Category Archives: Guardianship/Conservatorship

Estate Planning for H-1B Workers: Part 1 – If my child is born here, is he a US Citizen?

baby-710360_1280Many people who are highly educated citizens of foreign nations come to work in the United States on a temporary basis on H-1B visas.  The H-1B visa allows an individual from another country with at least a bachelor’s degree (or significant experience) to come to work here in the United States in a “specialty occupation.”

The question has come up as to the citizenship of a child born here while the parents are technically only present here temporarily for work. Continue reading Estate Planning for H-1B Workers: Part 1 – If my child is born here, is he a US Citizen?

Why your 18 year old needs a power of attorney.

I covered this in an earlier post, but I was just speaking to a friend this morning about it and thought I would share it again.  Click here to read why your adult child desperately needs to have a medical power of attorney.

Stay Tuned.

Rob Malin

When the Estate Plan Goes South: Fiduciary Litigation – Beneficiary versus Trustee.

fiduciary litigationI know you have been hanging on my every word.  I know that you have been wondering what could I possibly be up to that is so important that I don’t have time for you.   I’m sorry.  I never intended to neglect you.  My only excuse is that litigation is taking up more and more of my time.

But Rob, I thought you were an estate planner!  What are you doing in litigation?   That’s an excellent question.

The answer is: Fiduciary Litigation.

What is Fiduciary Litigation you ask?  Another great question.

Well, lets start with what a fiduciary is.   Continue reading When the Estate Plan Goes South: Fiduciary Litigation – Beneficiary versus Trustee.

Wrong Ruling in Lorenzen Wright Case? Appeals Court Rules that Lower Court had no Authority to Investigate Ex-Wife’s $1 Million Apparent Misappropriation

Update: According to the Commercial Appeal, a court is contemplating removing Sherra Wright as Trustee of the Insurance Proceeds Trust (the article does not relate which, but I expect that it is the Circuit Court).  Click here to read more.

In an opinion dated March 27, 2014, the Tennessee Court of Appeals ruled that a Probate Court Judge exceeded his authority when he appointed an attorney (known as a Guardian ad litem) to investigate how Sherra Wright spent the nearly $1 million dollars that she was in charge of for the benefit of Lorenzen Wright’s children.

This particular proceeding was the latest in a series of cases involving the children and their inheritance from their father, Lorenzen Wright.

In this proceeding, Sherra Wright (the mother of Lorenzen Wright’s children) and Herbert Wright (Lorenzen Wright’s father, and the grandfather of the children) fought Continue reading Wrong Ruling in Lorenzen Wright Case? Appeals Court Rules that Lower Court had no Authority to Investigate Ex-Wife’s $1 Million Apparent Misappropriation

Mammas Don’t Let Your Babies Grow Up…

. . . without naming you on a medical power of attorney!

Alright.  I know.  That was bad.  However, if you keep up with my blog you will soon learn that I love bad puns.  Now that I have gotten that out-of-the-way. . .

If your adult kids (over 18) don’t do any other estate planning, they should name you as their agent under a medical power of attorney.

Click your state to find state approved forms: Tennessee, Mississippi, and Arkansas.

When your kids are minors you as their parent and natural guardian make their personal and medical decisions for them.  However, as soon as they reach adulthood they are presumed to be able to make their decisions.  Likewise, when they turn 18 (if they do not have a medical power of attorney), neither you nor anybody else can step in to make their decisions if something happens to them.

Continue reading Mammas Don’t Let Your Babies Grow Up…