doctor: Are Kids Too Wired?
Kerri-Ann Jennings, M.S., R.D: Foods that are good for your smile
Amy Paturel, M.S., M.P.H.: Eating Well: Foods that are good for your smile
The Kosher Gourmet by Betty Rosbottom: Strawberry rhubarb parfaits are elegant yet simple to assemble
May 3, 2012
Michael Freund: Who's Afraid of the Messiah?
Clifford D. May: The Foggiest War
Susan B. Garland: Insurance to Cover Old Old Age
Steven Goldberg 6 Reasons to Bet on a Big Bull Market
Harvard Health Letters: Treating prostate cancer --- no rush to judgment
Larry Gordon: Harvard, MIT partner to offer free online courses
Naomi Nix : Man gets free trip to Chicago after postcard sent by mother in 1957 finally reaches him
The Kosher Gourmet by Diane Rossen Worthington: Intensely Italian vegetable frittata is a seriously simple standby
May 2, 2012
Daniel Pipes and Steve Emerson : Chris Christie's Islam Problem
Richard Z. Chesnoff: A Nazi collaborator at the Met
Thomas M. Anderson: The Best 529 College-Savings Plans
Harvard Special Report: Fatigue is a symptom of numerous illnesses
Amy Paturel, M.S., M.P.H.: What to eat for a healthy heart and mind


Jewish World Review Jan. 11, 2006 / 11 Teves, 5766

Poor planning leaves children suffering stepdad's financial ‘abuse’

By Jan L. Warner & Jan Collins


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http://www.JewishWorldReview.com | Q: After my mother's death, when it came time to sort out her estate and will under which my brother and I are the sole beneficiaries, we learned for the first time that, during the last years of her life, Mom's husband of 10 years — who has two children of his own — used our mother's power of attorney to gain access to her assets and income. This was a second marriage, and over the last few years, we felt as if he was keeping her away from us, but Mom assured us we were imagining things.


According to his story, the funds and assets Mom meant for my brother and me under her will were used to pay for her medical care and their joint living expenses. We believe our stepfather chose not to use any of his assets or income or any of the property, which had been set aside for him under the premarital agreement he and my mother signed. We firmly believe that our stepfather used funds that would have belonged to my brother and me, made gifts to his children, and otherwise diverted Mom's assets to preserve his own.


We talked to a lawyer, who told us that since our mother's power of attorney was so broad, our stepfather could have done practically anything with the money without making an accounting. He also told us that although our stepfather could not steal or act fraudulently, we must prove what we think he did. The problem is that we can't get any of our mother's financial records. The representative of her estate, who is a friend of Mom's husband, won't try to get records from him, and will not even get copies of the tax returns for the year in which Mom died. At our request, he made only a hasty review of withdrawals from her accounts, and performed no audit of medical bills and insurance reimbursements. He says that my brother and I cannot get copies of any of these records due to privacy laws — even though we are the ultimate beneficiaries under our mother's will.


Because our mother's estate was depleted, the lawyer suggests we just put it all behind us rather than run up large legal fees. We are devastated emotionally and financially because our father left Mom in good shape financially. Is the law such that a devious stepparent can walk away with everything, or do we have rights to ensure that family assets are passed on in accordance with our parents' wishes?


A: Your question raises a number of difficult issues that confront elderly people who enter into second marriages. Despite what one might believe are the best plans, many intra-family problems such as yours will happen unless they are meticulously addressed in advance with appropriate documents that clearly state the intentions of the individuals involved.


First, go to your father's estate records and find out exactly what he left your mother. This is a good starting point.


Second, read the premarital agreement to see what your mother and stepfather agreed to. If you and your brother were the sole beneficiaries under your mother's will, we bet dollars to doughnuts that in return Second, read the premarital agreement to see what your mother and stepfather agreed to. If you and your brother were the sole beneficiaries under your mother's will, we bet dollars to doughnuts that in return for the transfer of assets to your stepfather to which you refer, he probably waived his rights to share in her estate. In addition, we assume that there may have been provisions about support, including who was to pay what and for the transfer of assets to your stepfather to which you refer, he probably waived his rights to share in her estate. In addition, we assume that there may have been provisions about support, including who was to pay what and from what source.


Third, carefully review the wording of the power of attorney to find out exactly what authority your mother gave your stepfather, because if the powers are not sufficiently specific to cover what you think your stepfather did, he may have overstepped his authority.


Fourth, according to the law of most states, a general power of attorney does not automatically include the authority of an agent (your stepfather) to make gifts to himself using the principal's (your mother's) assets unless specifically provided for in the document. Since the Internal Revenue Service uses this legal principal to require the return of improperly "gifted" funds to an estate for the purposes of calculating the estate tax, as beneficiaries who feel there was an abuse, we believe that you should insist on an accounting and attempt to compel the personal representative to do his job and have the funds returned to the estate.


Fifth, as a fiduciary for your mother, your stepfather was bound not to enter into transactions that benefited him to your mother's detriment. This is especially true if your mother was vulnerable or unduly influenced, as you seem to think.


Unfortunately, much of the information you seek will not be available unless you bring some type of lawsuit. Where there is smoke, there may well be fire, so tread carefully and circumspectly. We don't believe that second spouses should be placed in positions of fiduciary responsibility where, as here, there was a premarital agreement that created a conflict of interest. We also believe that had your mother and father engaged in appropriate planning, including reciprocal documents and perhaps trusts, your current situation could have been avoided.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.

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