by SAMUEL B. LEDWITZ, J.D., LL.M. | Last updated Feb 22, 2023 | I.R.S., Living Trusts, Samuel B. Ledwitz, Taxes, Trusts
In their never-ending pursuit with finding new ways to scare and defraud honest taxpayers, criminals are now employing a new scam. This one involves reaching out to citizens (either by telephone or via the internet), identifying themselves as I.R.S. agents, and making baseless criminal allegations demanding immediate payment of taxes owed. Once more, many scammers have been able to modify Caller I.D. readouts and in using the official federal agency’s logo embedded within their fraudulent emails in order to pull off this deception. This trick is currently being carried out across the United States, and has needlessly stressed out and swindled a large number of middle class families and retirees. According to the Internal Revenue Service, agents do not initially contact taxpayers either by phone or by email regarding a tax matter. Instead, residents are first notified by regular mail. Only after someone has been formally contacted by traditional methods do they confer electronically. If you or a loved one receives any type of phone call or email like this, the first step in taking action is to contact your local I.R.S. field office. Their number can be found in the white pages, or online. Second, you can notify the U.S. Treasury Inspectors at (800) 366-4484 and provide them with as much relevant information as you can. Another option to take in fighting back is to simply email: phishing@irs.gov and copy/paste the suspect email message. Lastly, the I.R.S. recommends that you also contact the Federal Trade Commission and activate a consumer complaint by filing an “I.R.S. telephone scam” report. Their main website is:... by Bezaire, Ledwitz & Associates, APC | Last updated Feb 22, 2023 | Advance Health Care Directive, Conservatorships, Estate Administration, Estate Planning, Executor, HIPAA, Trusts, Undue Influence, Wills
Beloved radio personality Casey Kasem passed away last Sunday, leaving behind a media legacy and some eye-opening lessons regarding end-of-life/estate planning. Read... by Bezaire, Ledwitz & Associates, APC | Last updated Feb 22, 2023 | Undue Influence, Weekly Update
[wp_lightbox_prettyPhoto_video link=”https://vimeo.com/57999385″ description=”Undue Influence” source=”https://smartestateplans.com/wp-content/uploads/2014/05/ui.png” title=”Undue Influence”] In this week’s edition of Estate Planning News, we’re highlighting legislative changes affecting an important elder law offense: Undue Influence. As the selected pieces linked below point out, the key features of this law change is broadening the class of people who are able to commit the offense and the time frame when it can occur. Under previous iterations of the statute, undue influence was limited to testamentary actions (such as gifts in a will or trust), and required a specialized relationship between the elder and the abuser. The new version of the law accounts for actions that steer seniors toward parting with their property during their lifetimes, even without a confidential relationship being present. Read the articles to learn more! Bill Text – Assembly Bill No. 140 CHAPTER 668 Existing law provides that financial abuse of an elder or dependent adult occurs when, among other instances, a person or entity takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined. Read More at http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB140 Estate Planning: Financial elder abuse and undue influence DENNIS FORDHAM On Jan. 1, 2014, California amended its statutory definition of “undue influence” in section 15610.70 of the Welfare and Institutions Code. This new definition of “undue influence” applies both to “financial elder abuse” that affects the victim while alive and also to undue influence that affect the victim’s “testamentary dispositions” after death. Read More at...