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Undue Influence and Vulnerable Adults

Authors
Sandra D Glazier, Thomas M Dixon, & Thomas F Sweeney

Undue Influence and Vulnerable Adults

About The Book

Undue influence is a form of financial abuse of the elderly, with the large number of reported cases just the tip of the iceberg. This valuable and practical legal resource provides a broad understanding of all aspects undue influence, from how to identify it, plan for its possibility, litigate it, and address issues related to it. See Table of Contents under the “Read More” section.

Undue Influence and Vulnerable Adults also helps readers understand the options and potential consequences of proactive waivers and permissions for release of information as well as the potential importance of being able to initiate contact with family or other trusted advisors when concerns about capacity and/or undue influence subsequently arise. 

Table of Contents

Preamble
Introduction
Chapter 1: Ethical Considerations When Representing Vulnerable Adults
Chapter 2: To Understand Undue Influence, One Needs to Understand Capacity
Chapter 3: What Is Undue Influence?
Chapter 4: Evidence of Undue Influence
Chapter 5: Fraud and Duress Are Different Than Undue Influence
Chapter 6: The Presumption of Undue Influence
Chapter 7: Rebutting the Presumption
Chapter 8: No-Contest Clauses and the Importance of Probable Cause
Chapter 9: A Litigation Perspective
Chapter 10: Using Experts and Understanding the Medical Evidence
Chapter 11: The Attorney-Client Privilege
Chapter 12: Video Recording, Electronic Wills, and Remote Witnessing and Notarization
Index

Chapters

Pages

Also from the Section of Real Property, Trust & Estate Law

Taxation and Funding of Nonqualified Deferred Compensation: A Complete Guide to Design and Implementation

Fourth Edition

Authors
Marla J Aspinwall, Michael Gerald Goldstein, & Megan Stombock

Taxation and Funding of Nonqualified Deferred Compensation: A Complete Guide to Design and Implementation, Fourth Edition

About The Book

Understand and use deferred compensation plans for your clients. This expanded edition explains how NQDC offers solutions to complex compensation issues and provides information on key topics, defining the perspective of both the employee and employer in using this planning tool.

This updated and expanded edition of Taxation and Funding of Nonqualified Deferred Compensation is a complete and current resource for using this extremely flexible planning device to best address your client’s financial goals. 

Table of Contents

Chapter I—Introduction to NQDC As a Problem Solver
Chapter II—Tax Consequences of NQDC For the Employer
Chapter III—Income Tax Consequences of NQDC For the Employee
Chapter IV— NQDC And FICA And Other Payroll Taxes
Chapter V—Tax Consequences of Death Benefits Paid Under Nqdc Plans
Chapter VI—ERISA And NQDC
Chapter VII—Employee Risk; Rabbi Trusts and Other Risk-Reduction Devices
Chapter VIII—“Informal Financing” Of NQDC Plans
Chapter IX—Tax-Exempt Organizations and NQDC Planning
Chapter X—Pass-Through Entities and NQDC Plans
Chapter XI—State Taxation: The Source Tax Law
Chapter XII— NQDC In Connection with Other Plans; Split-Dollar
Chapter XIII—The Impact of NQDC On Social Security Benefits
Chapter XIV—Financial Accounting
Chapter XV—Securities Laws And NQDC

Chapters

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