More and more Americans are faced with the prospect of outliving their resources and rely on Medicaid to bridge the gap between expensive long-term health care and dwindling personal assets. Eligibility for Medicaid assistance, however, requires that an applicant's...
PLDO Law Blog
Trust & Estate Law
Trust Beneficiary Lacks Standing to Sue for Breach of Contract Calling for Trust to be Funded
On April 20, 2017, the Supreme Court issued a decision in Glassie v. Doucette, No. 2014-108-Appeal (R.I. 2017), holding that a Trust beneficiary lacked standing to sue as a third party intended beneficiary of a contract which called for the creation and funding of the...
Proposed 2704 Regulations May Have Substantial Impact on Estate Planning
Proposed 2704 Regulations, as they are now drafted, would make vast and substantial changes to the valuation of interests in many family-controlled entities, such as a Family Limited Partnership (FLP) or Limited Liability Company (LLC), for purposes of estate, gift,...
Be Wary of Tax Laws Concerning IRAs
This past June, the IRS issued a Private Letter Ruling (201623001) which impacts surviving spouses in community property states. The decedent and the surviving spouse were married in 2004 and lived in a community property state. They had a son, whom the decedent named...
IS 2021 THE YEAR FOR RHODE ISLAND? SMOKE SIGNALS POINT TO CANNABIS ADULT USE LICENSING
In 2017, the State of Rhode Island expanded its medical marijuana program by creating a licensing process for the cultivation and manufacturing of cannabis and cannabis products for sale at the State’s three sanctioned compassion centers. By all accounts – industry...
A “NATURAL DISASTER” – THE PANDEMIC’S IMPACT ON CONTRACTS
Early in the COVID-19 pandemic, we wrote about the legal concept of “force majeure” clauses found in some business contracts. A force majeure clause excuses a party from performing its obligations under a contract based upon some unforeseen and serious event such as a...
IMPORTANCE OF CORPORATE GOVERNANCE DURING THE PANDEMIC
It is widely recognized that the system of corporate governance is a key approach to preserving and protecting an enterprise and its stakeholders by checks and balances among the board and officers of a corporation. Strong governance policies make it possible to...
IS 2021 THE YEAR FOR RHODE ISLAND? SMOKE SIGNALS POINT TO CANNABIS ADULT USE LICENSING
In 2017, the State of Rhode Island expanded its medical marijuana program by creating a licensing process for the cultivation and manufacturing of cannabis and cannabis products for sale at the State’s three sanctioned compassion centers. By all accounts – industry...
Cyber Security in a COVID-19 World
A recently published article by the Harvard Law School Forum provides valuable insight to the multiple challenges being faced due to the pandemic. Although businesses have readily discussed the actions to be taken in the event of a pandemic, the scope of challenges...
