THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700


S U M M A R Y


DIARY: November 5, 1999 09:00 AM Friday; Rod Welch

Meeting on family estate planning for Kathleen and Bob.

1...Summary/Objective
2...Counsel Advised Family on Estate Planning and Medicare Application

ACTION ITEMS.................. Click here to comment!

1...She will review the record in finalizing advice in the period ahead.
2...Madeline will submit to me the computer file of the letter via email,
3...If Dick has any questions he can call Madeline???

CONTACTS 
0202 - Murphy, McNay, Davis Law Offices     916 446 6462                                                                                                                  O-00000726 0103
020201 - Ms. Madeline Davis, Esq.                                                                                                                                         O-00000726 0103
020202 - mkdavis@m-mlaw.com                                                                                                                                               O-00000726 0103

SUBJECTS
Kathleen and Bob

0403 -    ..
0404 - Summary/Objective
0405 -
040501 - Follow up ref SDS 22 0000, ref SDS 19 0000.
040502 -
040503 - Since surgeon asked Kathleen to meet this morning at the hospital,
040504 - Patty attended the meeting on estate planning.  Counsel reviewed
040505 - family documentation submitted by Patty during the meeting, and made
040506 - recommendations to protect Bob's rights to file for medicare
040507 - disability coverage.  She submitted letters on actions yesterday, and
040508 - will send a letter confirming advice today. Patty was also given a
040509 - services agreement letter on counsel's fees.  Counsel provided
040510 - referral for medicare filing support.
040511 -
040512 -
040513 -
040514 -
0406 -
0407 -
0408 - Discussion
0409 -
040901 -  ..
040902 - Counsel Advised Family on Estate Planning and Medicare Application
040903 -
040904 - Madeline advised that she received the fax of the letter, ref DIP 9
040905 - 0001, and linked records for 991102 and 991104, per telecon this
040906 - morning. ref SDS 21 4134
040907 -
040908 - Madeline has not yet read the record, but is generally aware of the
040909 - contents from our discussion this morning. ref SDS 21 8066
040910 -
040911 - She will review the record in finalizing advice in the period ahead.
040912 - ..
040913 - She has given Patty a letter addressed to Bob and Kathleen that
040914 - confirms the work yesterday, ref SDS 19 3036, and that she recommends
040915 - a follow up meeting with Bob and Kathleen after he recovers from
040916 - surgery next week or as soon as possible.
040917 -
040918 - Madeline will submit to me the computer file of the letter via email,
040919 - when she returns next week.
040920 -
040921 - Madeline submitted a second letter to Patty for delivery to Kathleen
040922 - and Bob on fee schedule for legal work by MMD.
040923 - ..
040924 - Madeline has concluded from preliminary review of the documents
040925 - Patty delivered this morning that all of the assets of the inheritance
040926 - are Bob's sole property, which will pass to Kathleen upon his demise.
040927 - (see question 1 below, ref SDS 0 0540)
040928 - ..
040929 - She has written a third letter to Kathleen and Bob advising that
040930 - no distribution of family assets should occur, including from
040931 - inheritance, until determination is made on retroactive eligibility
040932 - for medicare coverage due to disability, based on the record from
040933 - 991103. ref SDS 17 4866
040934 -
040935 -    [In another record Patty advised her dad of counsel's
040936 -    recommendation. ref SDS 21 4292]
040937 -
040938 -    [On 991107 family received letter from CMISP demanding audit of
040939 -    assets in connection with payment of medical expenses. ref SDS 23
040940 -    4866]
040941 -
040942 - We reviewed following issues...
040943 -        ..
040944 -    1.  What duties and entitlements arise from the documents
040945 -        Patty submits today on behalf of Bob and Kathleen, with respect
040946 -        to management of family assets, including inheritance?
040947 -
040948 -        Who is responsible for what?
040949 -
040950 -        What demands can Dick make, if any?
040951 -
040952 -        (see discussion above. ref SDS 0 2538)
040953 -
040954 -    2.  If Dick dies before Bob, what obligations arise on allocation
040955 -        of remaining inheritance assets?
040956 -
040957 -        Do the documents support a finding that Dick's estate would
040958 -        include any portion of inheritance assets?
040959 -
040960 -        (It initially appears not, per above. ref SDS 0 2538)
040961 -
040962 -    3.  If Bob dies before Dick, what entitlements arise from the
040963 -        inheritance assets?
040964 -
040965 -        Who is responsible for managing the inheritance assets?
040966 -
040967 -        (Initially appears that Kathleen is sole beneficiary.
040968 -        ref SDS 0 2538)
040969 -
040970 -    4.  If there was a pattern and practice of distributing nominal
040971 -        amounts of inheritance assets, is this grounds to continue that
040972 -        practice as the sole requirement to meet obligations of Bob's
040973 -        fiduciary responsibility, if any?
040974 -
040975 -        (Initially counsel advises distributions should be deferred
040976 -        until Bob recovers enough to meet with counsel again, and
040977 -        medicare eligibility is determined. ref SDS 0 3698)
040978 -
040979 -
040980 - Madeline feels these issues have been considered this morning, and
040981 - there will be continuing review, as reflected in the letters to the
040982 - family submitted today.
040983 -
040984 -
040985 - ..
040986 - Strategy --
040987 -
040988 -    Dick needs to be informed about Bob's condition, so he can meet
040989 -    with his brother as soon as possible, since Bob can pass away at
040990 -    any time now.
040991 -
040992 -        [In another record provide talking points for calling Dick.
040993 -        ref SDS 21 0900]
040994 -
040995 -       Madeline has not contacted Dick, because his address is not
040996 -       available this morning.
040997 -
040998 -       Patty will do this later today, per discussion this morning?
040999 -       ref SDS 22 0432
041000 -
041001 -       If Dick has any questions he can call Madeline???
041002 -
041003 -    The estate planning lawyer advised that distribution of all funds
041004 -    be deferred until a review is made of family assets and medicare
041005 -    disability filing is made.  Counsel recommends further consultation
041006 -    with the family after Bob's release by the doctor for normal
041007 -    transactional activity.  Initial post-surgery trauma evidenced by
041008 -    events last night, ref SDS 21 8769, and the surgeon's decision to
041009 -    deviate from standard practice, ref SDS 21 3182, will be
041010 -    recognized.
041011 -
041012 -    The lawyer met with the family at the hospital before Bob's
041013 -    surgery and made preliminary plans.
041014 -
041015 -    It is expected that next week or the week after, on advise of the
041016 -    doctor, counsel will meet with Bob and Kathleen to review estate
041017 -    planning issues.
041018 -
041019 -    If Dick needs financial support, Counsel advises past practice of
041020 -    payments are appropriate and would not likely affect the medicare
041021 -    review.
041022 -
041023 - ..
041024 - Madeline will call Trudy Nearn to see if she can help with the
041025 - medicare issue, or provide referrals.
041026 -
041027 - Madeline gave following additional referrals on medicare support...
041028 -
041029 -
041030 -                Sharon Hoyle         916 729 1520
041031 -
041032 -                James A Walker       530 889 0441
041033 -
041034 -
041035 -     [On 991110 James Walker called back. ref SDS 25 3966]
041036 -
041037 -
041038 -  ..
0411 -
0412 -
0413 - 1759 Patty called
0414 -
041401 - When Patty called to explain progress notifying Dick about his brother
041402 - and advice from counsel on deferring payments pending medicare
041403 - disability determination, ref SDS 21 4292, per meeting with counsel
041404 - above, ref SDS 0 3698, Patty said that the check from the account
041405 - manager which Bob discussed on 991102, ref SDS 16 4420, has not yet
041406 - been received.
041407 -
041408 - This may reflect the 3 days or so required for a transaction to
041409 - convert stocks into cash, and then prepare a mailing.
041410 -
041411 - If the check has not been received by Monday, further inquiry can be
041412 - made.
041413 -
041414 -     [On 991108 Kathleen received check. ref SDS 24 2580]
041415 -
041416 - They have received an acknowledgement that the account has been
041417 - transferred to a joint signature account per work yesterday.
041418 - ref SDS 19 1560
041419 -
041420 -     [On 991108 Kathleen received joint tenant account document to
041421 -     sign. ref SDS 24 2666]
041422 -
041423 -
041424 -
041425 -
041426 -
041427 -