ECF No. Harrods Ltd. v. Sixty Internet Domain Names, 302 F.3d 214, 244 (4th Cir. She joined Kiplinger in 2011 from the, How to find a Tax Preparer: What to look for in a tax professional, Stock Market Today: Stocks Brush Off Disappointing Tesla Investor Day, New RMD Rules: Starting Age, Penalties, Roth 401(k)s, and More, As the Market Falls, New Retirees Need a Plan, Retirees: Your Next Companion May Be a Robot, Using Your 401(k) to Delay Getting Social Security and Increase Payments. When I try to call Erickson they hang up. Each location may offer differing services, but. Thompson v. E.I. 401 B.R. The GST Trusts assert that the promissory note claim "has not been subject to an operational scheduling order since September 6, 2011," before the case was transferred to this Court and before the GST Trusts filed the pending motion to dismiss in this Court. E.D. The GST Trusts never made any payments on the Note--the first payment was due on May 4, 2006 and the Note fully matured on April 1, 2010. Erickson Senior Living will be taking retirement living to bold new heights with this 14-story community, located on 33 acres in North Bethesda, Maryland. They also noted that their motion to dismiss was still pending, and they had not had an opportunity to answer the Trustee's complaint and assert affirmative defenses. --------. Learn More Color: Green Size: US Size Guide S (6-8) M (10) L (12) XL (14) XXL (16) 4XL (20) Product Measurement Shoulder: 38.5, Bust: 94, Sleeve Length: 60, Length: 66.5 (cm) ADD TO CART Buy it now Product Details They attached a Rule 56(d) affidavit, asserting that they needed additional time to conduct discovery. [3] By 2009, Erickson operated a billion-dollar portfolio of properties in states from Massachusetts to Texas. Logo for Siena Lakes Senior Living in Naples, FL. Entrance fees currently range from $179,900 to $630,900. 544-551, and one count of avoidable preferences, under 11 U.S.C. is unrelated to any specific provision of the Plan. For example, you might negotiate to pay half of the entrance fee now and half in a year. The Fourth Circuit has adopted the Third Circuit's tests to determine when a claim is "related to" a bankruptcy proceeding under 1334(b), as announced in Pacor, Inc. v. Higgins, 743 F.2d 984 (3d Cir. 172 at 8, 171-1 at 7, 15. By Elaine Silvestrini Find your nearest EEOC office BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate. On August 20, 2013, the Trustee opposed this motion. [9], In 2015, Erickson Senior Living was ranked as one of the top 10 senior living providers in the Assisted Living Federation of America's (ALFA) annual ranking of senior living providers by resident capacity. 2d 403 (1995) (quoting Pacor, 743 F.2d at 994); cf. Brookdale Senior Living supports caregivers of older adults through our respite care services offered at many of our communities nationwide. The debtor then filed an adversary proceeding against the bank alleging, inter alia, breach of contract. The Trustee only seeks summary judgment against the GST Trusts on count one of the complaint--breach of contract for nonpayment of the Note. On May 2, 2013, the Trustee moved for summary judgment for breach of contract (count one of the complaint) against the GST Trusts and Scott Erickson, the new GST Trustee. This is one of the best decisions I've ever made. See Valley Historic Ltd. P'ship v. Bank of New York, 486 F.3d 831, 836-37 (4th Cir. 33. And with the typical CCRC charging six-figure entrance fees, you'll need to understand the size of any refund that you or your heirs may receive if you decide to move or when you die. 26(b)(1)("scope of discovery" includes "any nonprivileged matter that is relevant to any party's claim or defense," which "need not be admissible at the trial if the discovery is reasonably calculated to lead to the discovery of admissible evidence"). Erickson Retirement Communities, a major developer, managed 20 CCRCs in various stages of development at the time it filed for bankruptcy in late 2009. 154-1 at 3. However, BBB does not verify the accuracy of information provided by third parties, and does not guarantee the accuracy of any information in Business Profiles. WASHINGTON Supreme Court Justice Amy Coney Barrett on Thursday refused to block a plan by Indiana University to require students and employees to get vaccinated against COVID-19. 33. See, e.g., ECF No. The lawsuit was commenced by the EEOC's Baltimore Field Office, one of four component offices of the agency's Philadelphia District Office. 172 at 17. I have pictures to support my daughter's property resulting from the bullying if necessary. BBB Business Profiles are subject to change at any time. I am very concerned my sister and I will lose our inheritance. Well guide you through the process. Conclusion. Cf. Equal Housing Opportunity Analysis. Your brochure includesfinancial details, activities, and more! His wife and four children, Erickson's brother and a number of close friends have all been listed as defendants. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today. See 401 B.R. A retired educator, Walsh lives on a pension and a small Social Security benefit, and "those monthly service fees have gone up to the point where I think, holy smoke, will I be able to continue to do this?" Many times, these suits are brought on behalf of mentally challenged individuals who are victims of systemic abuse. 33 at 17; 154-7 at 1. When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints. ECF No. Thus, this case does not compel a rejection of the GST Trusts' Rule 56(d) motion. Erickson Senior Living Community happens to be one of the many companies that advertises student hiring. WELCOME TO Siena Lakes Senior Living IN NORTH NAPLES, FLORIDA What Sets Siena Lakes Apart? How to Choose the Best Divorce Attorney for Your Case, King and Kings Attorneys Reviews How to Judge Whether the Firm is Right For You, The 7 Most Common Car Accident Injuries What To Look Out For, How to Find Attorneys in Quincy, Massachusetts, Three Important Aspects of Hiring Puerto Rico Attorneys. Erickson Retirement Communities LLC Is this Your Business? However, the GST Trusts' affidavit has specified legitimate reasons they are "unable to present the necessary facts" to support their defense. The director also expressed concerns that she would be retaliated against for reporting what she believed was a discriminatory abuse of the company's performance management system, the EEOC said. See, e.g., Greater Baltimore Ctr. Profit and prosper with the best of expert advice - straight to your e-mail. 154-1 at 4. ERC was a privately-owned entity that developed and managed retirement communities. These [are] the same factors the Third Circuit noted in Resorts when it concluded that the mere potential to increase the assets of the trust is insufficient to establish a close nexus. See ECF No. See ECF Nos. Accordingly, the GST Trusts were not obliged to engage in discovery until the motion was resolved and a scheduling order entered. Washington, DC 20507 "I've been a very strong advocate of residents' rights," he says. Monthly fees start at about $1,680 and go as high as $2,323 a month. See Radi, 434 F. App'x at 178. Learn about Siena Lakes' many amenities and activities, and get answers to your specific questions. LEXIS 53468, at *14-*16. Get your free brochure with more information about Siena Lakes. ECF No. I was told I had to wait 90 days for the final bill. BBB Business Profiles may not be reproduced for sales or promotional purposes. The GST Trusts' first affidavit only states that it needs additional unspecified discovery to establish unspecified claims and defenses. The search for the ideal retirement community is only getting tougher as CCRCs offer a growing array of complex contract types and struggle with financial challenges. | The Their website even states "An Award-Winning Workplace" valuing diversity, inclusion, friendliness, integrity, teamwork, and respect". Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION. 372 F.3d at 156-58. The Erickson communities appealed in part for their relative affordability -- entrance fees range from $110,000 to $580,000, depending on apartment size, plus monthly fees of $1,550 to $2,600. Saco-Whitewater-Hinsdale 66, Westby-Grenora 32: Teagan Erickson was tops with 19 points on 9-for-10 shooting and Paige Wasson had her back with 18 including 3-for-3 from 3-point land as . . How do you get a tax professional that's right for you? Future US, Inc. Full 7th Floor, 130 West 42nd Street, BBB reports on known marketplace practices. An experienced attorney will know when the time has come to bring a lawsuit forward. Published 8 September 22. 2005) aff'd, 394 B.R. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION. Dec. 6, 2013). ERC was a privately-owned entity that developed and managed retirement communities. Erickson Living, a large developer of senior living communities backed by a billionaire, received approval for two loans totaling $2.5 million from the federal government's small business. See id. John C. Erickson, the founder and former CEO of Erickson Retirement Communities, filed a motion in early August to dismiss a $100 million lawsuit against him regarding his part in the. 547, 550 (count 13). If you choose to do business with this business, please let the business know that you contacted BBB for a BBB Business Profile. He and five top managers, including the chief executive and chief financial officers and Erickson's two sons, were to be replaced by a team chosen by Redwood. ECF No. Id. What are the benefits of having an in-house legal team? . ECF No. ECF No. NAIC: 623311 Continuing Care Retirement Communities 2023, International Association of Better Business Bureaus, Inc., separately incorporated Better Business Bureau organizations in the US, Canada and Mexico and BBB Institute for Marketplace Trust, Inc. All rights reserved. The company has since been bought by a local entrepreneur and operates under new leadership as Erickson Living. Robots may help fill the gap left by a shortage of humans to help older adults live independently. To subscribe, click here. It was even more disturbing to later discover an adult female chef manager whom I physically witnessed discussing the incident with two young ladies one of which was the violator, was bending several narratives to protect a bully. I would like the parent company, Erickson, to call me. Both trusts held ownership interests in EG. Very nice and an Upscale Retirement Community. Erickson created RLTV, a television network that focused programming towards seniors in 2006. Mark's father, John C. Erickson, built a national network of similar continuing-care retirement communities before losing it all in a huge bankruptcy in 2009. While many CCRC residents say they've noticed an uptick in the age of incoming residents, that may or may not say anything about the community's activities. The GST Trusts' second, untimely, affidavit provides, in much more detail, the facts the defendants wish to investigate and the discovery they wish to conduct to establish defenses to the promissory note. The EEOC charged that the alleged restructuring was a mere pretext for a retaliatory motive. These lawsuits are just one more reason to recommend that people considering nursing homes consider lawsuits prior to signing a contract. 166-1. . Learn More THE PROJECT ", EEOC Philadelphia District Director Jamie R. Williamson added, "The EEOC is committed to protecting employees from unlawful retaliation. Why? But Devonshire in recent months was hit with a $158 million foreclosure suit. at 525 (finding no "related to" jurisdiction under Resorts, because "neither the Plan nor Disclosure Statement specifically identifies the claims against the defendants as an asset to be liquidated and distributed to creditors")). In the past few weeks, a series of analyses published by highly respected researchers have exposed a truth about public health officials during COVID: Much of the time, they were wrong. Because the Court will deny the GST Trusts' pending motion to dismiss as moot, see supra note 4, the GST Trusts will have 14 days from the date of the order accompanying this memorandum opinion to file an answer. Over 27,000 people call an Erickson Senior Living community 'home'. This contract potentially requires residents to shoulder higher fees as their care needs increase. For example, it is not unusual for a nursing home administrator to allow a previously injured resident to return to his or her previous bed for further abuse. 2004). Owens-Ill., Inc. v. Rapid Am. Several members of his family, including his wife Nancy, served as directors and officers of EG and ERC. The Trustee's motion for summary judgment will be denied without prejudice. To get a sense of what life is really like at a CCRC, make several unannounced visits and have a few random meals there. Erickson Group, LLC ("EG") was a holding company. Some others died as a result of injuries sustained while residing at the retirement facility. Id. Order Kiplingers Social Security Solutions (opens in new tab) today. Neither Erickson nor several of his family members listed as defendants in the suit returned calls seeking comment Saturday. If no such governing body exists, a local governing body such as a city or county usually does it. See id. Radi, 434 F. App'x at 178. Id. Here, although the Plan has been confirmed, the Plan specifically: (1) creates the Liquidating Trust and appoints the Trustee to prosecute certain claims of the debtors on behalf of a sub-set of the debtors' creditors; and (2) provides for the Liquidating Trust's collection of the state law claim, which arose pre-petition, at issue in this suit. The facility's occupancy rate is another key measure of its viability. The Court will take the Trustee at his word and deny the motion to dismiss as moot without prejudice--the GST Trusts may refile the motion if the Trustee pursues claims against the GST Trusts on counts 10, 11, and 13. Apps. Seabrook Retirement Community Offers Assisted Living, Independent Living, and Continuing Care Communities 43 Reviews 3000 Essex Road, Tinton Falls, NJ 07753 (800) 385-2527 Claim Caring.com Listing Summary Reviews Amenities Description Map Top Nearby Assisted Living Sunrise of Shrewsbury $ Get Cost Details 5 Reviews Sunrise of Lincroft How Do I Stop Robocalls From Scamming Me? Plaintiffs attorneys also contend that the defendants refused to make reasonable accommodations for their plaintiffs. Proposed Community. Id. Respite care (short-term stay) allows caregivers to take a break. These communities, known as CCRCs, typically offer independent-living units as well as assisted-living and skilled-nursing facilities, allowing them to serve everyone from active newcomers to older residents requiring round-the-clock care. 154-1 at 5. at 724 (finding "related to" jurisdiction, in part, because "Resorts is much unlike the situation here, where the Litigation Trust Claims are pre-petition claims that could have been asserted by the debtor-in-possession directly prior to confirmation of Debtors' Plan"). Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, EEOC Sues Erickson Living Management for Retaliation. 169 at 3. Monthly fees, meanwhile, may cover meals, housekeeping, maintenance and activities, along with some or all health care services. Many attorneys offer a free consultation where they assess a clients case. Erickson Senior Living is an owner, manager and developer of retirement communities in the United States. Can lawsuits to be brought against a for-profit entity such as an assisted living facility? Make your practice more effective and efficient with Casetexts legal research suite. Were Hiring! These statements are insufficient to support their request for additional discovery. Siena Lakes is Erickson Senior Living's newest community. See ECF No. ECF No. Hopefully this review on the BBB can force some accountability and change in a company that boasts about its apparently invisible core value's Integrity, and Responsibility. Erickson Retirement Communities. Grounds 2-4 were mooted upon the transfer of the litigation from the Texas Bankruptcy Court to the District of Maryland Bankruptcy Court and finally to this Court. Erickson Group, LLC ("EG") was a holding company. Va. 2006) ("According to the plan, the only monies to be distributed are the litigation proceeds, should any actually be collected. View Project. View Project. In other words, unlike the claims at issue in Resorts and Valley Historic, the claim against the GST Trusts was specifically integrated into the Plan as a means of recovery for certain debtors--it is a matter affecting the "implementation, consummation, execution, or administration of the confirmed plan." When you purchase through links on our site, we may earn an affiliate commission. Check recent annual reports for details on the benevolent fund. To receive the equity of approximately 350,000 dollars I have to pay this bill. 163 at 4. 1984) and Binder v. Price Waterhouse & Co. (In re Resorts Int'l, Inc.), 372 F.3d 154 (3d Cir. New York Post, by Marty Makary Original Article. 0 0-0 0, Emma Erickson 1-3 . 10 myths told by COVID experts andnow debunked 4 replies. The EECO says the actions violate the Americans with Disabilities Act that prohibits employers from retaliating against workers for opposing discrimination on the job. See also In re Insilco Technologies, Inc., 330 B.R. On this Wikipedia the language links are at the top of the page across from the article title. Many CCRCs mandate that residents who need more than a set number of hours of care per day transfer to assisted living, says Susan Ann Silverstein, senior attorney at AARP Foundation Litigation.Another key question: Will an assisted-living or skilled-nursing bed be available when you need it? Residents want more control over Rogue Valley's future, he says. CARF International, which provides accreditation to CCRCs, has a consumer guide to understanding CCRC finances at www.carf.org (opens in new tab). 2010) ("[This post-confirmation] adversary proceeding . Because the Court concludes that there is jurisdiction under 1334(b), it will not decide whether there is also diversity jurisdiction. It was common for senior citizens to be placed in restraints and kept awake at night. Harrods, 302 F.3d at 246-47 ("[S]ummary judgment prior to discovery can be particularly inappropriate when a case involves complex factual questions about intent and motive. LockA locked padlock The details should be spelled out in the contract. 2007). ECF No. Aloitus sopimuksen mukaan. After PRS removed seven of the nine Rogue Valley board members, that legal challenge fizzled. The management fee that Rogue Valley pays PRS is "well within industry standards," says Mike Morris, PRS chief operating officer and Rogue Valley's interim executive director. By prepaying for long-term care, residents are limiting their risks if care costs skyrocket.While these contracts are still common, many CCRCs also offer other options. That's the challenge facing seniors considering a move to a continuing-care retirement community. 2781 Siena Lakes Circle, Naples, FL 34109, HIPAA Now, residents have organized a steering committee and raised roughly $250,000 to work with their own lawyer, says Don Lewis, 84, vice-president of the Rogue Valley residents' council. Pending are: (1) the Trustee's motion for summary judgment, ECF No. The Trustee's motion for summary judgment will be denied without prejudice. Some retirement homes have become too lax in implementing safety measures. 3. See Works, 519 F. App'x at 181 ("Because this motion was styled as a motion to dismiss, by operation of the District of Maryland's Local Rules, a scheduling order could not be enteredand discovery could not commenceuntil the motion was resolved.") The complaint alleged nine counts under the Maryland code or Maryland common law (counts 1-9), three counts of fraudulent transfers (counts 10-12), under 11 U.S.C. The claims against all other defendants have been dismissed. If a case does not meet those requirements, it will not proceed. "It's a very successful model . In Valley Historic, the debtor partnership filed for bankruptcy after the Bank of New York informed it that the debtor's loan agreement with the bank required a tenfold increase in monthly loan payments. [1], Erickson Senior Living was founded in 1983 by John C. Erickson as Erickson Retirement Communities. 1997) (quoting Pacor, 743 F.2d at 994). ECF No. Among the approved expenses claimed in the suit were a $10 million yacht, a $4.6 million Erickson mansion in Baltimore, as well as a second smaller yacht and a $400,000 Baltimore condo. Boxscores are updated as we receive them. Privacy / Terms of Use. Because attorneys often try to save face with cases resolved outside the courthouse, it is not uncommon for them to settle out of court. Overall rating. It provides independent living, assisted living, memory and skilled nursing care, managing 20 campus-style retirement communities in 11 states. 2013) (quoting Fed.R.Civ.P. Continuing Care Retirement Communities (CCRC), also known as Life Care Communities, offer older adults a spectrum of services and care facilities, typically starting with independent living arrangements, then advancing to assisted living, and then progressing ultimately to nursing home care. Three couples who have made it past the 60-year mark of marriage and . "[M]atters that affect the interpretation, implementation, consummation, execution, or administration of the confirmed plan will typically have the requisite close nexus." Although the court noted that "the scope of bankruptcy court jurisdiction diminishes with plan confirmation," it held that jurisdiction "does not disappear entirely." Moreover, Air Cargo noted that claims specifically provided for in a bankruptcy plan are more likely to have a "close nexus" to bankruptcy under Resorts. One reason that this is important is because the plaintiffs case becomes more difficult if the defendant fails to fight back aggressively. On July 8, 2013, the Trustee opposed this motion. When a CCRC is forced into bankruptcy, any deposit a resident may have made could be lost. With so many incredible amenities, it's like you're living in a resort. Kiplinger is part of Future plc, an international media group and leading digital publisher. 486 F.3d at 834. As a matter of policy, BBB does not endorse any product, service or business. Id. Swim, dine, or take a class. The Philadelphia District Office has jurisdiction over Pennsylvania, West Virginia, Maryland, Delaware, and parts of New Jersey and Ohio. Posted by Frederic F. Frew 3/2/2023 1:17:36 PM. The suit claims Erickson and other board members at Erickson Group LLC, a holding company set up to own Erickson Retirement, loaned $55.8 million to two private trusts set up by John and. [4], Erickson filed for Chapter 11 in 2009. Under Local Rule 402, the action was automatically referred to the Bankruptcy Court for the District of Maryland. Works, 519 F. App'x at 182 (internal quotations omitted); accord Harrods, 302 F.3d at 245 n. 18 (citing with approval sources applying the rule liberally). ECF No. Were Hiring! Business Profile Erickson Retirement Communities LLC Adult Family Homes Multi Location Business Find locations Contact Information 701. ECF No. See, e.g., Radi, 434 F. App'x at 178. The company was acquired later that year and. Last updated 3 October 22. retirement ECF No. 158. she says. 701 Maiden Choice Lane, Baltimore, MD 21228. A spokesman for Spectrum Retirement Communities, which had one New Mexico community on the list, when contacted, said the company had not been served with the lawsuit but added, "We take allegations regarding non-compliance with Fair Housing very seriously." . We have ways to make it stop. Id. 171 at 3. Could your RMDs be affected? Consumers should also be advised in considering your loved one's potential placement in this community, be aware of how children (minors working in dinning) are treated, and seniors may possibly face the same treatment. There are usually several defendants in any case. Although the Trustee asserts that further delay in the litigation will cause substantial prejudice to the Liquidating Trust's beneficiaries and the Trustee, because the litigation has been pending for a long time at great expense, awarding summary judgment on a promissory note allegedly worth over $95 million without giving the GST Trusts an adequate opportunity to oppose the motion will cause even greater prejudice to the GST Trusts. 154-3. D. Del. Or the facility may be bought out of bankruptcy by a new owner. I. Retired Johns Hopkins University President William R. Brody was also a board member with the company and is listed in the suit. 159-1. These include "modified" or type B contracts, which typically have lower entrance fees but include only a limited amount of assisted living and nursing care in the initial fee. EG lent the money to the GST Trusts; the GST Trusts issued a promissory note to EG on May 4, 2005 (the "Note"); and the GST Trusts purchased the EG interests from the BCF. Suppose the defendant has twenty-one plaintiffs who all claim to have been victims of cruel and unusual punishment; does the judge throw out all twenty-one claims as frivolous? On October 19, 2009, ERC, EG, and several subsidiaries of those companies (collectively "the debtors") sought protection under Chapter 11 of Title 11 of the United States Code ("Chapter 11") in the Bankruptcy Court for the Northern District of Texas. 1996). Free from worry and full of possibility. Id. If youre in the early stages of your retirement, youre likely in a rough spot watching your portfolio shrink. Full-time + 1. In re Air Cargo, Inc., 401 B.R. ", In addition to his regular bridge and poker games, Waite serves on the resident advisory council and finance committee. The SECURE 2.0 Act makes major changes to the required minimum distribution rules. [9] Residents pay a fee an upfront deposit to secure an apartment home and a single monthly fee to cover most living expenses. Occupancy below 85% "can be a cause for concern, unless it's in a newer community that's filling up," says Stephen Maag, director of residential communities at LeadingAge, an association of nonprofit senior care providers. at 12. 159; and (3) the GST Trusts' motion for leave to file a supplemental Rule 56(d) affidavit, ECF No. 33 at 9. Rogue Valley "has seen all sorts of success as a result of its relationship with PRS," he says. The choice of contract can depend on the senior's ability to absorb future cost increases, health status and risk tolerance. 166. Facilities may attempt to discharge residents if they run out of money or develop above-average care needs, says Eric Carlson, directing attorney at the National Senior Citizens Law Center. After many calls and emails, I received a bill online for about 10,000 dollars. ECF No. Making Your Money Last Employer est. The founder of the Catonsville-based retirement community company that pioneered campus-style continuing-care facilities nationwide faces a $100 million lawsuit brought on by a trustee this month. | says Doris Hawks, an elder law attorney in Los Altos, Cal. 148 at 1. The entrance fee refund program at both Sedgebrook and Monarch Landing . The Trustee asserts that the Ericksons "extracted" the loan from EG to "line[] their own pockets," never intending to pay it back or use the funds for EG purposes. Richard Waite of Brandywine, Pa., an 88-year-old former insurance company executive, has lived in a CCRC for about 12 years and says, "I'm busier here right now than I was when I was working for the corporation. Given the growing needs of an aging community, these funds can run dry. Imagine hunting for a new home, making high-stakes health care decisions and negotiating a complex business dealall at the same time. ; ECF Nos. In response to the Trustee's objections, the GST Trusts move for leave to file a second, untimely affidavit which identifies more specifically the discovery they seek and the facts they hope to uncover. 56(d)) (internal quotations omitted). The answer, of course, is no. The facts are from the complaint, ECF No. The plan specifically provided that one of the main assets of the litigation trust was "funds resulting from the anticipated prosecution of avoidance actions, including actions to avoid and recover fraudulent transfers and preferences." For example, the affidavit identifies several depositions the defendants wish to take of identified bank officials and the testimony they will likely elicit. EDITOR'S NOTE: This article was originally published in the November 2012 issue of Kiplinger's Retirement Report. Concerns about recession, inflation and health care costs weigh on retirees and near retirees. The Trustee asserts that the GST Trusts' failure to identify in their first affidavit the specific discovery they will conduct and the facts they wish to investigate is fatal to their motion for discovery.

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