tag:blogger.com,1999:blog-69674042552445766482024-02-20T17:49:42.423-08:00Davidow NewslettersDavidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.comBlogger203125tag:blogger.com,1999:blog-6967404255244576648.post-46032004095533601892016-01-22T10:18:00.000-08:002016-01-22T10:18:23.404-08:00Disability Integration Act to be Introduced in the Senate<div align="left" style="background-color: white; font-size: 18.6667px; margin-bottom: 0px; margin-top: 0px;">
A bill entitled, Disability Integration Act, is scheduled to be introduced in the Senate very soon. Sponsored by Sen. Charles Schumer, the bill hopes to keep families together and make life accommodating and comfortable for disabled adults. Basically, it would require health insurance companies to pay for services for disabled adults in their homes.</div>
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Although health insurance provides disabled people with care while in an institution, it should do the same if they and their family decide to stay at home; it should be their right to choose where they want to receive care. Some have even commented that the need for residential options amounts to nothing less than a "crisis."</div>
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Years ago, housing people in institutional care models was the norm, but we cannot revert back to those days. Schumer also mentions that "we cannot expect that everyone will live with their parents forever." He feels that disabled adults should be allowed to be as independent as they can and caring for someone in their own home would actually cost less than an institution.</div>
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Senator Schumer is optimistic that a law requiring insurance companies to changes their polices can get passed but he knows it's going to take some time to get it done. No one should want to break up families or even friendships within a community because they are forced to leave their home for care. He's confident that many will realize how important it is to pass this bill because it's a system that's obviously flawed. </div>
Anonymoushttp://www.blogger.com/profile/08910558136488618817noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-86504508110008182722015-12-04T09:02:00.001-08:002015-12-04T09:02:44.620-08:00Governor Cuomo Signs the Care Act into LawNew York State legislature has passed the Caregiver Advice, Record and Enable (CARE) Act. It was signed into law by Governor Andrew Cuomo on October 26, 2015 and will take effect in April, 2016. The primary focus of this new law is to offer assistance to patients and their caregivers after they are discharged from the hospital. <br />
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Upon being discharged from the hospital, there are many concerns as to how the patient’s care will be continued at home. This makes an already challenging situation even more stressful for the patient as well as the caregiver who is responsible for providing that care. That care does not only include assistance for the activities of daily living, such as eating, dressing, and bathing, but for more involved procedures such as medication administration, the handling of medical equipment and possibly even wound care.<br />
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The first thing a patient will be required to do is to assign someone to be their family caregiver. Once this is done and the hospital is alerted to the patient’s choice, they will then be obligated to notify that caregiver 24 hours prior to discharge. They will then also be required, by law, to provide the caregiver with all the necessary information and if necessary, training, that would be necessary to properly care for the patient upon their release. <br />
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Seeing the value of this Act, AARP is an enthusiastic advocate to get this passed throughout the country. New York is now the 18th state that has passed a version of the Act. Part of the reason for AARP’s participation in getting this passed, is the knowledge that nearly 40 million caregivers throughout the United States currently provide unpaid care for a family member. As startling as that is, what’s even more upsetting is that the number of caregivers that will be available in the coming years is expected to dramatically decrease leaving many people unassisted in the most fragile time in their lives.<br />
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The main purpose of passing this Act is to help alleviate the stress and concern of patients when they are being discharged and require further care. It will allow them to choose their caregiver, and have the hospital train that caregiver thereby eliminating a lot of worry. In addition, by educating caregivers with clear instructions within the discharge plan, it will most likely decrease the need for that patient to have to enter another facility for their aftercare.Anonymoushttp://www.blogger.com/profile/08910558136488618817noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-34401932886237492262015-08-21T08:05:00.002-07:002015-08-21T08:05:44.975-07:00Helping Patients Deal with End of Life Decisions<strong style="background-color: white; font-family: Arial, Helvetica, sans-serif; font-size: 21.3333339691162px;"><strong _mce_style="font-size: 16pt; text-align: center;" style="font-size: 16pt; text-align: center;"><strong _mce_style="font-size: 16pt; text-align: center;" style="font-size: 16pt;"></strong></strong></strong><br />
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Medicare announced plans this month to reimburse doctors for talking with patients about what treatments they want -- and don't want -- toward the end of life. This sensible, long-overdue proposal is likely to have a very wide impact. About 80 percent of people who die in the United States each year are covered by Medicare, and Medicare policies are often followed by private insurers, some of which already pay for these advance-planning conversations.</div>
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The need for such talks was made even clearer by disturbing new evidence in a study in the July 9th issue of JAMA Oncology, a journal of the American Medical Association, that many cancer patients, who often face difficult choices over whether to have chemotherapy or radiation, don't receive the care they want at the end of life.</div>
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Researchers at the Johns Hopkins School of Medicine in Baltimore used a national survey containing exit interviews with the next of kin of nearly 2,000 cancer patients who died between 2000 and 2012. Patients who had end-of-life discussions with doctors and those who created living wills, which describe the kind of care a person should receive, were most able to avoid having treatments that they did not want imposed on them. Patients who relied solely on designated health care proxies to make decisions if they were incapacitated were often subjected to aggressive last-minute care.</div>
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The lesson seems clear. End-of-life discussions involving all parties -- doctors, patients and surrogates -- are crucial to ensure that people's preferences are specified and understood by everybody.</div>
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Medicare's proposal, which is part of the agency's physician fee schedules for 2016, was welcomed by major medical organizations but faces opposition from right-to-life and disability rights groups that say advance-care planning persuades people to reject lifesaving treatment. The talks, however, are voluntary, and many patients and families are eager to have them.</div>
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The payment rates for doctors and other health professionals who meet with patients about end-of-life care will be decided by November 1st, when the plan is expected to become final. Virtually all experts agree that medical professionals will need additional training. Many doctors are uncomfortable talking to patients about planning for death.</div>
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The proposal would end further delays on an important issue. In 2009, a similar plan was floated to pay for end-of-life discussions under the Affordable Care Act only to be derailed by Sarah Palin's bogus cry about "death panels" that would cut off care for helpless patients. In 2010, Medicare tried to pay for voluntary advance care planning as part of annual wellness visits only to have its efforts overturned by similar political pressure. This year the opposition seems more muted, and more patients may finally be able to talk to their doctors and gain more control over the care they receive in their final days.</div>
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Source: The New York Times, July 2015.</div>
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Anonymoushttp://www.blogger.com/profile/08910558136488618817noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-31794554366360579912015-05-01T12:39:00.003-07:002015-05-01T12:39:44.404-07:00Updating your Estate Plan after DivorceAlmost everyone who has been divorced or is ending their marriage needs an
estate planning checklist for divorce. It’s imperative they revisit their
estate planning documents to avoid inadvertently giving their ex control over
their estate. While the divorce process attempts to equitably divide assets, it
usually falls short of addressing the estate planning needs of clients. In
addition, it is prudent to revise estate planning documents during a divorce to
ensure your wishes are carried out, as a contentious divorce can often last
many years. <o:p></o:p><br />
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Updating of all <a href="http://www.clarkskatoff.com/practice-areas/estate-planning/estate-planning-for-florida-residents/">estate
planning documents</a> should obviously be carried out. There are two areas,
however, that deserve special attention - pension plans & minor children. <o:p></o:p><br />
In most states, if you get divorced, a state statute automatically treats
the ex-spouse as being pre-deceased in your documents. <em> </em>This means if you named a former spouse as a
personal representative, executor, or as a beneficiary of your estate, they
will be automatically removed. Many people believe they can rely on such a
statute to handle their estate planning documents. There are multiple problems
with this approach. First, the statute only goes into effect upon divorce (if
you pass during a multi-year divorce battle, everything may pass to your spouse
regardless). Second, certain retirement plans governed under a portion of
Federal Law called the Employee Retirement Income Security Act also known as
ERISA (such as 401K's and pension plans) will preempt the state statute from
taking effect. Therefore, your ex-spouse may still inherit your retirement plan <em><b>even
after a divorce</b></em> is final. <o:p></o:p><br />
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Another common issue we see is when a Decedent leaves all their assets to a
minor child. Most state laws require a guardianship until the minor is 18. This
is an expensive process and one of the unanticipated circumstance people fail
to recognize is that the ex-spouse usually is appointed guardian. While this
may be acceptable under some circumstances, most individuals balk at the
thought of their ex-spouse getting control over all the assets. Therefore, it
is strongly recommended that a client dealing with or already divorced set up a
trust to handle any assets that may pass for the benefit of a minor. <o:p></o:p><br />
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In addition, some states such as Florida have unique restrictions on the
devise of homestead. For example, if you have minor children, you may be
required to leave your homestead to them regardless of what your Will provides.
Just imagine the irony, you pass away leaving everything to your minor child,
and then your ex-spouse moves into your home as the nominated guardian of your
minor child. <o:p></o:p><br />
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Proper planning by anyone leaving you assets may also mitigate the effects
of a future divorce. By leaving assets in trust, it may be possible to ensure
they are not counted against a party for equitable division. It is important to
see an attorney well versed in this area, as this is a constantly evolving area
of the law. <o:p></o:p><br />
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These are just a few of the circumstances we often encounter when dealing
with the estate of an individual who is in the process of a divorce or who has
failed to update documents after a divorce. Here is a quick checklist to
address some of the most prevalent issues: <o:p></o:p><br />
<ol start="1" type="1">
<li class="MsoNormal">Update your Will and/or trust; <o:p></o:p></li>
<li class="MsoNormal">Update your Durable Power of Attorney, Living Will, or
Health Care Surrogate; <o:p></o:p></li>
<li class="MsoNormal">Update your beneficiary designations on all accounts
and insurance policies; <o:p></o:p></li>
<li class="MsoNormal">Review how your cars are titled; <o:p></o:p></li>
<li class="MsoNormal">Update and/or nominate a guardian for any minor
children and for yourself; <o:p></o:p></li>
<li class="MsoNormal">Ensure your house is properly titled and/or devised in
your will; <o:p></o:p></li>
<li class="MsoNormal">Review the titling of all financial accounts; <o:p></o:p></li>
<li class="MsoNormal">Revoke all prior estate planning documents and powers
of attorney; <o:p></o:p></li>
<li class="MsoNormal">Ensure all post-divorce settlement requirement are
handled (i.e. life insurance); and <o:p></o:p></li>
<li class="MsoNormal">Speak with relatives (i.e. parents) to ensure their
estate plans take into consideration your divorce. <o:p></o:p></li>
</ol>
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Written by D.W. Craig Dreyer, Esq.</div>
Anonymoushttp://www.blogger.com/profile/08910558136488618817noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-71893262573463014102015-02-05T13:03:00.002-08:002015-02-05T13:03:13.201-08:00ABLE ACT PASSES<div align="center" style="background-color: white; font-family: Arial, Helvetica, sans-serif; font-size: 16pt; margin-left: 30px; text-align: center;">
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Following years of national grassroots advocacy efforts, the community of individuals with special needs and their family members will have at their disposal a new tool with which to maintain a private fund of assets while preserving certain <strong style="font-size: 16pt;"> <div style="display: inline !important;">
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<strong style="font-size: 16pt;">government benefits. On December 19, 2014, the President </strong><strong style="font-size: 16pt;"> <div style="display: inline !important;">
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<strong style="font-size: 16pt;">known as the ABLE Act. The Act, modeled after Internal Revenue </strong></div>
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<br /><em><strong><span style="font-family: Arial, Helvetica, sans-serif; font-size: 14pt;">PRIOR TO PASSAGE THE ACT HAD MANY FORMS </span></strong></em></div>
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<span style="font-family: Arial, Helvetica, sans-serif; font-size: 14pt;">ABLE was first introduced in Congress in 2008. As originally drafted, the Act amended Section 529 of the Internal Revenue Code and provided for thresholds tied to that section's permitted </span><span style="font-family: Arial, Helvetica, sans-serif; font-size: 14pt;">amounts in each state. This meant that, in states with high Section 529 limits, a person could potentially have funded their ABLE Act Account with hundreds of thousands of dollars. Advocates wanted a simple and easy way to provide independence without having to place those funds in trust, and without the need to hire professionals or have court intervention. But, as is typical in politics,the anticipated costs for such an approach exceeded the political </span><span style="font-family: Arial, Helvetica, sans-serif; font-size: 14pt;">will to pass it in its original form.</span></div>
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<span style="font-family: Arial, Helvetica, sans-serif; font-size: 14pt;">The bill was amended several times over three different congressional sessions, while continually gaining bi-partisan support of a vast majority of the members of both houses. The most dramatic changes occurred during the mark up of the bill at a committee hearing in July of 2014. Fiscally, those amendments reduced the anticipated expense of the bill by $17 billion. Politically, the changes allowed supporters in Congress to attach the bill to a large end-of-session tax package bill under which it passed. The Act, as finally approved, is a shell of its former self, providing far more limited benefits than many with special needs,</span><span style="font-family: Arial, Helvetica, sans-serif; font-size: 14pt;">their families, and advocates had originally hoped.</span></div>
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<br /><em><strong>WHAT DOES ABLE ACTUALLY LET A PERSON DO?</strong></em></div>
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After years of hearing what the ABLE Act might do, it is essential to understand what a person can do under the final version of the Act that the President signed into law. </div>
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At this point, the passage of the Act alone does not allow a person to do anything, at least not yet. State action is necessary for the Act to be implemented in all 50 States. Remember, the Act is tied to each state's 529 plans. So, the actual opening of an ABLE Act account for a person will not likely occur until the latter part of 2015, and, in some states, may not occur until 2016, depending on the speed of action at the state level. Once it is finally implemented in your state, what will happen?</div>
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<br />Under the terms of the new law, in order to be eligible for an ABLE account, the onset of the individual's disability must have occurred prior to age 26. Each calendar year, you, or another person for your benefit, can deposit cash up to the federal annual gift tax exclusion amount, presently $14,000, into an account in your name to be reported under your Social Security number. These contributions are not tax-deductible. Total contributions into the <span style="font-size: 14pt;">ABLE account are capped at each state's limitations for 529 accounts and the first $100,000 in an ABLE account will not adversely affect the individual's eligibility for SSI. So long as you only use the funds in that account for permitted government approved disability-related expenditures, the account will be permitted to accrue </span><span style="font-size: 14pt;">value income tax-free. </span></div>
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Although the Medicaid and SSI resource eligibility cap is $2,000 in most states, the funds in the ABLE Act account will be ignored as an available resource in the same way that a properly drafted and administered special needs trust (SNT) is not counted. Each person is allowed to <span style="font-size: 14pt;">have only one ABLE Act account, so if you open one, family members cannot open separate ones and fund more. Thus, in any calendar year, $14,000 is the most permitted to be set aside for your benefit, whether you are funding it or someone else is. The account may be added to each year, but once the value exceeds $100,000, you will lose your SSI eligibility. Notably, you may still be eligible for Medicaid, so you would keep your medical coverage, </span><span style="font-size: 14pt;">but lose your monthly income supplement.</span></div>
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<br /><em><strong>MEDICAID PAYBACK</strong></em></div>
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On the death of the beneficiary of the ABLE account, funds remaining in the ABLE account must first be used to repay the Medicaid program for expenses incurred. This is very similar to a first party SNT. First party SNTs are funded by a person's own assets and (other than</div>
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pooled trusts) must be created by a court, a parent, grandparent or guardian. In contrast, <span style="font-size: 14pt;">third party SNTs are created by someone other than the beneficiary with disabilities, and the assets going into the SNT are those of the third party, not the beneficiary. Third party SNTs are the most common tool utilized by special needs planners for individuals with special needs and </span><span style="font-size: 14pt;">their families.</span></div>
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<br />The singularly most important difference between a first party SNT and a third party SNT is that under a first party SNT, if there are any funds remaining in the trust at the time of the beneficiary's death, then the federal and state government must be named as the primary remainder beneficiary. The government effectively seizes those funds to repay the amount of Medicaid (but not SSI) benefits allocated to the individual during his or her lifetime. The final figure repaid to Medicaid could wipe out the amount left in the first party SNT, leaving nothing to the surviving family members.</div>
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<br />With a third party SNT, there is no Medicaid payback requirement. The trust funds can pass to another family member or whomever the creator of the trust originally intended, rather than going to the government.</div>
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<br />Unfortunately, the ABLE Act accounts mimic first party SNTs, meaning that they require a Medicaid payback. This holds true even if the money contributed to the ABLE account came from a parent or other third party. This is a major distinction between an ABLE account and a third party SNT, which has no Medicaid payback. Thus, in many family situations, a third party SNT may be a more useful and appropriate tool than an ABLE Act account.</div>
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<br /><em><strong>WHERE DO WE GO FROM HERE?</strong></em></div>
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ABLE Act accounts were supposed to reduce the need for court intervention and to make it easier for individuals with special needs to increase their independence while retaining more funds in their own names. Simplicity was the goal. But Congress's limiting the contributions to $14,000 per year and requiring proof of disability onset by age 26, changed the dynamic entirely. Most inheritances and lawsuit awards, which previously created the need for an SNT, will still require an SNT going forward. Further, there are complicated rules as to permitted expenditures. If funds are not managed and spent properly, both the tax benefit and the Medicaid eligibility may be lost entirely. Simplicity was not achieved.</div>
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<br />Those receiving public benefits and their loved ones must be diligent in preserving their benefits. In some situations, an ABLE Act account will be another tool towards that objective. For individuals trying to progress to work, or who are turning 18 and have had family members who previously funded more than $2,000 into a Uniform Gift (or Transfer) to Minor's Account on their behalf, the ABLE Act provides an advantageous alternative to obtaining court approval to create a first party SNT. But for most folks, the funds at issue exceed $14,000, so an ABLE Act account, alone, will not resolve all the issues. </div>
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Estate and financial planning for individuals with special needs is complex. While the ABLE account is a welcome addition to the tool box, it should not be set up in a vacuum. Each family's particular circumstances should be taken into account in deciding what is best for them. This can only be achieved with the guidance of competent professionals who will be able to offer practical solutions to meet your family's needs.</div>
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<em>Source: Written by Robert F. Brogan and Bernard A. Krooks who are members of the Special Needs Alliance (SNA). February 2015, EP Magazine, eparent.com.</em></div>
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Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-23845478136563792672014-10-24T08:01:00.002-07:002014-10-24T08:01:59.511-07:00SOME THINGS YOU COULD THROW AWAY<div style="background-color: #d5e9e8; color: #69331f; font-family: arial; font-size: 15px; line-height: 24px; margin-bottom: 20px; margin-top: 10px; padding: 0px;">
Our clients often look over the piles of paper (old financial records, mostly) accumulating in their homes, and ask us whether they really need to keep all that stuff. Is it important to hold on to all those documents for legal, tax or other reasons?</div>
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Sometimes, by the way, the question comes from clients who are cleaning out their parents’ homes. True story: when my own mother moved from her home of almost fifty years a few years ago, I helped clean out closets of old files and records. I found my parents’ check register from the month I was born (and, of course, months and months before and after). Excited, I figured I could find out how much they paid the doctor. Not having found an entry, I am now mostly worried about being repossessed.</div>
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But back to our question. What do you need to keep? Here are a couple things to keep:</div>
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<li style="list-style: square; margin: 0px 0px 0px 15px; padding: 0px;"><strong>Tax records for the past seven years.</strong> Why seven years? Because the federal statute of limitations for taxes is generally six years (that’s not quite right, incidentally, but assuming you are not committing tax fraud you can rely on that figure), and keeping one extra year makes sure you have documentation if something does come up. But before we move on, let’s make a couple points here: your old bank statements, cancelled checks for non-deductible items like utilities for your home, and an awful lot of the paper people tend to throw into the “tax” file are simply not important for tax purposes. And keeping what you do keep in an electronic format is perfectly fine. So you can probably clean out quite a bit of that “tax” file, too.</li>
<li style="list-style: square; margin: 0px 0px 0px 15px; padding: 0px;"><strong>Original documents with independent significance.</strong> What do we mean by that? Wills, trusts, powers of attorney, deeds, auto titles, birth certificates, marriage licenses, death certificates — all of these can be needed to prove the date and circumstances of the underlying events, or to effect your wishes. Keep them. Copies can mostly be discarded (with a couple exceptions — see the next point).</li>
<li style="list-style: square; margin: 0px 0px 0px 15px; padding: 0px;"><strong>Copies of important documents if you don’t have the original.</strong> Don’t have an original death certificate for a parent or spouse who died years ago? OK — then keep that photocopy. It won’t be useable as a copy, but it will be helpful in the effort to get a new certified copy. Also keep copies of wills, trusts and powers of attorney if you don’t have the originals — copies of your trust and powers of attorney might be just fine, and even a copy of your will can be used if your heirs can convince the court you lost the original, rather than tearing it up. By the way, if you can’t find the original of your will, that might mean it’s time to make an appointment to update your estate plan. But that’s a different issue.</li>
<li style="list-style: square; margin: 0px 0px 0px 15px; padding: 0px;"><strong>Receipts showing payments for improvements to your home.</strong> Not a big deal for most people, but this one can make a difference. If the gain on your home is going to be substantial, or you will sell it more than five years after you move out, then you will want to be able to show how much you spent on improving the house. This won’t make a difference for most people, but it will for a few.</li>
<li style="list-style: square; margin: 0px 0px 0px 15px; padding: 0px;"><strong>Electronic copies of at least some of the things you plan on throwing away.</strong> Don’t bother to scan everything, but you might make a pile of documents you think you might regret destroying later, and scan that pile.</li>
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That’s not a complete list, but it does include most of the things you actually have to keep. For more detail and some other suggestions, consider the <a href="http://www.usa.gov/Topics/Money/Personal-Finance/Managing-Household-Records.shtml" style="color: #008e7f;" target="_blank" title="U.S. government suggestions for documents to retain">federal government’s suggested list of things to hold on to</a>. We like their description of a process (collect all your papers from around the house and make three piles — “Active File,” “Dead Storage” and “Items to Discard”) but we think following their advice will still leave you awash in unnecessary paper.</div>
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So what can you actually throw away? Maybe it will help if you start with the stuff you just don’t need to keep any more. We have some suggestions for the discard pile, but first we want you to think about creating two separate piles of documents you’re not going to keep: one for the trash (or recycling), and the other to be shredded. Anything with an account number (even a closed account) or any personal information should go into the “shred” pile.</div>
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Things you could throw away or shred, as appropriate:</div>
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<li style="list-style: square; margin: 0px 0px 0px 15px; padding: 0px;"><strong>Old bank records.</strong> By “old” we mean not likely to be needed for tax returns, so anything seven years old is safe to shred. Even more recent records can be shredded if you’re a little selective. Bank statements more than three years old are safe to shred, as are most cancelled checks. Does your bank make statements available online? Then shred them all.</li>
<li style="list-style: square; margin: 0px 0px 0px 15px; padding: 0px;"><strong>Unnecessary copies of important documents.</strong> Do you have your original will, trust, house deeds at hand? Put them in a safe place and shred all the copies you have lying around. They are more likely to confuse your family and heirs than to be helpful. But keep track of those originals, please — and keep the copies (of current documents ONLY) if you have already misplaced the originals.</li>
<li style="list-style: square; margin: 0px 0px 0px 15px; padding: 0px;"><strong>Appliance manuals.</strong> We know — the federal government is very clear about <a href="http://www.usa.gov/Topics/Money/Personal-Finance/Managing-Household-Records.shtml" style="color: #008e7f;" target="_blank" title="Another chance to review the federal government's suggestions">keeping these documents so long as you have the appliance</a>. That is probably because the federal government has not heard about the internet. And when you finally replace your refrigerator, will you remember to pull out the ten-year-old manual and send it with the appliance? Of course not. OK — keep the current ones if you want, but throw out the ones for appliances you have discarded over the years. At the same time you might hunt for that pile of now-useless remote controls and plug adapters, and throw them out, too.</li>
</ul>
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This is a good topic, and we will probably revisit it on another occasion. In the meantime, maybe you have your own suggestions for things you think people hold on to too long. But let us just make one more point about that federal government list of things to hold on to: we think the idea of writing down all your passwords and keeping them in a safe place is a mistake. And that’s another topic for a future entry.</div>
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Source: Written by Robert Fleming, Fleming & Curti PLC, Legal Issues Newsletter, 8/4/14.</div>
Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-86631403028029004722014-08-01T10:54:00.002-07:002014-08-01T10:54:18.023-07:00Avoid Problems of Do-It-Yourself Estate PlanningMany people only find out when it's too late that their estate plans contain costly errors. Mistakes aren't necessarily limited to lay people using do-it-yourself kits; inexperienced estate planners make mistakes too. Here are some overlooked issues that may occur without the advice of a practiced estate planning attorney.<br />
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Non-probate asset titling has increased in popularity over the years. The benefits of joint titling of assets and beneficiary designations are often overlooked when planning one's estate without professional help. For example, assets allowed to pass to designated beneficiaries upon the death of a principal include life insurance, trusts, joint tenancy with right of survivorship (JTROS) accounts, pay on death (POD) accounts, annuities and 401K/IRA accounts. These are all non-probate assets. However, virtually any asset, including a homestead, can be set up as a non-probate asset.<br />
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Though the documents are completely different, confusing a Will for a power of attorney and a Living Will is a common mistake. A Will expresses who will inherit your assets, and it goes into effect after you die. A power of attorney appoints an agent of your choosing to handle your financial affairs during your lifetime, and upon your death it becomes invalid. While modern medicine has increased longevity, diseases like Alzheimer's, Parkinson's and Dementia are creating financial hardships for many families. Having a properly drafted and executed POA, before mental capacity is lost, is essential for a family to be able to access and restructure assets when seeking eligibility for long-term care benefits. A Living Will, also known as a Directive to Physicians, is a document that controls decision making involving the use of life support.<br />
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Low cost estate planning kits offered on television commercials or Internet websites present a host of problems potentially costing a family thousands to hundreds of thousands of dollars. These kits contain one-size-fits-all forms into which you fill in the blanks. Using these documents jeopardizes the choices you thought you had carefully made. Here are a few issues that could arise.<br />
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Even if enforceable by the court, because of the document's form or phrasing, what you intended is open to challenge;<br />
What you intended may not be enforceable by the court;<br />
You did not intend what may otherwise be enforceable by the court;<br />
Though the document is correctly drafted and enforceable at the time of signing, the document may not account for changes in circumstances that would alter your intentions, making it potentially unenforceable;<br />
Though the document is correctly drafted and enforceable at the time of signing, you may be unaware of options, such as certain types of trusts, that would better protect your assets or reduce taxes;<br />
When you die, your Will could be challenged by an unhappy relative, forcing your heirs to hire an attorney in a costly probate battle.<br />
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Estate plans should be reviewed annually for updates and changes in the law, or, upon major life events, including birth, death, marriage and divorce, disability and large asset gains.<br />
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Don't put your life and your hard-earned assets into a cookie-cutter plan. Seek advice from an experienced estate planning attorney before you make some of the most important decisions of a lifetime.<br />
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<span style="font-size: xx-small;">Source: By Wesley E. Wright and Molly Dear Abshire, as published in the Houston Chronicle on June 18th, 2014</span>Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-66874219170447119762014-06-27T07:08:00.000-07:002014-06-27T07:08:08.971-07:00Casey Kasem's End-of-Life Drama: A Lesson for the Rest of Us<div _mce_style="margin-top: 0px; margin-bottom: 0px;" style="background-color: white;">
NEW YORK (Reuters Health) - The dysfunction and drama of the final months of Casey Kasem, a radio personality who died recently from complications of dementia, captured the interest of generations who listened over the years as he counted down the nation’s top pop.</div>
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But what Kasem did for four decades on the radio, says end-of-life planning expert Nancy Berlinger, is what he failed to do with his own family before dementia rendered him unable to communicate.</div>
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Kasem’s advance directive, stating he did “not desire any form of life-sustaining procedures, including nutrition and hydration,” assigned his daughter as surrogate healthcare decision-maker.</div>
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His daughter’s authority, however, was contested by her stepmother, Kasem’s wife. Allegations of kidnapping and starvation played out in courtrooms. Kasem’s wife performed a dramatic interpretation of a Biblical scene for news cameras, throwing raw meat in the street in exchange for her husband “to the wild rabid dogs”- her stepchildren.</div>
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Kasem’s situation was “a doozy of a case,” added Berlinger, lead author of The Hastings Center Guidelines, a framework for end-of-life decisions.</div>
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Kasem did take “two steps most people don’t,” Berlinger told Reuters Health. “He authorized a proxy decision-maker, and he gave specific information about treatment preferences.”</div>
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But, she pointed out, broadly-stated medical options in advance directives often require further considerations about real-life issues. “There may have been the assumption the document would have magically taken care of everything,” Berlinger said.</div>
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Kasem’s directive stated his wish for no life-sustaining treatment if it would “result in a mere biological existence, devoid of cognitive function.”</div>
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Berlinger said preferences should prompt patients and families to discuss points at which life loses individual meaning; examples include an inability to communicate or address hygiene. Those changes in condition can signal times when life-sustaining measures may be suspended. Without conversation, preferences may be unclear. “What does it mean to have ‘no cognitive function’?” Berlinger asks.</div>
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The way to answer that is to ask the patient directly, said Daniel Johnson, a Kaiser Permanente Care Management Institute palliative care specialist. “It’s not uncommon for people making decisions to do it alone,” Johnson told Reuters Health. “The problem is the best-laid plans depend not only on medical infrastructure, but infrastructure of the family.”</div>
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Johnson gathers key loved ones involved in patient care, so designated surrogates and those not selected understand reasons and values behind preferences. “When people take time to have discussions with family to ask the right questions with all important parties, you almost never see this,” he said.</div>
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Such dialogues are particularly vital in families like Kasem’s - involving second marriages and stepchildren, says elder law and estate planning attorney Michael Amoruso. “It’s not just blending family that is important, but ensuring relationships maintain themselves during stressful times,” he says. “If you don’t discuss, you are deferring the problem to a later day.”</div>
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That later day came for the Kasem clan, and it arrives even for the most “functional” of families, said Robert Fleming, an attorney and author of The Elder Law Answer Book. “I can drudge up one similarly emotionally fraught case for every year in 38 years of practice,” he told Reuters Health.</div>
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Conflict often arises between adult daughters- common choices, he says, for surrogate decision-makers. “The oldest blows into town and says ‘I can’t believe Mom ever meant that, and if I had talked to her she wouldn’t have done that,’” Fleming offers as a common scenario. “She thinks Mom assigned the youngest daughter because she stuck a form in front of her when she was over having coffee.”</div>
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These conversations should be initiated periodically by every responsible adult, Fleming said. He suggests a time-frame of every five years, as well as a dialogue to accompany every life change- whether it be in health status or a new spouse.</div>
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“There are some levels of family dysfunction that cannot be taken care of, but it certainly would have helped if Kasem had clearly expressed his preferences in a document shared in advance,” Fleming said.</div>
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Source: Reuters, by Randi Belisomo, June 16, 2014.s</div>
Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-91394050314052890402014-06-06T11:34:00.001-07:002014-06-06T11:34:21.213-07:00IRA Rollover Ruling <div style="color: #333333; font-family: arial, sans-serif; font-size: 12px; line-height: 18px; padding: 0px;">
Uncle Sam's Tax Court just ruled that the <span class="longword">one-rollover-per-year</span> rule applies to all of a taxpayer's IRAs rather than to each IRA separately. And that ruling, experts say, is in direct conflict with <a class="bingknowledgewidget" data-entityid="db648807-3be2-fcd0-5b3e-436b794c9629" data-explicit="true" data-filters="ufn%3a"internal revenue service"+sid%3a"db648807-3be2-fcd0-5b3e-436b794c9629"" data-form="BWEMON" data-formcodeinside="MSNBPN" data-height="290px" data-processed="true" data-processing="false" data-query="internal revenue service" data-type="snapshot~ss=1,ecasz=20,iiee=1" data-width="340px" href="https://www.bing.com/search?q=internal%20revenue%20service&filters=ufn%3a%22internal%20revenue%20service%22+sid%3a%22db648807-3be2-fcd0-5b3e-436b794c9629%22&FORM=BWEMON" rel="nofollow" style="color: black;">IRS</a> Publication 590, the bible for IRAs.</div>
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"Industry leaders, financial advisers, and everyone else who handles IRAs are stunned," said Denise Appleby, the editor and publisher of The IRA Authority.</div>
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<img alt="Close-up of a Banking Services Pamphlet © Keith Brofsky, Photodisc, Getty Images" class="imagefloatleft userImage lead" src="http://media-social.s-msn.com/images/blogs/1b66ab0337754d0e867633ef78ff35a6.jpg" style="float: left; margin: 0.333em 1.25em 1.25em 0px;" />According to Appleby, there are two ways to move money between IRAs:</div>
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<li>Transfers, which are not reported to the IRS and not reported on a tax return. The IRA owner never touches the money. You can do this as often as you like, whenever you like, Appleby said.</li>
<li>And rollovers. With this method, the IRA owner takes the money as a distribution and they have 60-days to rollover (put back) the amount in an IRA. And this, you can do only once per 12-month period, said Appleby.</li>
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According to Appleby, the IRS, through their publications and regulations, has said for at least 20 years that the rollover method applies on a "per-IRA" basis. In other words, if you have 10 IRAs, you can do 10 rollovers for the year (12-month period), as long as an IRA does it only once (or the year). </div>
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Here's the guidance found in <a href="http://www.irs.gov/publications/p590/ch01.html" style="color: #333333;" title="http://www.irs.gov/publications/p590/ch01.html">Publication 590</a>, which everyone viewed as gospel: </div>
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Generally, if you make a tax-free rollover of any part of a distribution from a traditional IRA, you cannot, within a one-year period, make a tax-free rollover of any later distribution from that same IRA. You also cannot make a tax-free rollover of any amount distributed, within the same one-year period, from the IRA into which you made the tax-free rollover. The one-year period begins on the date you receive the IRA distribution, not on the date you roll it over into an IRA.</h5>
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The IRS gives this example: You have two traditional IRAs, IRA-1 and IRA-2. You make a tax-free rollover of a distribution from IRA-1 into a new traditional IRA (IRA-3). You cannot, within 1 year of the distribution from IRA-1, make a tax-free rollover of any distribution from either IRA-1 or IRA-3 into another traditional IRA.</div>
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However, the rollover from IRA-1 into IRA-3 does not prevent you from making a tax-free rollover from IRA-2 into any other traditional IRA. This is because you have not, within the past year, rolled over, tax free, any distribution from IRA-2 or made a tax-free rollover into IRA-2.</div>
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Enter Alvan and Elisa Bobrow, who had a few IRAs.</div>
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In 2008, Alvan rolled over two distributions from his IRAs and took the position that the rollovers were valid because they were done in a timely manner, and involved different IRAs, Appleby wrote in her analysis of the court case. His position was that he had not broken any rules, as explained by the IRS in their publication for the past 20 years.</div>
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The IRS disagreed and determined that only one of the two rollovers was valid. So, Uncle Sam and the Bobrows went off to court. And the Tax Court — much to the surprise of all IRA experts — agreed with the IRS.</div>
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The mistake cost the Bobrows an additional $51,298 in income tax and a penalty of $10,260. Maybe they should be thankful; it could have cost them $31,000 more, according to Appleby. You can read the gory details in <a href="http://www.ustaxcourt.gov/InOpHistoric/BobrowMemo.Nega.TCM.WPD.pdf" style="color: #333333;" title="http://www.ustaxcourt.gov/InOpHistoric/BobrowMemo.Nega.TCM.WPD.pdf">Bobrow v. Comm’r, T.C. Memo. 2014-21</a>.</div>
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So what was the bottom line? In essence, only one of the Bobrow's distributions was eligible for rollover during the 12-month period. In fact, that Tax Court concluded that the Internal Revenue Code Section 408(d)(3)(B) limitation — the relevant section of the federal tax code — applies to all of a taxpayer's retirement accounts and that regardless of how many IRAs he or she maintains, a taxpayer may make only one nontaxable rollover contribution within each one-year period.</div>
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In other words, we've all been operating under the impression that what was written in Publication 590 — you know, the IRS’ very own publication — was correct. But it's not.</div>
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In fact, the Bobrow case highlights, according to Appleby, an important rule that we sometimes overlook: "If conflicting information is provided in multiple sources, one must consider the hierarchy and reliability of such sources. In this case, Publication 590 is not authoritative and is not considered official guidance. The Tax Code is the more authoritative, and supersedes any other guidance in the event of conflict."</div>
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<b>So what now?</b></div>
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Well, according to Appleby, the IRS will be changing its publications, changing what they have been saying for 20-plus years. The IRS will implement this change for everyone -- everyone except the Bobrows who have to pay those penalties, starting Jan. 1, 2015.</div>
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You should plan ahead so that — starting in 2015 — you avoid making two or more IRA-to-IRA rollovers during a 12-month period. This 12-month (one-year) period is not determined on a calendar-year basis. Instead, it starts when the IRA owner receives the distribution, Appleby said.</div>
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And, check with your IRA custodian. According to Appleby, they need to change their IRA agreements, because those agreements say what the IRS has been saying for years — which means they are wrong.</div>
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And finally, Appleby said individuals should start moving money via transfers and not rollovers. "There are too many pitfalls with rollovers and none with transfers," she said.</div>
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Source: www.money.msn.com, 4/4/14.</div>
Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-56367706666353118482014-03-27T12:44:00.001-07:002014-03-27T12:44:38.224-07:00Senate Bill Updates SSI and Would Help Elder Poor<h2 align="center" style="text-align: center;">
<b><span style="font-family: "Calibri","sans-serif";">WASHINGTON, DC</span></b><span style="font-family: Calibri, sans-serif;"> – The Supplemental Security Income
Restoration Act of 2014 was introduced in the U.S. Senate by Senators </span><span style="font-family: Calibri, sans-serif; font-size: 13.5pt;"><a href="http://salsa4.salsalabs.com/dia/track.jsp?v=2&c=ySxcKfPe50HsvCpuXiPWdg4iTg8fBpNX"><span style="font-size: 12.0pt;">Sherrod Brown (D-OH)</span></a></span><span style="font-family: Calibri, sans-serif;"> and </span><span style="font-family: Calibri, sans-serif; font-size: 13.5pt;"><a href="http://salsa4.salsalabs.com/dia/track.jsp?v=2&c=vw7seG08VXjfhowTI3SKUw4iTg8fBpNX"><span style="font-size: 12.0pt;">Elizabeth Warren (D-MA)</span></a></span><span style="font-family: Calibri, sans-serif;">. The <a href="http://salsa4.salsalabs.com/dia/track.jsp?v=2&c=j0H5RUGyMlFV%2FMSkwTJyHg4iTg8fBpNX">bill</a>,
championed by the National Senior Citizens Law Center (NSCLC),would fix key
elements of the Supplemental Security Income (SSI) program that currently make
life difficult for millions of low-income older adults.</span></h2>
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<span style="font-family: "Calibri","sans-serif";">“Millions of vulnerable Americans
who struggle just to get by depend on Supplemental Security Income to help take
care of their families, but inflation has significantly decreased the ability
to qualify for SSI benefits, hurting seniors, the disabled and blind, and more
than one million children,” said Sen. Brown. </span><o:p></o:p></div>
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<span style="font-family: "Calibri","sans-serif";">“SSI is a critical program that
helps millions of our poorest and most vulnerable citizens keep their heads
above water,” said Senator Warren . “I’m very pleased to join Senator Brown to
introduce the SSI Restoration Act, which will help strengthen SSI for families
who rely on these essential benefits.”</span><o:p></o:p></div>
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<span style="font-family: "Calibri","sans-serif";">The legislation would update rules such
as one that recognizes the value of past work by disregarding the first $20 of
Social Security Retirement or other monthly income when determining SSI
eligibility, a rule that hasn’t been updated in more than 40 years. The
SSI Restoration Act will increase the disregard to $110 to account for
inflation. The bill also increases the amount of resources an SSI
recipient can retain from $2,000 to $10,000 so that they can respond to
emergencies such as a home repair or the replacement of an old car. The bill
also eliminates the harsh provision that reduces the monthly benefit whenever
someone receives food or housing for less than fair market value from another
person, including family members. </span><o:p></o:p></div>
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<span style="font-family: "Calibri","sans-serif";">“We hear many stories from consumer
advocates about elderly SSI recipients who cannot pay for food, or needed
medical care because they exceeded the resource limit or received too much
support from a family member and lost part or all of their benefits,” said
NSCLC Executive Director Kevin Prindiville. “Sadly, some poor seniors
face homelessness when they lose even some of the already meager income SSI
provides.”</span><o:p></o:p></div>
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<span style="font-family: "Calibri","sans-serif";"><br /></span></div>
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<span style="font-family: "Calibri","sans-serif";">An identical bill, <a href="http://salsa4.salsalabs.com/dia/track.jsp?v=2&c=c0y3a8fhEOixhSZSwLU6kg4iTg8fBpNX">H.R.
1601</a>, was introduced in the House last April by <a href="http://salsa4.salsalabs.com/dia/track.jsp?v=2&c=5%2B8xO78rrtRVLM0maMqxRg4iTg8fBpNX">Rep.
Raul Grijalva (D-AR)</a> and has 13 co-sponsors. The House bill has been
endorsed by 50 national and local organizations, including NSCLC.</span><o:p></o:p></div>
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<span style="font-family: "Calibri","sans-serif";">“Recipients, their families and all
of us owe Sen. Brown and Sen. Warren many thanks for advancing one of the most
important fixes we can make to this program,” Rep. Grijalva said. “This
shouldn’t be a political football. Everyone agrees it can be improved, and they
agree on how badly it’s needed. The full Senate should take this bill up and
pass it as soon as possible, and the House should do the same.”</span><o:p></o:p></div>
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<span style="font-family: "Calibri","sans-serif";">SSI provides subsistence-level
income to two million older adults with very limited financial resources who are
either age 65 or over or cannot perform substantial work because of a severe
disability. More than two thirds of older adults receiving SSI payments are
women and one out of every three applying for the program has a primary
language other than English. </span><o:p></o:p></div>
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<span style="font-family: "Calibri","sans-serif";">“We hope that many others in the
Senate will join Sens. Brown and Warren as co-sponsors to help make these
needed changes into law this year,” Prindiville said. </span><o:p></o:p></div>
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<span style="font-family: "Calibri","sans-serif";">Source: National Senior Citizens Law Center</span></div>
Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-28151805719431383872014-02-28T10:48:00.001-08:002014-02-28T10:48:02.574-08:00ESTATE ADMINISTRATION<h1 class="title" style="background-color: white; border: 0px; color: #4b6975; font-family: Adamina, Times, serif; font-size: 30px; font-weight: normal; line-height: 40px; margin: 0px 0px 20px; padding: 0px; vertical-align: baseline;">
Estate Administration</h1>
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Estate administration is the process of managing and distributing a person’s property (the “estate”) after death. If the person had a will, the will goes through probate, which is the process by which the deceased person's property is passed to his or her heirs and legatees (people named in the will). The entire process, supervised by the probate court, usually takes about a year. However, substantial distributions from the estate can be made in the interim.</div>
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The emotional trauma brought on by the death of a close family member often is accompanied by bewilderment about the financial and legal steps the survivors must take. The spouse who passed away may have handled all of the couple's finances. Or perhaps a child must begin taking care of probating an estate about which he or she knows little. And this task may come on top of commitments to family and work that can't be set aside. Finally, the estate itself may be in disarray or scattered among many accounts, which is not unusual with a generation that saw banks collapse during the Depression.</div>
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Here we set out the steps the surviving family members should take. These responsibilities ultimately fall on whoever was appointed executor or personal representative in the deceased family member's will. Matters can be a bit more complicated in the absence of a will, because it may not be clear who has the responsibility of carrying out these steps.</div>
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First, secure the tangible property. This means anything you can touch, such as silverware, dishes, furniture, or artwork. You will need to determine accurate values of each piece of property, which may require appraisals, and then distribute the property as the deceased directed. If property is passed around to family members before you have the opportunity to take an inventory, this will become a difficult, if not impossible, task. Of course, this does not apply to gifts the deceased may have made during life, which will not be part of his or her estate.</div>
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Second, take your time. You do not need to take any other steps immediately. While bills do need to be paid, they can wait a month or two without adverse repercussions. It's more important that you and your family have time to grieve. Financial matters can wait. (One exception: Social Security should be notified within a month of death. If checks are issued following death, you could be in for a battle.</div>
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When you're ready, but not a day sooner, meet with an attorney to review the steps necessary to administer the deceased's estate. Bring as much information as possible about finances, taxes and debts. Don't worry about putting the papers in order first; the lawyer will have experience in organizing and understanding confusing financial statements.</div>
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The exact rules of estate administration differ from state to state. In general, they include the following steps:</div>
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1. Filing the will and petition at the probate court in order to be appointed executor or personal representative. In the absence of a will, heirs must petition the court to be appointed "administrator" of the estate.</div>
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2. Marshaling, or collecting, the assets. This means that you have to find out everything the deceased owned. You need to file a list, known as an "inventory," with the probate court. It's generally best to consolidate all the estate funds to the extent possible. Bills and bequests should be paid from a single checking account, either one you establish or one set up by your attorney, so that you can keep track of all expenditures.</div>
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3. Paying bills and taxes. If an state or federal estate tax return is needed---generally if the estate exceeds $1 million in value---it must be filed within nine months of the date of death. If you miss this deadline and the estate is taxable, severe penalties and interest may apply. If you do not have all the information available in time, you can file for an extension and pay your best estimate of the tax due.</div>
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4. Filing tax returns. You must also file a final income tax return for the decedent and, if the estate holds any assets and earns interest or dividends, an income tax return for the estate. If the estate does earn income during the administration process, it will have to obtain its own tax identification number in order to keep track of such earnings.</div>
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5. Distributing property to the heirs and legatees. Generally, executors do not pay out all of the estate assets until the period runs out for creditors to make claims, which can be as long as a year after the date of death. But once the executor understands the estate and the likely claims, he or she can distribute most of the assets, retaining a reserve for unanticipated claims and the costs of closing out the estate.</div>
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6. Filing a final account. The executor must file an account with the probate court listing any income to the estate since the date of death and all expenses and estate distributions. Once the court approves this final account, the executor can distribute whatever is left in the closing reserve, and finish his or her work.</div>
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Some of these steps can be eliminated by avoiding probate through joint ownership or trusts. But whoever is left in charge still has to pay all debts, file tax returns, and distribute the property to the rightful heirs. You can make it easier for your heirs by keeping good records of your assets and liabilities. This will shorten the process and reduce the legal bill.</div>
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<span style="font-family: inherit; font-size: xx-small; font-style: inherit; font-variant: inherit; font-weight: inherit;">www.elderlawanswers.com</span></div>
</div>
Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-89364679250720638812013-11-15T08:35:00.002-08:002013-11-15T08:35:22.227-08:00Century of Giving Philanthropy Contest Concludes for 2013<div align="center" class="MsoNormal" style="background: #005834; margin-bottom: 3.75pt; text-align: center;">
<span style="color: white; font-family: "Arial","sans-serif"; font-size: 28.0pt;">Century of Giving Philanthropy Contest Concludes for 2013<o:p></o:p></span></div>
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<span style="font-family: Arial, sans-serif; font-size: 14pt;">Long
Islanders have voted for the final time in 2013, and have selected the Suffolk
County Chapter of the AHRC as the winner of the Century of Giving contest,
sponsored by Davidow, Davidow, Siegel & Stern.<o:p></o:p></span></div>
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<span style="font-family: Arial, sans-serif; font-size: 14pt;">"We are grateful to all Long
Islanders who cast ballots online and endorsed these three deserving non-profit
organizations," declared Lawrence Davidow, Senior and Managing Partner of
the firm. AHRC Suffolk will be awarded $5,000 from the law firm.<o:p></o:p></span></div>
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<span style="font-family: Arial, sans-serif; font-size: 14pt;">"We are pleased to have been
nominated for the Century of Giving initiative, and our recognition as a
recipient is deeply gratifying," announced Director of Development, J.
Andreassi. "The award will be used to continue to support individuals
and families impacted by intellectual and other developmental
disabilities."<o:p></o:p></span></div>
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<span style="font-family: Arial, sans-serif; font-size: 14pt;">Mr. Davidow added that the other
two Century of Giving nominees are essential to supporting Long Islanders with
special needs and their families. "The Long Island Advocacy Center
and the Viscardi Center both serve thousands of families and individuals
impacted by special needs," stated Mr. Davidow. "Their
contribution to our community is outstanding, and we wish to recognize their
support.<o:p></o:p></span></div>
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<span style="font-family: Arial, sans-serif; font-size: 14pt;">The Century of Giving initiative
was created by the Law Firm of Davidow, Davidow, Siegel and Stern to celebrate
the law firm's centennial on Long Island. The firm designed a
philanthropic celebration to recognize non-profits that mirror the firm's
mission: serving seniors and special needs populations.<o:p></o:p></span></div>
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<span style="font-family: Arial, sans-serif; font-size: 14pt;">The final phase coincided with
the celebration of "Special Needs Law Month", a recognition offered
by the National Academy of Elder Law Attorneys, of which the law firm is a
member. The previous two phases of Century of Giving recognized organizations
serving Long Island seniors, and awarded $5,000 to two of the non-profits that
were selected by Long Islanders.<o:p></o:p></span></div>
Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-19668877097945161642013-10-11T10:10:00.003-07:002013-10-11T10:10:54.380-07:00Century of Giving Promotion Announces Phase III Nominees<div class="MsoNormal" style="line-height: 150%;">
The Law Firm of Davidow, Davidow,
Siegel and Stern (DDSS) announced the Phase III nominees for <a href="http://www.davidowcenturyofgiving.org/">“Century of Giving”,</a> a philanthropic
endeavor created to recognize and reward Long Island charities for the good
works performed for local seniors and individuals with special needs. <o:p></o:p></div>
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Managing Partner Lawrence Davidow stated, “It is our
privilege to recognize the wonderful contributions of the following three non-profits,
and to single them out as eligible nominees within the Century of Giving
program: The SuffolkAssociation for the Help of Retarded Children (AHRC); The Long Island Advocacy Center; and the <span style="line-height: 150%;">The Viscardi Center and School.”</span></div>
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<o:p></o:p></div>
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Mr. Davidow added, “These three non-profit
organizations have made a difference in the lives of so many individuals with
special needs and their families on Long Island. While we can only select a
single final recipient for the $5,000 award within the category of ‘organizations
serving those with special needs’, we appreciate and acknowledge the good works
performed by all our nominees.”<span style="line-height: 150%; text-align: center;">The Century of Giving promotion
celebrates the law firm’s centennial anniversary by recognizing worthy charities, and permits the public to vote for the charity </span><span style="line-height: 150%; text-align: center;">which most deserves the $5,000
award donated by DDSS (vote at </span><a href="http://www.davidowcenturyofgiving.org/" style="line-height: 150%; text-align: center;">Davidow
Century of Giving</a><span style="line-height: 150%; text-align: center;">). The organizations have been selected with the expertise
and guidance of the Long Island Community Foundation (LICF), and the pool of
nominees serves the same populations as DDSS: seniors or those with special
needs.</span></div>
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<o:p></o:p></div>
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The promotion has been funded by
DDSS, with LICF managing the fund and providing a comprehensive review of each
nominee. “This is a wonderful philanthropic endeavor created by the 100
year-old law firm, and we were pleased to be the stewards of this initiative,”
stated David M. Okorn, Executive Director of LICF. <o:p></o:p></div>
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The promotion has three phases:
phase I, conducted in April and May, recognized select non-profits that have
provided a range of human services for seniors; phase II –
nominated organizations that combat specific health conditions among senior
populations; and currently phase III nominates those organizations that have helped
special needs populations. <o:p></o:p></div>
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Mr. Davidow concluded, “There is no
more appropriate celebration for our hundred-year anniversary than one which recognizes
organizations that share in our mission of helping seniors or individuals with
special needs here on Long Island.”<o:p></o:p></div>
Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-43447395491848583472013-07-19T11:45:00.003-07:002013-07-19T11:45:40.107-07:00Century of Giving Phase II Winner Announced<div style="background-color: white; font-size: 19px;">
<div style="font-family: 'French Script MT', 'Bradley Hand ITC', 'Monotype Corsiva', 'Times New Roman', Times, serif; font-size: 26pt;">
Celebrating 100 Years 1913-2013</div>
<div style="font-family: 'French Script MT', 'Bradley Hand ITC', 'Monotype Corsiva', 'Times New Roman', Times, serif; font-size: 26pt;">
<a href="" shape="rect">Davidow, Davidow, Siegel & Stern, LLP</a></div>
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<br /></div>
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The votes are in, and Long Islanders have declared the Alzheimer's Disease Resource Center of New York to be the winner of the second phase of the 2013 Century of Giving philanthropic contest.<br />
<br />
"We are pleased to announce that Alzheimer's Disease Resource Center of NY has received the most votes within our category of 'Helping Seniors with Specific Health Conditions', and will be awarded $5,000 from the law firm of Davidow, Davidow, Siegel & Stern," announced Managing Partner Lawrence Davidow.<br />
<br />
"It is our pleasure to accept the Century of Giving recognition and the donation," declared Mary Ann Malack-Ragona, Executive Director of the Alzheimer's Disease Resource Center. "We are honored to have been selected, and we look forward to using these funds to support additional Long Island families impacted by Alzheimer's Disease."<br />
<br />
Mr. Davidow added that the other two Century of Giving nominees also have assisted Long Island seniors in significant ways. "The Arthritis Foundation of Long Island and The American Parkinson Disease Association's Information & Resource Center on Long Island are renowned for historic assistance provided to Long Island's elder populations with health concerns. We salute them for their inspiring efforts and encourage support of these worthy charities," he noted.<br />
<br />
The competition will conclude with a new Phase III nomination of other local non-profit organizations that are focused on Special Needs. Stay tuned to find out the latest nominees and then log on to the Century of Giving website and vote!</div>
Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-21320414946391843402013-04-26T08:30:00.002-07:002013-04-26T08:30:27.583-07:00Google Develops 'digital will'Google has a way to ensure your data dies when you do.<br />
<br />
The international tech giant, best known for its much-used search engine, has launched an Inactivity Account Manager, a "digital will" of sorts that allows users to determine what to do with their online "digital assets" once it's no longer needed.<br />
<br />
The account manager, which can be activated by a new setting on a Google account page, will also allow the user to have their data expunged after three, six, nine or 12 months of inactivity and users can also designate "trusted contacts" to receive the data.<br />
<br />
"Not many of us like thinking about death - especially our own. But making plans for what happens after you're gone is really important for the people you leave behind. So today, we're launching a new feature that makes it easy to tell Google what you want done with your digital assets when you die or can no longer use your account," product manager Andreas Tuerk wrote in a posting on Google's publicity blog.<br />
<br />
"We hope that this new feature will enable you to plan your digital afterlife - in a way that protects your privacy and security - and make life easier for your loved ones after you're gone," Tuerk added.<br />
<br />
In the same vein, but with a twist, a new online app allows people to keep tweeting posthumously. LivesOn makes it possible by tweeting for you after you've died.<br />
<br />
The Twitter app, which came out in March, examines your tweets to learn about your tweeting patterns and creates tweets of its own in your, uh, memory.<br />
<br />
It examines your tweets while you're alive, learns about your tweeting patterns and then generates its own to match after you're gone.<br />
<br />
An executor, named by users before their demise, notifies the server and then takes control of the account.<br />
<br />
Source: www.thestar.com/life/technology; written by Bruce DeMara, 4/12/13<br />
<br />
As you can see, there are many aspects of your life that need to be considered when it comes to advance planning. We have stressed for years how important it is to plan early so that you can get everything in order the right way, the first time. Working side by side with our firm will provide you with great peace of mind and eliminate uncertainties and mistakes that can destroy a family, not only financially, but emotionally.<br />
<br />
If you have completed your planning, we salute you and remind you to check in with us every now and then as life's circumstances continuously change. If you haven't, we invite you to begin the process. Start with attending one of our upcoming free seminars!Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-76839854686763619492013-03-18T10:50:00.002-07:002013-03-18T10:50:58.001-07:00<table border="0" cellpadding="0" cellspacing="0" class="MsoNormalTable" style="mso-cellspacing: 0in; mso-padding-alt: 0in 0in 0in 0in; mso-yfti-tbllook: 1184; width: 100%px;">
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Your Special Needs Trust ("SNT") Defined <o:p></o:p></span></b></div>
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<span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">You have a
special needs trust— or you have been designated as the trustee of a special
needs trust— or your child has a special needs trust. What is a trust? What
is a trustee? What is a beneficiary? What are all these terms you've never
used before even though your first language is English? This article provides
you with an overview of the more common terms found in your special needs
trust.<o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">What
is a Trust?</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">
A trust is a legal arrangement in which a person or a financial institution,
called the <em>trustee</em>,
holds and manages assets for the <em>beneficiary</em>
(see definition below). The trust document explains the trustee's authority,
how the trust is to benefit the beneficiary, and how and when the trust is to
terminate. There are many types of trusts, but this article is focusing on a
specific type of trust—a special needs trust.<o:p></o:p></span><br />
<div class="MsoNormal">
<span style="font-family: "Arial","sans-serif"; font-size: 9.0pt; mso-fareast-font-family: "Times New Roman";">A <strong>special needs trust (SNT)</strong> is a trust
that will preserve the beneficiary's eligibility for needs-based government
benefits such as Medicaid and Supplemental Security Income (SSI). Because the
beneficiary does not own the assets in the trust, he or she can remain
eligible for benefit programs that have an asset limit. As a general rule the
trustee will supplement the beneficiary's government benefits but not replace
them. Examples of supplemental needs are costs for sitters, companions, and
dental or medical expenses not covered by Medicare or Medicaid.<o:p></o:p></span></div>
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<span style="font-family: "Arial","sans-serif"; font-size: 9.0pt; mso-fareast-font-family: "Times New Roman";">A <strong>first-party SNT</strong>, also referred to as a
"self-settled" or "(d)(4)(A) trust," is funded with
assets or income that belong to an individual with a disability (see
definition below) and who is the beneficiary of the trust. In order for the
assets of this type of trust not to count for Medicaid or SSI purposes,
federal law requires that the beneficiary must be under the age of 65 when
the trust is created and funded; the trust must be irrevocable and provide
that Medicaid will be reimbursed upon the beneficiary's death or upon
termination of the trust, whichever occurs first; and the trust must be
administered for the sole benefit of the beneficiary. Typically the funding
comes from a personal injury settlement or inheritance the beneficiary
receives directly.<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: "Arial","sans-serif"; font-size: 9.0pt; mso-fareast-font-family: "Times New Roman";">A <strong>third-party SNT</strong>, frequently referred to
as a supplemental needs trust, is funded with assets belonging to a person
other than the beneficiary. In fact, no funds belonging to the beneficiary
may be used to fund the trust. Typical funding comes from gifts, an
inheritance from parents or grandparents, and proceeds of life insurance
policies. This trust has no provisions to pay back Medicaid upon the trust's
termination; rather, the person creating the trust decides how the trust
estate is distributed when the beneficiary dies. <o:p></o:p></span></div>
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">The
following terms are commonly found in first-party and third-party special
needs trust agreements:</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;"><o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Grantor</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;"> — A grantor is the
person who creates and funds the trust. This person is also commonly referred
to as a settlor or trustor. In first-party SNTs, the grantor is actually the
beneficiary because the law requires that the trust be funded with the
beneficiary's own money, but that it be established by a parent, grandparent,
legal guardian or a court. In third-party SNTs, the grantor is anyone other
than the beneficiary, usually a parent or other family member. <o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Trustee</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;"> — A trustee is the
person or entity who manages the trust assets and administers the trust
provisions. A trustee can be a family member, friend or colleague of the
beneficiary, a professional, or a combination of the two. A professional
trustee generally is a corporate trust department or an attorney. It is
common for more than one person to serve as trustee at the same time. <o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Successor
Trustee</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">
— A successor trustee is nominated in the trust agreement and is the person
or entity to take over when the initial trustee is no longer able to serve.
The trust agreement usually has specific requirements that the successor
trustee must satisfy before assuming the trustee role. <o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Beneficiary</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;"> — A beneficiary is
the person for whose benefit the trust is established. In first-party SNTs,
the beneficiary must be a person who is classified as disabled by the Social
Security Administration (SSA). In some states, the beneficiary of a
third-party special needs trust must also be a person with a disability.<o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Remainder
beneficiary</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">
— When the trust ends (usually upon the beneficiary's death), the remainder
beneficiaries are the individuals who will receive any remaining trust
assets. In first-party SNTs, the state's Medicaid division is typically the
first remainder beneficiary (note that in some states, Medicaid is not considered
a beneficiary but rather a creditor). After Medicaid is reimbursed for the
services it provided to the beneficiary, if trust assets still remain, they
usually pass to the beneficiary's estate, or in some cases to persons named
as remainder beneficiaries in the trust instrument. In third-party SNTs, the
grantor of the trust decides who the remainder beneficiaries are. Medicaid
should never be named as a remainder beneficiary of a third-party SNT. <o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Compensation</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;"> — Unless the trust
agreement states otherwise, trustees are usually entitled to compensation for
their services. Compensation is usually set forth in state law. If a
corporate trustee is serving, it usually receives a fixed amount, based upon
the value of the trust estate. All compensation is reportable as taxable
income to the trustee. <o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Trust
Estate</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">
— The trust estate consists of assets placed into the trust and managed by
the trustee for the benefit of the beneficiary. It also includes income
earned from invested trust assets.<o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Schedule
A</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">
— Also known as a schedule of assets, Schedule A identifies all of the assets
owned by your trust. It is important for the trustee to keep this schedule up
to date.<o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Irrevocable</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;"> — An irrevocable
trust is a trust that cannot be revoked or changed. All first-party SNTs must
be irrevocable. A third-party SNT can be either irrevocable or revocable.<o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Revocable</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;"> — A revocable trust
is a trust in which the grantor can revoke or change the trust terms at any
time. Only third-party SNTs can be revocable. Revocable trusts usually become
irrevocable no later than the death of the grantor, if not sooner.<o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Testamentary</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;"> — A testamentary
trust is a trust created under a last will & testament and is not funded
until the death of the person who created the will. A testamentary trust can
only be a third-party SNT. <o:p></o:p></span><br />
<strong><i><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Inter
vivos</span></i></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">
— "<em>Inter vivos</em>"
is a Latin term that means "among the living" or "during
life." An <em>inter vivos</em>
trust is a trust established during the lifetime of the person creating the
trust. All first-party SNTs are <em>inter
vivos</em>. An <em>inter
vivos</em> third-party SNT can be revocable or irrevocable. <o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Disability</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;"> — The beneficiary
of a first-party SNT must have a disability recognized by section 1614(a)(3)
of the Social Security Act. You can visit <a href="http://www.specneeds.org/t/2183167/47178/1678/0/">http://www.ssa.gov/disability/professionals/bluebook/</a>
for a complete list of SSA-recognized disabilities for adults and children.<o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Bond
or Surety</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">
— At times, a trustee is required to obtain a bond, which provides protection
to the beneficiary against the possibility of fraud, negligence or loss of
trust assets by the trustee. A bond is similar to an insurance policy in that
if the trustee negligently or fraudulently lost trust assets, the bonding
company agrees to pay a specified amount of money to reimburse the trust.
Frequently when family members are serving as trustee, courts or Medicaid
will require the trustee to obtain a bond. <o:p></o:p></span><br />
<strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;">Accounting</span></strong><span style="font-family: "Arial","sans-serif"; font-size: 9.0pt;"> — The accounting is
an explanation of the trust activity for a specified time period (usually a
year). The accounting is prepared by the trustee, or an accountant or
attorney hired by the trustee to prepare the accounting on the trustee's
behalf. The accounting can be simple or very detailed. It is important to
review the language in the trust agreement to know what the accounting
requirements are. For example, in addition to providing the accounting to the
beneficiary, the trustee may need to file the accounting with the court, the
Social Security Administration or the state Medicaid agency. <o:p></o:p></span><br />
<div class="MsoNormal">
<span style="font-family: "Arial","sans-serif"; font-size: 9.0pt; mso-fareast-font-family: "Times New Roman";">Special needs trusts are complex.
The language used in special needs trusts can vary greatly from one trust
agreement to another and from state to state. It is essential for trustees
and trust beneficiaries to understand the terms in the written trust
agreement. A legal professional experienced in special needs planning can
ensure that the trust document will meet the needs of the trust beneficiary,
the person who is funding the trust and the trustee who is administering the
trust. <o:p></o:p></span></div>
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<span style="font-family: Arial, sans-serif; font-size: 9pt;"> "Reprinted with
permission of the Special Needs Alliance - </span><a href="http://www.specneeds.org/t/2183167/47178/1602/0/" style="font-family: Arial, sans-serif; font-size: 9pt;">www.specialneedsalliance.org</a><span style="font-family: Arial, sans-serif; font-size: 9pt;">."</span><br />
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Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-28957529557205056552013-02-15T11:54:00.005-08:002013-02-15T11:54:56.310-08:00Five Myths about Medicaid's Long-Term Care Coverage<h1 class="title">
</h1>
<!-- article --><div class="article">
While Medicare gets most of the news coverage, Medicaid still remains a bit of mystery to many people. The fact is that Medicaid is the largest source for funding nursing home care, but there are many myths about exactly who qualifies for it and what coverage it provides. Here are five myths followed by the real story.</div>
<div class="article">
<ol>
<li><strong>Medicare will cover my nursing home expenses</strong>. Medicare's coverage of nursing home care is quite limited. Medicare covers only up to 100 days of "skilled nursing care" per illness. To qualify, you must enter a Medicare-approved "skilled nursing facility" or nursing home within 30 days of a hospital stay that lasted at least three days. The care in the nursing home must be for the same condition as the hospital stay.<strong><br /></strong></li>
<li><strong>You need to be broke to qualify for Medicaid</strong>. Medicaid helps needy individuals pay for long-term care, but you do not need to be completely destitute to qualify. While in general a Medicaid applicant can have no more than $2,000 in assets to in order to qualify, this figure is higher in some states and there are many assets that don't count toward this limit. For example, the applicant's home will not be considered a countable asset for eligibility purposes to the extent the equity in the home is less than $536,000, with the states having the option of raising this limit to $802,000 (in 2013). In all states, the house may be kept with no equity limit if the Medicaid applicant's spouse or another dependent relative lives there. In addition the spouse of a nursing home resident may keep one half of the couple's joint assets up to $115,920 (in 2013). For more information on Medicaid’s asset rules, <a href="http://www.elderlawanswers.com/medicaids-asset-rules-12016" target="_blank">click here</a>. </li>
<li><strong>To qualify for Medicaid, you should transfer your money to your children.</strong> Medicaid law imposes a penalty on people who transfer assets without receiving fair value in return. This penalty is a period of time during which the person transferring the assets will be ineligible for Medicaid, and the length of the penalty period is determined, in part, by the amount of money transferred. The state will look at all transfers made within five years before the application for Medicaid. That doesn't mean that you can't transfer assets at all -- there are exceptions (for example, applicants can transfer money to their spouses without incurring a penalty). However, before transferring any assets, you should talk to an elder law attorney. For more information on Medicaid’s asset transfer rules, <a href="http://www.elderlawanswers.com/medicaids-asset-transfer-rules-12015" target="_blank">click here</a>. </li>
<li><strong>A prenuptial agreement will protect my assets from being counted if my spouse needs Medicaid</strong>. A prenuptial agreement only works to keep property separate in the event of death or divorce. It does not keep your property separate for purposes of Medicaid eligibility. </li>
<li><strong>I can give away up to $14,000 a year under Medicaid rules</strong>. You can give away up to $14,000 a year without incurring a gift tax. Under Medicaid law, a gift of $14,000 or any other significant amount could trigger a penalty period if it was made within the five-year look-back period.</li>
</ol>
</div>
Before applying for Medicaid, it is crucially important to consult with an elder law attorney.<br />
<br />
<span style="font-size: x-small;">Source: </span><a href="http://www.elderlawanswers.com/"><span style="font-size: x-small;">www.elderlawanswers.com</span></a>Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com1tag:blogger.com,1999:blog-6967404255244576648.post-87578518305086420602013-01-30T09:25:00.002-08:002013-01-30T09:33:15.481-08:002013 is our 100th Anniversary!<span style="font-family: Times, "Times New Roman", serif;"><span style="font-family: inherit;"><strong>Davidow, Davidow, Siegel & Stern was originally founded by Harry A. Davidow in 1913. The firm later expanded with the addition of Harry's two sons, Sanford and Wallace and then his grandson, Lawrence, who currently serves as Managing Partner.</strong></span> </span><div style="font-size: 18pt; margin-bottom: 0px; margin-top: 0px;">
</div>
<br />
<div style="font-size: 18pt; margin-bottom: 0px; margin-top: 0px;">
<span style="font-size: small;">Located in the Davidow's hometown of Patchogue, New York, the law firm
functioned as a general practice firm, catering to a multitude of business and
personal needs of local clients. Above all else, the philosophy of the firm was
to service its clients with the highest degree of excellence, confidentiality
and reliability. Although time has brought many changes, this ideology has
never waned; in fact, it is the foundation on which the firm continues to
grow.</span></div>
<br />
<div style="font-size: 18pt; margin-bottom: 0px; margin-top: 0px;">
</div>
<br />
<div style="font-size: 18pt; margin-bottom: 0px; margin-top: 0px;">
<span style="font-size: small;">Today, now operating in the more centralized location of Islandia,
Lawrence Davidow has redirected the firm into one of the first and most
successful Elder Law, Special Needs, Estate and Business Planning practices on
Long Island. Although the firm has grown with new partners and new directions,
it continues to be deeply committed to providing excellent customer service
which has been the hallmark for ONE HUNDRED YEARS.</span></div>
<br />
<div style="font-size: 18pt; margin-bottom: 0px; margin-top: 0px;">
</div>
<br />
<div style="font-size: 18pt; margin-bottom: 0px; margin-top: 0px;">
<span style="font-size: small;">In order to celebrate this incredible milestone, Davidow, Davidow,
Siegel & Stern has put together a year long, charitable promotion entitled,
"Century of Giving." We will provide you with all of the details and invite you
to join in our birthday celebration when the promotion is launched.</span></div>
Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com1tag:blogger.com,1999:blog-6967404255244576648.post-29175816098357655992013-01-02T00:11:00.000-08:002013-01-02T00:11:00.335-08:00Planning for unmarried and same-sex couplesNew York is only one of four states that still has not defined what marriage consists of, leaving many couples confused and unprepared for the future. The majority of the other states define marriage as a union between one man and one woman. This issue may not seem important, but there are over fifteen hundred federal and state laws (including child visitation rights, power of attorney, and tax benefits) in which benefits, rights and privileges are contingent on marital status.<br />
New York has made the news recently because of the landmark decision of Hernandez v. Robles which holds that denying marriage to same-sex couples violates New York’s constitutional guarantees of equality, liberty and privacy for all New Yorkers. The trial court decided the case in February 2005 and the case was appealed to the appeals court with oral arguments scheduled to start in the fall. The trial court decision means that the New York City clerk may no longer deny marriage licenses to same-sex couples. Since the case was appealed, the judge’s decision is not yet valid.<br />
State Supreme Court Justice Doris Ling reasoned it unfair that in New York the "plaintiffs couples may not own property by their entireties; file joint state income tax returns; obtain health insurance through a partner's coverage; obtain joint liability or homeowner's insurance; collect from a partner's pension benefits; have one partner of the two-women couples be the legal parent of the other partner's artificially inseminated child, without the expense of an adoption proceeding; invoke the spousal evidentiary privilege; recover damages for an injury to, or the wrongful death of, a partner; have the right to make important medical decisions for a partner in emergencies; inherit from a deceased partner's intestate estate; or determine a partner's funeral and burial arrangements."<br />
In addition to marriage, New York has no laws either allowing or prohibiting domestic relation agreements or civil unions between same-sex couples. Unlike marriage, civil unions and domestic partnerships are invalid outside the state in which they occur and do not provide any federal marriage benefits. Because New York does not have any civil union laws giving certain rights to gay and lesbian couples, it is important to create a domestic relationship agreement with the help of a knowledgeable estate planning attorney.<br />
It is crucial to plan ahead because unmarried partners face a lot more obstacles than their married counterparts. Issues that affect domestic partners such as power of attorney have recently surfaced in the wake of Terri Schiavo case. In addition, if you plan on sharing all or even a part of your estate with your partner, it is critical that the details are recorded in a written document. If you are currently living together with a partner, it may be necessary and surely advisable to speak to a specialized estate planning attorney to help create a domestic relationship agreement to ensure that you and your loved ones are protected.Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-30624755325991346522012-12-12T08:27:00.001-08:002012-12-12T08:27:10.224-08:00MEDICARE COVERAGE RULES CHANGED<br />
<span style="font-size: large;">In a major change in Medicare coverage rules, the Obama Administration has agreed to settle a class action lawsuit and end Medicare’s longstanding practice of requiring that beneficiaries with chronic conditions and disabilities show a likelihood of improvement in order to receive coverage of skilled care and therapy services.</span><br />
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<span style="font-size: large;">The policy shift will affect beneficiaries with conditions like multiple sclerosis, Alzheimer’s disease, Parkinson’s disease, ALS (Lou Gehrig’s disease), diabetes, hypertension, arthritis, heart disease, and stroke.</span><br />
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<span style="font-size: large;">For decades, home health agencies and nursing homes that contract with Medicare have routinely terminated the Medicare coverage of a beneficiary who has stopped improving, even though nothing in the Medicare statute or its regulations says improvement is required for continued skilled care. Advocates charged that Medicare contractors have instead used a “covert rule of thumb” known as the “Improvement Standard” to illegally deny coverage to such patients. Once beneficiaries failed to show progress, contractors claimed they could deliver only custodial care, which Medicare does not cover. </span><br />
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Source: www.elderlawanswers.com<br />
Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-72897732340542296472012-11-15T08:21:00.002-08:002012-11-15T08:21:39.532-08:00The IRA as Inheritance by Jane Bryant Quinn<br />
Do you have an individual retirement account (IRA) that you're leaving to your kids? Or - flip that - do you expect to inherit an IRA? Read this column carefully. It could save you a ton of money in income taxes.<br />
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Mistakes are painfully common when IRAs are passed to heirs, says Ed Slott, author of <i>The Retirement Savings Time Bomb...and How to Defuse It</i>. One wrong move and the entire IRA will be taxed rather than tax-deferred. Even financial professionals don't always know the rules, Slott says. <br />
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An IRA's greatest gift is long-term tax shelter. The money you put in the plan is invested in mutual funds. All the earnings -- interest, dividends and capital gains -- grow tax-deferred. With traditional IRAs, your heirs will owe income taxes when they take money out of the account. With Roth IRAs, the money comes tax-free. In either case, the best strategy for heirs is to leave as much money as possible in the account. The tax-sheltered growth of those investments could continue for years, even decades. Here's what you and your heirs need to know.<br />
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<b>A spouse inherits</b><br />
Let's start with the easiest case: You're a spouse who inherits an IRA from your husband or wife. You can put the IRA in your own name ("retitle" it) -- that's the simplest way -- or roll the money, tax-free, into a new IRA, also in your name.<br />
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If it's a traditional IRA, you can leave the money alone until you reach age 70 1/2 ,when required withdrawals begin. With a Roth IRA, any money you don't need can stay in the Roth for the next generation.<br />
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There's a tax wrinkle for younger spouses. If you need some of that IRA money, you'll potentially owe a 10 percent penalty, as long as you're under 59 1/2. You can avoid the penalty, however, by retitling the account as an "inherited IRA."<br />
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The rules on retitling are very specific. As an example, say that John Jones dies, leaving his IRA to his young wife, Mary Jones. The account should be retitled "John Jones IRA (deceased Aug. 1, 2012) for the benefit of Mary Jones, beneficiary." Once that's done, Mary can start taking money, penalty-free.<br />
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There's one more step -- younger wives, please note. When Mary reaches age 59 1/2, she should retitle the account again, this time in her name alone. That lets her defer any further withdrawals until she reaches 70 1/2. If she doesn't take this step, withdrawals must start when her late spouse would have reached 70 1/2.<br />
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<b>A child or non-spouse inherits</b><br />
Now, take the case of inheritors who are not spouses. Say you're a child receiving an IRA from a parent. You cannot roll the money into an IRA in your own name. If you decide to cash out, two bad things happen: (1) You'll owe income taxes, if it's a traditional IRA. (2) You will lose the glorious, multi-year (even multi-decade) tax shelter that an inherited IRA can provide.<br />
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So you, too, should retitle the account as an "inherited IRA." For example, say John Jones leaves his IRA to his daughter, Joan. Joan should retitle it "John Jones IRA (deceased Aug. 1, 2012) for the benefit of Joan Jones, beneficiary." If the money will be divided among heirs, each recipient should retitle his or her share. Every year, you're required to make a minimum withdrawal, based on your age, but can take more if you want. Remember, withdrawals are taxed; the rest accumulates tax-deferred.<br />
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Now let's say that Joan dies, naming her son, Jack, as beneficiary. Jack can retitle the account as an inherited IRA and complete the withdrawals on the same schedule that Joan began. The family tax deferrals could last for decades more!<br />
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What if you inherit a 401(k)? That, too, can be retitled as an inherited IRA.<br />
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Correct titling is critical, says James Lange, author of <i>Retire Secure! Pay Taxes Later</i>. If you get it wrong, you'll be taxed immediately, on the whole amount. The lawyer who handles the will can help heirs retitle. Or send a letter to the mutual fund group that holds the IRA, specifically asking that it create a separate "inherited IRA" for each beneficiary. <br />
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Bottom line: Anyone holding an IRA or 401(k) should leave a note explaining the importance of retitling. You want your heirs to get as much tax deferral as they can from the money you leave them.<br />
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<span style="font-size: x-small;"><i>This article originally appeared in the aarp.org/bulletin, October 2012. Jane Bryant Quinn is a personal finance expert and author of Making the Most of Your Money NOW. </i></span><br />
Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-9359893094297139672012-10-12T10:33:00.002-07:002012-10-12T10:33:10.220-07:00Romney's Plans for Medicaid<br />
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As the presidential campaign unfolds, the differences in approaches to Medicare by President Barack Obama and Republican nominee Mitt Romney have taken center stage. But what is getting far less scrutiny: Romney's plans for Medicaid. He would convert the health care program for the poor, disabled and elderly into a block grant to the states and sharply reduce funding over time. Middle-class Americans should be especially wary, since it's Medicaid, not Medicare, that covers nursing home care for aged and infirm parents and grandparents. Without Medicaid's safety net, it isn't clear what those Americans would do, and Romney doesn't have any good answers.</div>
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It's an understandable confusion. People think that since Medicare covers medical services for people over 65, it also pays for nursing home care for elderly people. Medicaid is thought of as a poverty program that provides medical coverage to poor families. But Medicaid is the program that provides long-term care to the elderly and disabled, which accounts for 31 percent of the program's $400 billion annual federal and state spending. Most of the nation's 1.8 million nursing home residents, including more than 77,000 Floridians, rely on Medicaid to pay their bills.</div>
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Medicaid's nursing home beneficiaries are not necessarily poor people. During their working years they may have lived productive middle-class lives until becoming infirm and quickly exhausting their assets. No matter how assiduously families save for retirement, there aren't many who could long afford the steep costs of a residential nursing home that can run an average of $80,000 a year. Without Medicaid's essential safety net, members of this vulnerable population would be on their own or might be forced to live with relatives ill equipped to care for their intensive needs.</div>
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There is an irony to Romney running mate Paul Ryan's applause line at the Republican National Convention last month that "the truest measure of any society is how it treats those who cannot defend or care for themselves." It was Ryan who authored the plan to convert Medicaid from a strong federal-state entitlement to a block grant program to the states that Romney has incorporated into his campaign. The plan, passed as a budget blueprint by the Republican-controlled House, would gut Medicaid's safety net and focus instead on cutting funds. The nonprofit Center for Budget and Policy Priorities says Medicaid funding would decline by one-third by 2022 under Ryan's plan.</div>
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To make up the difference, states that are already struggling under Medicaid's rising costs would have to add substantial state money to the program or - more likely - utilize the new flexibility Romney promises to pare back eligibility, reimbursements and enrollment. Estimates are that states would drop between 14 million and 27 million people from Medicaid by 2021, according to the Urban Institute. In addition, Romney's promise to repeal President Barack Obama's health care reform law would impact Medicaid by eliminating expanded coverage of home and community-based services that help seniors live at home. This fits the you-are-on-your-own agenda of the Republican presidential ticket far more neatly than Ryan's rhetoric about caring for those who can't care for themselves.</div>
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Medicaid is a lifeline for poor children and families but also for the nation's middle class whose elderly and disabled loved ones rely on it for long-term care.</div>
<span style="background-color: white;"> </span><em style="background-color: white;">Source: Tampa Bay Times, September 24, 2012</em><span style="background-color: white;"></span><div _mce_style="margin-top: 0px; margin-bottom: 0px;" style="background-color: white;">
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<span _mce_style="font-size: 14pt;" style="font-size: 14pt;">*This is an editorial piece illustrating one man's opinion. We thought you might be interested to read his view on this heavily-debated topic. Keep in mind, while contemplating this issue, that nursing homes in the New York area run about $150,000 per year.</span></div>
Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-6901604180464322552012-08-24T11:11:00.002-07:002012-08-24T11:11:18.851-07:005 Things to Discuss Before Retirement<br />
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You may have a vision for your retirement, but does your spouse share that vision? Spouses often disagree about many key retirement details. It is important to work together to come up with a plan you both can accept.</div>
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A 2011 study by <a href="http://www.fidelity.com/inside-fidelity/individual-investing/couples-2011" style="color: navy; font-weight: bold; outline: none; text-decoration: none;" target="_blank">Fidelity Investments</a> found that many husbands and wives are not in accord about retirement. For example, the study found that one-third of couples disagreed or don’t know where they were going to live in retirement and 62 percent didn't agree on their expected retirement ages.</div>
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Here are some important things to discuss with your spouse as you get ready to retire:</div>
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<li><strong>Timing of retirement</strong>. There are many factors that can go into a decision about when to retire, including job enjoyment and financial needs. But couples also need to think about how best to maximize their Social Security benefits. Because Social Security doesn't just pay benefits to a worker but also pays benefits to the worker's spouse, couples need to work together to figure out how to get the most out of their Social Security benefits. For example, a husband can wait until his full retirement age to take benefits on his wife's record. When he does, he can get half of her full benefit. The husband can then wait until age 70 to file on his own work record. At that point, the wife can file a spousal benefit on his record. Each circumstance is different and couples should talk to a financial planner about the best strategy for them. For more on Social Security’s spousal benefits, <a href="http://www.elderlawanswers.com/resources/article.asp?id=9585&Section=4&state=" style="color: navy; font-weight: bold; outline: none; text-decoration: none;" target="_blank">click here</a>.</li>
<li><strong>Finances</strong>.<strong> </strong>The first hurdle is that both spouses need to understand their financial situation. The Fidelity survey found that wives were much less involved in retirement finances than their husbands. Both spouses need a clear understanding of their finances and whether they are working in sync.</li>
<li><strong>Type of lifestyle. </strong>What do you expect to get out of retirement? Do you want to travel? Do you want to volunteer? Or do you want to relax on a beach somewhere? It is important to have a conversation about your hopes and dreams for retirement. You can start the process by creating individual wish lists and then comparing them.</li>
<li><strong>Health care</strong>. Make sure you and your spouse have adequate health care coverage either from Medicare or an employer-based plan. You also need to understand the rules regarding Medicare coverage. For more information about Medicare, <a href="http://www.elderlawanswers.com/elder_info/medicare.asp" style="color: navy; font-weight: bold; outline: none; text-decoration: none;" target="_blank">click here</a>. For more information about when to sign up for Medicare, <a href="http://www.elderlawanswers.com/resources/article.asp?id=8898&Section=4&state=" style="color: navy; font-weight: bold; outline: none; text-decoration: none;" target="_blank">click here</a>.</li>
<li><strong>Long-term care</strong>. Unfortunately, most couples are going to need some type of long-term care for either one spouse or both spouses at some point. There are things you can do to make it easier on yourselves if this need arises. Talk to your elder law attorney about putting a plan together. To find an attorney near you, <a href="http://www.elderlawanswers.com/attorney_search/AttorneySearch.aspx" style="color: navy; font-weight: bold; outline: none; text-decoration: none;" target="_blank">click here</a>. Doing it early will save lots of headaches and expense later.</li>
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<span style="font-family: Arial; font-size: xx-small;">Source: www.elderlawanswers.com, August 24, 2012</span></div>
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<span style="font-family: Arial; font-size: x-large;">Attend our upcoming </span><span style="font-family: Arial; font-size: x-large;">Elder Law and </span></div>
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<span style="font-family: Arial; font-size: x-large;">Estate Planning seminar on </span></div>
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<span style="font-family: Arial; font-size: x-large;">Tuesday, September 11th at 11:30am </span><span style="font-family: Arial; font-size: x-large;">at the Stonebridge Country Club, </span></div>
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<span style="font-family: Arial; font-size: x-large;">2000 Raynors Way in Smithtown. </span></div>
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<span style="font-family: Arial; font-size: x-large;">Listen to Lawrence tell you how a few simple steps NOW can safeguard your family from the debilitating costs of long term care later. Call 631-234-3030 or email jgrisolia@davidowlaw.com for reservations by September 7th. </span></div>
Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-54179484421486252352012-06-29T09:49:00.001-07:002012-06-29T09:49:13.208-07:00Supreme Court Upholds Health Care Law<br />
In a dramatic victory for President Barack Obama, the Supreme Court upheld the 2010 health care law Thursday, (June 28, 2012) preserving Obama’s landmark legislative achievement.<br />
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The majority opinion was written by Chief Justice John Roberts, who held that the law was a valid exercise of Congress’s power to tax.<br />
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Roberts re-framed the debate over health care as a debate over increasing taxes. Congress, he said, is “increasing taxes” on those who choose to go uninsured.<br />
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Here is the link to the full text of the ruling: http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf <br />
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The 2010 law, the Affordable Care Act, requires non-exempted individuals to maintain a minimum level of health insurance or pay a tax penalty.<br />
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The essence of Roberts’ ruling was:<br />
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•<span class="Apple-tab-span" style="white-space: pre;"> </span>“The Affordable Care Act is constitutional in part and unconstitutional in part,” Roberts wrote.<br />
•<span class="Apple-tab-span" style="white-space: pre;"> </span>“The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it.”<br />
•<span class="Apple-tab-span" style="white-space: pre;"> </span>But “it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but (who) choose to go without health insurance. Such legislation is within Congress’s power to tax.”<br />
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Roberts made a point of noting that he and the other justices “possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.”<br />
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The law, Roberts wrote, “makes going without insurance just another thing the Government taxes, like buying gasoline or earning income. And if the mandate is in effect just a tax hike on certain taxpayers who do not have health insurance, it may be within Congress’s constitutional power to tax.”<br />
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He said, “The question is not whether that is the most natural interpretation of the mandate, but only whether it is a ‘fairly possible’ one.”<br />
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He said the Supreme Court precedent is that “every reasonable construction” of a law passed by Congress “must be resorted to, in order to save a statute from unconstitutionality.”<br />
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Veteran Supreme Court lawyer Tom Goldstein told NBC’s Pete Williams that “the Affordable Care Act was saved by Chief Justice John Roberts.” Goldstein said the Obama administration “got the one vote they really needed in Chief Justice John Roberts.”<br />
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Obama hailed his victory: “The highest court in the land has now spoken. We will continue to implement this law and we’ll work together to improve on it where we can.” But he urged Americans to refrain from re-fighting “the political battles of two years ago” or trying to “go back to the way things were.”<br />
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For individuals who choose to not comply with the individual insurance mandate, Congress deliberately chose to make the penalty fairly weak: only $95 for 2014; $325 for 2015; and $695 in 2016. After 2016, that $695 amount is indexed to the consumer price index.<br />
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Congress specifically did not allow the use of liens and seizures of property as methods of enforcing the penalty. Non-compliance with the mandate is also not subject to criminal or civil penalties under the Tax Code and interest does not accrue for failure to pay the penalty in a timely manner, according to the congressional Joint Committee on Taxation.<br />
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NBC’s Pete Williams reported that Roberts reasoned that “there’s no real compulsion here” since those who do not pay the penalty for not having insurance can’t be sent to jail. “This is one of the scenarios that administration officials had considered that if the court did this they would consider it a big victory.”<br />
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In his reaction to the court’s decision, Republican presidential contender Mitt Romney said, “What the court did today was say that Obamacare does not violate the Constitution. What they did not do was say that Obamacare is good law or that it’s good policy.” He said the ruling had made it clear “If we want to get rid of Obamacare, we’re going to have to replace President Obama.”<br />
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But in a major victory for the states who challenged the law, the court said that the Obama administration cannot coerce states to go along with the Medicaid insurance program for low-income people. The financial pressure which the federal government puts on the states in the expansion of Medicaid “is a gun to the head,” Roberts wrote.<br />
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“A State that opts out of the Affordable Care Act’s expansion in health care coverage thus stands to lose not merely ‘a relatively small percentage’ of its existing Medicaid funding, but all of it.” Roberts said. Congress cannot “penalize States that choose not to participate in that new program by taking away their existing Medicaid funding,” Roberts said.<br />
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The Medicaid provision is projected to add nearly 30 million more people to the insurance program for low-income Americans – but the court’s decision left states free to opt out of the expansion if they choose.<br />
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<span style="font-size: xx-small;">Source: Tom Curry, msnbc.com National Affairs Writer, June 29, 2012, 7:15am.</span><br />Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0tag:blogger.com,1999:blog-6967404255244576648.post-11233207640235433292012-06-04T07:40:00.000-07:002012-06-04T07:40:05.957-07:00<br />
<b><span style="font-size: large;">Appeals Court: Denying federal benefits to same-sex couples is unconstitutional</span></b><br />
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A federal appeals court has ruled that the Defense of Marriage Act, a law that denies a host of federal benefits to same-sex married couples, is unconstitutional.<br />
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The 1st U.S. Circuit Court of Appeals in Boston ruled Thursday that the act known as DoMA, which defines marriage as a union between a man and a woman, discriminates against gay couples.<br />
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The law was passed in 1996 at a time when it appeared Hawaii would legalize gay marriage. Since then, many states have instituted their own bans on gay marriage, while eight states have approved it, led by Massachusetts in 2004, and followed by Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland, Washington state and the District of Columbia. Maryland and Washington’s laws are not yet in effect and may be subject to referendums.<br />
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The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.<br />
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The 1st Circuit said its ruling wouldn’t be enforced until the U.S. Supreme Court decides the case, meaning that same-sex married couples will not be eligible to receive the economic benefits denied by DoMA until the high court rules.<br />
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“We are thrilled that another court – this time, the 1st Circuit Court of Appeals – has ruled that it is unconstitutional to deny respect to the marriages of lesbian and gay couples,” said Camilla Taylor, National Marriage Project Director for Lambda Legal. “We congratulate our colleagues at GLAD (Gay and Lesbian Advocates & Defenders) for achieving this wonderful victory.”<br />
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During arguments before the court last month, a lawyer for gay married couples said the law amounts to “across-the-board disrespect.” The couples argued that the power to define and regulate marriage had been left to the states for more than 200 years before Congress passed DoMA.<br />
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An attorney defending the law argued that Congress had a rational basis for passing it in 1996, when opponents worried that states would be forced to recognize gay marriages performed elsewhere. The group said Congress wanted to preserve a traditional and uniform definition of marriage and has the power to define terms used to federal statutes to distribute federal benefits.<br />
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More than 1,000 benefits in question<br />
Two California federal judges earlier said the act violated constitutional standards.<br />
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Judge Claudia Wilken of Oakland ruled May 24 that the law legalized bigotry by withholding more than 1,000 federal benefits – such as joint tax filing, Social Security survivor payments and immigration sponsorship – from gays and lesbians legally married under state law.<br />
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Judge Jeffrey White of San Francisco also declared DoMA unconstitutional and ordered the government to provide family insurance coverage to the wife of a lesbian court employee. White’s ruling has been appealed to the Ninth U.S. Circuit Court of Appeals, which will hear the case in September.<br />
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President Barack Obama withdrew his administration’s defense of the law in February 2011, saying he considered it unconstitutional, but it is being defended by lawyers hired by House Republican leaders.<br />
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On May 9, Obama declared in an interview with ABC News his unequivocal support for gay marriage, becoming the first president to endorse the idea.<br />
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Obama said, “I have hesitated on gay marriage in part because I thought that civil unions would be sufficient.” He added that he “was sensitive to the fact that for a lot of people the word ‘marriage’ was something that invokes very powerful traditions, religious beliefs and so forth.”<br />
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Now, he said, “it is important for me personally to go ahead and affirm that same-sex couples should be able to get married.<br />
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We here at Davidow, Davidow, Siegel & Stern agree with this decision and will keep you posted on further developments.<br />
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<span style="font-size: xx-small;">Source: www.msn.com, May 31, 2012, Msnbc.com’s Miranda Leitsinger and Jim Gold and The Associated Press contributed to this report.</span><br />Davidowhttp://www.blogger.com/profile/17519880324027255753noreply@blogger.com0