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February 26, 2010
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Probate Law News

 

Swanson Files Suit Against American Family Legal Plan And Heritage Marketing And Insurance Services

Attorney General Lori Swanson today filed a lawsuit against two California companies, American Family Legal Plan and Heritage Marketing and Insurance Services, Inc., for operating a “trust mill” that preys upon Minnesota senior citizens.

Swanson said that American Family Legal Plan initiates a “trust mill” scheme through a direct mailing to senior citizens, telling them that the company has special expertise in estate planning and can advise clients on how to avoid estate taxes and probate fees. If the senior citizen responds positively, Swanson said an agent posing as an estate planner meets the senior citizen at home and sells the person a plan for $2,000 or more. Swanson said that during this meeting, the agent will distort and misrepresent the impact of probate fees and estate taxes, causing the senior citizen to buy the trust out of fear that their heirs will lose the estate.

“These companies deceptively sold boilerplate living trusts to senior citizens regardless of whether those trusts were suitable for the seniors’ estate planning or financial needs,” Swanson said.

Swanson said the first half of the profit scheme is the “trust mill.” After the first meeting with an agent, the senior receives one short telephone call from an attorney who asks very general questions. Thereafter, regardless of the senior’s assets, marital status, existing estate plan, or the likely tax or probate liability, the attorney approves the use of a boilerplate “living trust” for the client. The attorney does not have a personal meeting with the senior, nor does the attorney ask specific estate-related questions. American Family Legal Plan agents receive a commission of approximately $600-$800 for each living trust sold. Read more at ag.state.mn.us.

 

 

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Did You Know?    
 
 
You May Be Able To Avoid Probate
A living trust is one way someone may be able to eliminate the need for probate. This trust holds legal title to your property after your death and will survive you after your death. Always consult a probate lawyer first.

 


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Latest news about probate cases in New Jersey and nationwide:

Lake Worth Tax Return Preparer Convicted On Tax Fraud, Contempt Charges
R. Alexander Acosta, United States Attorney for the Southern District of Florida, Eileen J. O’Connor, Assistant Attorney General for the Justice De...
Read more >


Swanson Files Suit Against American Family Legal Plan And Heritage Marketing And Insurance Services
Attorney General Lori Swanson today filed a lawsuit against two California companies, American Family Legal Plan and Heritage Marketing and Insuran...
Read more >


Aging Services Schedules Georgia Public Guardians Training
Volunteers interested in becoming legal guardians for vulnerable adults will have the opportunity to attend an informational session in Albany, Feb...
Read more >


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Probate Terms

 
 


Today's Terms

Estate

Definition:
All of the property owned by a person, including real estate and personal property.

Property

Definition:
The money a person has and the things a person owns.

Payable on death account (POD)

Definition:
An account, such as a bank account, that is handed over to a specified person upon another person's death.

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Probate Hot Topics

 


Topics Related to Probate:

  • Probate Court
  • Last Will and Testament
  • Living Will
  • Power of Attorney
  • Trust Planning
  • Asset Protection
  • Special Needs Trusts

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New Jersey Probate Attorney

 
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  • Absecon
  • Asbury Park
  • Atlantic City
  • Bayonne
  • Blackwood
  • Bloomfield
  • Brick
  • Bridgeton
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  • Clementon
  • Clifton
  • East Brunswick
  • East Orange
  • Edison
  • Elizabeth
  • Englishtown
  • Fort Lee
  • Freehold
  • Hackensack
  • Hoboken
  • Howell
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  • Jersey City
  • Kearny
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  • Linden
  • Marlton
  • Millville
  • Monroe Township
  • Morristown
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  • Newark
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  • North Brunswick
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  • Passaic
  • Paterson
  • Perth Amboy
  • Piscataway
  • Plainfield
  • Princeton
  • Sewell
  • Somerset
  • Teaneck
  • Toms River
  • Trenton
  • Union
  • Vineland
  • Wayne


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