often think that you need to have "the talk" about important subjects. As
though having one giant conversation at some magic age with your kids about sex
or drugs or drinking will be sufficient to last them throughout the rest of...
This year marks twenty years since the United States Supreme Court
decided Cruzan v. Director, Missouri Department of Health and Congress
passed the Patient Self-Determination Act of 1990 . Despite the passage of time, the number of
people in the United...
following is from a timeline of implementation dates produced by the Henry J.
Kaiser Family Foundation for when some of the key provisions of the Patient
Protection and Affordable Healthcare Act will take effect. This is a
Over the weekend the Wall Street journal ran an article on elder law
planning entitled " Inoculating
Estates From Health Costs ". While I'm always happy to see an article about
elder care planning in the news because it's such...
Courts should have jurisdiction over partition proceedings where a decedent's
estate is involved. While many courts
hold that the Surrogates' Courts only have jurisdiction over a limited
procedural aspect of a partition...
23rd, President Barack Obama signed into law the nation's most sweeping social
legislation in decades. After over a year of gruelling debate in Congress,
American consumers can now try and figure out how they will be affected by the
Ever since Californians passed Proposition 13 in 1978, county
tax assessors generally can only raise the assessed value of California real
property for property tax purposes by no more than two percent per year over
the prior year's value. But the...
Pooled Pay-back Trust:
Advantages of a Pooled Pay-Back Trust:
Allows an individual to shelter assets and qualify for services provided by the:
Illinois Department of Human Services
Medicaid, Food Stamps, In-Home Services, Nursing Home
Divorce rates in the U.S. have skyrocketed over the past few decades, even among those over age 65 years of age. Elder law attorneys suspect that issues regarding money may be to blame for the rising divorce rates among the elderly. Instead of fighting...
January 1, 2010, California Probate Code § 21320 and many related provisions
(Prob. Code, §§ 21300-21308, 21321 and 21322) were repealed. The former
statutory scheme governing no contest clauses was criticized as being too...
David R. Schoenhaar, Esq Ruskin Moscou Faltischek
On March 16, 2010, Governor Paterson signed into law the Family Health Care Decisions Act (FHCDA). See Chapter 8 of the Laws of 2010 . This new law provides procedures for family members and others...
Phil Bernstein, Esq.
Like so many of my readers, the mere mention of the Generation Skipping Tax causes my eyes to glaze over. I usually break into a cold sweat before I consult the books --and the experts-- in order to deal with a particular GST problem...
Yesterday at my networking group meeting we were visited by a woman who runs
a video production company catering towards attorneys. As she was introducing
herself to the group, she stated that among the services she provides was
California Wills and Trusts Drafting System
powered by HotDocs®, this easy-to-use software will help you create
customized wills, trusts and many other estate-related documents from
scratch. Based on the enormously popular...
Welcome to the new LexisNexis Communities.
We have added new tools, new content and a whole new look and feel to make your
experience richer and more beneficial.
Our new design has easy-to-find featured
content on the left side of the screen...
A recent Supreme
Court of Virginia case illustrates the process by which courts analyze
and interpret the language that grantors use in their trust agreements.
In Harbour et al
v. SunTrust Bank et al (Record No. 082023, November 5, 2009),...
There are several figures of interest to seniors and their families for 2010. They include long-term care spousal standards, annual gift tax exclusion rates, long-term care premium deductibility limits, and Social Security benefit changes. The Center...
A recent U.S. News
& World Report article provided rankings of America's Best Nursing
Homes. The federal Centers for Medicare and Medicaid Services (CMS)
collects data on nursing homes and rates them in its Nursing Home
Long-term care partnership programs encourage the purchase of private long-term care insurance as the primary source of funding of long-term care for the participant. This is because the program enables insurers to offer specially crafted long-term care...
recent Financial Planning
Magazine article discusses new tax laws that may increase the
popularity of combining life insurance and annuities with long-term care
insurance. Long-term care ("LTC") insurance sales have been in a decline...
written about every day in newspapers all across the country. It affects
elderly individuals from all walks of life in every community regardless of
gender, race, or ethnicity. The annual financial loss to its victims is
estimated to be...
Until now, the option of contributing to a Roth IRA was
limited to those individuals with modified adjusted gross incomes below roughly
$176,000 (for married taxpayers filing jointly) or $120,000 (for single
taxpayers or those filing as head of household...
The Uniform Guardianship
and Protective Proceedings Jurisdiction Act was effective January 1, 2010.
1826 , i.e., Civil Union Act as to guardian and probate rules as to same sex
relationships (See CBA Record Sept 2009).
recent Wall Street
Journal article addressed an issue that is becoming a concern for
more than 25% of the adult population in the U.S.: Providing voluntary care for
elderly or sick family members and friends. This percentage will continue to...
The last issue of the Oast & Hook News addressed the estate
tax laws that are effective for 2010. This issue of the Oast and Hook
News will explore the issue of carryover basis. In previous years, the
beneficiaries of estates received a great...