As the baby boomers grow older in the US, the volume of unwanted keepsakes and family heirlooms is likely to grow to incredible proportions. Simultaneously, there will be a growing number of delicate conversations between generations as to what to do with all the “stuff!” According to a 2014 United States census report, more than 20 percent of our population…
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A recent survey shows that only 52% of married couples will celebrate their 15th wedding anniversary. A marriage ends in only two ways, namely, divorce or death. The ownership and control of a family business are jeopardized when family business assets are owned by a deceased family member or are owned by a party to a divorce. While another survey…
CMS (Centers for Medicare & Medicaid Services) has proposed new rules which would reverse Obama administration rules banning pre-dispute binding arbitration provisions for long-term care facility (nursing home) contracts. The new rule would allow binding arbitration provisions as a condition of admission with minimal requirements. The provisions in nursing home contracts were prohibited as a condition of admission due to…
Tim Warner, Chairman of the Litigation Group at Cavitch, a practicing mediator and arbitrator and a litigator for almost twenty five years, was recently published in the Cleveland Metropolitan Bar Journal in the July/August 2017 edition. Tim’s article, “Mediation Advocacy for Litigators,” delivers a step by step approach for litigators to follow in order to achieve the goal of mediation;…
In most cases an IRA account inherited by a child from a parent can currently continue to be held in a tax-free state, except that the child will be required to take required minimum distributions over their lifetime. This can allow significant tax savings to those inheriting IRA and retirement assets. Brewing in the US Senate is a bill favorably…
Until last December, a person who wanted to create a special needs trust with their own funds couldn’t set it up themselves. Instead they had to have the trust created by a parent, grandparent, guardian, or court. Too often with disabled adults, a parent or grandparent were not available, and court action would have to be instituted to create the…
The Obama-era MyRA program was designed for those who didn’t have access to a 401(K) or other retirement plan at work. The Treasury Department is terminating the program, according to the New York Times. The US Treasurer said in a statement that demand for the accounts was not high enough to justify the expense. The myRA program has cost $70…
Parties may consider Non-Administered Arbitration (“NAA”) to resolve their next dispute. NAA is an informal dispute resolution process designed to proceed without the involvement of a separate administrating entity such as the American Arbitration Association. Instead of a separate administering entity, the parties, and the arbitrator chosen by the parties, administer the proceedings. Rules for Non-Administered, Self-Administered, or Ad Hoc…
Online System Changes How Employees Initiate Discrimination & Harassment Claims The U.S. Equal Employment Opportunity Commission (“EEOC”) has launched a new Online Inquiry and Appointment System. This system will permit electronic inquiries and requests for intake interviews. Previously, such inquiries and requests were done in person, through regular mail, or by telephone. The EEOC is launching this system in five…
