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


S U M M A R Y


DIARY: November 10, 1999 10:53 AM Wednesday; Rod Welch

Estate planning for Kathleen and Bob.

1...Summary/Objective
2...Estate Planning, Medical Expense Issues

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

1...She will review the letter, call Kathleen, then call Peter
2...She will ask Kathleen if she approves sending me computer files
3...Madeline will write this letter today.
4...5. Schedule meeting with Kathleen and Bob on confirming terms of

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 27 0000, ref SDS 25 0000.
040502 -
040503 - Madeline will call Kathleen today to review issues, including
040504 - coordinate on meeting to finalize Bob's will.  She will coordinate
040505 - with Peter Brixie about Medicare, which Peter is handling.
040506 -
040507 - Submitted ref DIT 1 0001 linked to this record, and to the letter to
040508 - Peter Brixie, ref DIP 10 0001, hiring him to support Bob's Medicare
040509 - application.
040510 -
040511 - Requested confirmtion of receipt based on past problems with email.
040512 -
040513 -     [In another record James Walker recommends filing for Medical
040514 -     coverage rather than try for Medicare coverage through Peter
040515 -     Brixie. ref SDS 28 5056]
040516 -
040517 -     [On 991111 Madeline was unable to get through to Kathleen today,
040518 -     trying again on 991111. ref SDS 29 2544]
040519 -
040520 -
040521 -
040522 -
0406 -
0407 -
0408 - Discussion
0409 -
040901 -  ..
040902 - Estate Planning, Medical Expense Issues
040903 -
040904 - Follow up ref SDS 27 5966, ref SDS 25 5966.
040905 -
040906 - In sum, Madeline does not need a meeting today.  She has been trying
040907 - to call Kathleen, but has not been able to get through because
040908 - the line is busy.
040909 -
040910 - Madeline advised that the firm's email system is online again.
040911 -
040912 - She will keep trying to get through to Kathleen, and will have a phone
040913 - conference with Kathleen on pending issues...
040914 -
040915 -     [On 991111 Madeline was unable to get through to Kathleen today,
040916 -     trying again on 991111. ref SDS 29 2544]
040917 -        ..
040918 -    1.  Madeline review and approve submission of joint tenant
040919 -        signature card on family retirement account, per telecon with
040920 -        Kathleen on 991108. ref SDS 24 2666
040921 -
040922 -        Madeline will do this.
040923 -
040924 -        It requires Kathleen to bring the document to Madeline's
040925 -        office, or perhaps Kathleen can simply read it during their
040926 -        phone call.
040927 -        ..
040928 -    2.  Review letter from CMISP on 991107 demanding an audit,
040929 -        and requiring response by 991115, ref SDS 23 4866, and per
040930 -        Kath's question on 991108. ref SDS 24 1540
040931 -
040932 -        Madeline has reviewed the CMISP letter submitted by Kathleen
040933 -        via fax on 991109. ref SDS 26 5833
040934 -
040935 -        She feels counsel for medical expense coverage should address
040936 -        CMISP's letter.
040937 -
040938 -          [In another record James Walker recommends filing for Medical
040939 -          coverage, so asked him to advise on CMISP issue.
040940 -          ref SDS 28 5056]
040941 -
040942 -          [...also asked James to respond to CMISP. ref SDS 28 0899]
040943 -
040944 -          [On 991111 asked Madeline to fax CMISP letter to James
040945 -          Walker's office. ref SDS 29 2576]
040946 -        ..
040947 -    3.  Review letter, ref DIP 10 0001, to Peter Brixie sent
040948 -        today on Medicare filing. ref SDS 24 7553
040949 -
040950 -        Madeline has not seen this letter, however, their email system
040951 -        is back online.
040952 -
040953 -        I will resend it to her.
040954 -
040955 -        She will review the letter, call Kathleen, then call Peter
040956 -        Brixie to coordinate issues related to distribution of funds,
040957 -        including the check made out to Bob's brother Dick.
040958 -
040959 -          [In another record James Walker recommends filing for Medical
040960 -          coverage rather than try for Medicare coverage through Peter
040961 -          Brixie. ref SDS 28 5056]
040962 -
040963 -    4.  Need computer files sent via email on Madeline's correspondence
040964 -        to Bob and Kathleen.
040965 -
040966 -        Madeline did not recall discussing this.
040967 -
040968 -        She will ask Kathleen if she approves sending me computer files
040969 -        of communication with the family, and if Kathleen approves,
040970 -        Madeline will have the files sent to me to ensure an accurate
040971 -        record.
040972 -
040973 -        a.  Letter dated 991105 memorialzing the meeting with Bob and
040974 -            the family at the hospital on 991104, and the meeting wtih
040975 -            Patty on 991105. ref SDS 22 4400
040976 -
040977 -        b.  Assignment letter on hiring the firm, a copy of which was
040978 -            given to Patty. ref SDS 22 4400
040979 -        ..
040980 -    5.  Need letter to Bob and Kathleen confirming advice that
040981 -        payments from family assets should be deferred, including from
040982 -        inheritance, until after determination of method for paying
040983 -        medical expenses (e.g., Medicare, Medical), per record from
040984 -        991103, ref SDS 17 4866, and meeting with Patty on 991105.
040985 -        ref SDS 22 2538
040986 -
040987 -        Madeline will write this letter today.
040988 -
040989 -        She needs to coordinate immediately with counsel advising on
040990 -        payment of medical expenses through Medicare or Medical.
040991 -
040992 -          [In another record James Walker recommends filing for Medical
040993 -          coverage rather than try for Medicare coverage through Peter
040994 -          Brixie. ref SDS 28 5056]
040995 -
040996 -
040997 - Need to clarify advice on following discussed briefly on 991105.
040998 -        ..
040999 -    1.  What duties and entitlements arise from the documents
041000 -        Patty submitted on 991105 on behalf of Bob and Kathleen, with
041001 -        respect to management of family assets, including inheritance?
041002 -
041003 -           Madeline has not fully reviewed the documents.  She will do
041004 -           this today.
041005 -
041006 -        Do the documents reviewed need to be identified?
041007 -
041008 -           Madeline will write a letter to Kathleen identifying the
041009 -           documents she has received from Patty.
041010 -
041011 -        Who is responsible for what?
041012 -
041013 -        What demands can Dick make, if any?
041014 -
041015 -        (see discussion on 991105. ref SDS 22 2538)
041016 -
041017 -           Madeline will advise Kathleen on duties and rights that flow
041018 -           from the documents Madeline has received, and information
041019 -           she develops directly from the family.
041020 -
041021 -           This includes the record on 991102, ref SDS 16 2528, and
041022 -           ref SDS 16 9066, transmitted by my letter on 991104.
041023 -           ref DIP 9 0001  On 991105 MMD's email system was down, so
041024 -           the letter and the record for 991102 was sent to Madeline
041025 -           via fax. ref SDS 22 5966
041026 -
041027 -    2.  If Dick dies before Bob, what obligations arise on allocation
041028 -        of remaining inheritance assets?
041029 -
041030 -        Do the documents support a finding that Dick's estate would
041031 -        include any portion of inheritance assets? (It initially
041032 -        appears not, per telecon on 991105. ref SDS 22 2538)
041033 -
041034 -        Madeline has yet focused on this issue.
041035 -
041036 -
041037 -    3.  If Bob dies before Dick, what entitlements arise from the
041038 -        inheritance assets?
041039 -
041040 -        Who is responsible for managing the inheritance assets?
041041 -        (Initially appears that Kathleen is sole beneficiary, based on
041042 -        telecon on 991105. ref SDS 22 2538)
041043 -
041044 -        Madeline plans to visit with Bob and Kathleen to address Bob's
041045 -        wishes.
041046 -
041047 -    4.  If there was a pattern and practice of distributing nominal
041048 -        amounts of inheritance assets, is this grounds to continue that
041049 -        practice as the sole requirement to meet obligations of Bob's
041050 -        fiduciary responsibility, if any? (Initially counsel advises
041051 -        distributions should be deferred until Bob recovers enough to
041052 -        meet with counsel again, and medicare eligibility is
041053 -        determined. per telecon on 991105. ref SDS 22 3698)
041054 -
041055 -        Madeline did not discuss this issue today.
041056 -
041057 -
041058 -    5.  Schedule meeting with Kathleen and Bob on confirming terms of
041059 -        will, per Madeline's letter on 991105.
041060 -
041061 -        Madeline will call Kathleen on this.
041062 -
041063 -        We reviewed need to coordinate with doctor on clearance to have
041064 -        meeting with Bob in light of continuing emotional trauma, per
041065 -        record on 991108. ref SDS 24 5328
041066 -
041067 -        I explained having talked to Doctor Karen Fogelberg this
041068 -        morning about Bob's emotional health. ref SDS 28 3224
041069 -
041070 -        Madeline can coordinate direclty with Karen on setting up a
041071 -        visit with Bob...
041072 -
041073 -
041074 -                          916 863 7874
041075 -
041076 -
041077 -
041078 -
0411 -
0412 -
0413 - 1203 called Madeline's office
0414 -
041401 - Left message of having just submitted ref DIT 1 0001.
041402 -
041403 -
041404 -
041405 -
041406 -
041407 -
041408 -