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Columns by Lisa Proskin

Lisa and the Law

Opinion and insight on topical legal issues and events, published bi-weekly on Facebook.

I know I've written about this before, but it's certainly worth revisiting.

Did anyone ever tell you not to put anything in writing that you wouldn’t want published in the New York Times? Maybe it was some variation of that advice. My grandmother said that a lot. The idea was, if you put something in writing there was no question what was expressed. If spoken, the memory of the statement could be disputed — but if it was in writing, it was there forever.

Former American Idol contestant Caleb Flynn…

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I recently learned of a very sad story of a widow whose daughter and son-in-law took money from her. This happened a few weeks after her husband’s death, and the daughter and son-in-law claimed they were trying to help her. They presented her with some paperwork, which they said would allow them to assist her. They told her this was routine. She trusted them, signed the paperwork, and never had anyone else (including a lawyer) review it. A few weeks later, she learned…

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Jake Reiner, who's accused of murdering his father and mother, gave an interview recently complaining that he has not received any money from his trust. This is a trust that was set up by the parents he is accused of killing. I'm not privy to the exact terms of the trust, but can assume the reason he's not receiving funds is either a) because the wording of the trust explicitly prohibits distribution due to his alleged acts, or b) those alleged acts on their own prohibit…

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Recently, I was asked to go to a hospital to help someone with executing a Power of Attorney (yes, I occasionally make house calls!). Often, transfers to rehab facilities or nursing homes cannot take place without a POA in place. I got the information and put the paperwork together. I then drove to the hospital with my secretary, since I wanted to make sure we had a witness.

I sat at the person’s bedside…

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I just read about a notary who was charged criminally and lost his notary license. He notarized a document brought to him which was already signed. Notaries are supposed to identify the person and then watch them sign before they sign and notarize the document. Obviously, this was not done, as the document was already signed before the notary received it. In fact, the person who allegedly pre-signed the document was several states away when…

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I've been involved in several transactions involving parents or other relatives giving children or other members of the family money for a down payment to purchase a house. This is a wonderful idea, as it helps young people, who otherwise would not be able to afford it, get into a house. In such cases, I always ask a question that prompts hesitation: is this a gift or…

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