Wednesday, December 29, 2010

Ways to Help Your Parents or Spouse Discuss Long-Term Care Planning

This article was published on ElderLawAnswers.com and may have been included in our December newsletter. I thought it would be helpful for people as a starting place with regard to their elder parents and is worth reading if you missed it the first time!


Dad, Can We Talk? Answers to 9 Top Questions About Discussing Long-Term Care Planning


Last Updated: 7/27/2010 4:14:01 PM

Recently a reporter asked ElderLawAnswers founder and president, Harry S. Margolis, some questions for an article on talking with aging parents or other family members about sensitive issues such as wills, funeral arrangements, assisted living or medical treatment wishes. Here are the reporter's questions and Harry's answers.


1. At what point is it appropriate for grown children, spouses, caregivers or friends to attempt to discuss these issues with aging parents, relatives or friends?

The earlier the better, but every family is different, and raising these issues can be more or less uncomfortable depending on the family dynamics. Certainly, if there is an illness or medical emergency, that can serve as justification for beginning the discussion.


2. What's the best way to broach the subject?

Rather than focusing on the parent or other family member's current or possible future physical and mental decline, it often works better for the person starting the conversation to focus on his or her own concerns. She can say that she was meeting with her own estate planning attorney, which made her think about her parents situation. Or she can talk about how she is nervous about being able to care for her parents when and if the need comes up. Often parents won't take measures to protect themselves, but they never stop being parents and will respond to a call for help from a child.


3. Where's the best place to have such a discussion?

In the parent's home.


4. Should you seek legal counsel first before initiating a talk?

Not necessarily. A legal consultation would help the children or other family members know what issues to discuss and some of the available options. But the ultimate goal should be for the elder to consult himself or herself with an attorney with elder law experience.


5. Should it be one-on-one or should family members, friends or those with specific expertise in an area be part of the discussion?

That has to be determined on a case-by-case basis. We always encourage transparency so that all family members are in the loop. However, scheduling can be difficult and too many people involved can be overwhelming. In addition, depending on the circumstances, elder care and planning issues can take several meetings to resolve. Different people may be involved in different meetings depending on the issues being discussed at each.


6. What if your parent, spouse, etc., refuses to talk about these issues? How do you overcome this?

Follow the advice above. If it's a parent, the child may have to be patient and wait until an opportunity arises to bring the subject up again. Ultimately, it may be impossible to get the parent to participate in any planning. If it's a spouse, this is also true. However, a spouse may be able to take some planning steps on his or her own.


7. What steps can you legally take to prevent an elderly person from driving if they refuse to hand over their license or keys?

This depends on the state. In some states there are provisions for letting the registry of motor vehicles know of problem drivers. Where family pressure doesn't stop a senior from driving and dementia exists, some of our clients have been successful in disabling vehicles if the senior does not have the capacity to get it fixed.

8. What steps can you legally take if an elderly person such as a parent or spouse refuses to take care of issues dealing with a will, housing, medical treatment or related areas?

It depends on the parent or spouse's mental capacity. If they are incompetent, it is possible to go to court to be appointed conservator or guardian and to take over decisionmaking in these areas. Unfortunately, this can be an expensive, time-consuming and cumbersome process. (For more on guardianship and conservatorship, click here.)


9. What can seniors do in advance, to avoid becoming embroiled with grown children, relatives, or friends over these issues.

Plan ahead. All seniors should sit down with an elder law attorney to discuss their goals, concerns and hopes and to develop a plan to reach the goals, address the concerns and give their hopes the opportunity to become realities.


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Wednesday, December 22, 2010

RI Probate and Joint Tenancy

OWNING REAL ESTATE AS JOINT TENANTS CAN BE RISKY OR COSTLY!


We have clients who ask us to transfer real estate to a child or children during their life-time in order to avoid probate and for other family reasons. This can cause undesirable tax results (capital gains) when the property is sold by the child or children in the future. Further, a joint tenant can sever the joint tenancy without notifying the other joint tenants which converts the nature of the tenancy to a “tenancy-in-common.”

The most famous decision illustrating this result is a 1980 California decision where a wife conveyed her joint interest to herself as a tenant in common before her death. Upon her death, her husband expected to own the property outright but owned it with his wife’s devisees under her will!

While Rhode Island uses a different form of joint holding by a husband and wife called a “Tenancy By the Entirety”, if another person is added as a joint owner, unexpected results can occur. The moral: “CounselFirst”!

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Monday, December 20, 2010

United Way in RI and Newport Probate Attorney

August 2008 Newsletter

Here’s a new source of information: “United Way- 2-1-1.” Material about this free service was forwarded to me by a lawyer friend and fellow practitioner from Middletown- Cristina Offenberg. The material from the United Way of Rhode Island reads as follows:

2-1-1 is the fastest and easiest way to get information when you need it, 24 hours a day, 7 days a week. One call gives you access to resources across your community, whether you need to get help- for you, for a family member or for a friend- or want to help. No more wrong numbers, no more wasted time trying to find the right person to call.

Examples were listed: “daycare for your child, financial assistance for a utility bill, find a mental health counselor to help you in a crisis, or connect with any other community service.” Or, “If you are able to help others by donating your time as a mentor or volunteer or by donating food, clothing, toys, furniture, 2-1-1 is also for you.”

It sounds useful. Try it and let us know how helpful it is to you. “Cris” Offenberg stated in her email that other states were utilizing the same system so try it wherever you live.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Friday, December 17, 2010

Newport RI Probate and Elder Law Attorneys

Family Issues During Death of a Loved One


Very few events in life are more difficult to accept than the pending death or the actual death of a loved one. As elder-law attorneys and estate planners, we see too many cases where the siblings, or the spouses, or other significant heirs or beneficiaries of a person disagree regarding: pre-death care and housing; the choice of attorney-in-fact, personal representative or trustee of the family member; or the testator or grantor’s disposition of their estate contained in the will or trust itself.

Recently I have seen a number of cases where life insurance was left to one child with the intention that the child would use those funds for burial costs or to pay the last debts of the estate. “Family issues” arose and the funds were retained by the beneficiary against the wishes of the decedent. You can imagine the resulting turmoil within the family in any of these cases.

It is our desire to avoid such problems in the first place by planning well in advance of death, by reviewing a client’s entire estate including non-probate assets and by making certain that the representatives for the client will be able to fulfill the intentions of the client without a family feud.

Our complete analysis of your estate is done at a modest flat fee and “We make house-calls.”

Jeremy Howe
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Thursday, December 16, 2010

Newport RI Estate Lawyers to Participate in Holiday Charity Event

December, 2010 – Newport, RI

From November through December 10, 2010, Attorney Kristy Garside on behalf of the Law Offices of Jeremy Howe will participate in Elves for Elders, a charitable event organized and facilitated by Seniors RULE (Resources Unlimited-Liaisons for Elders). Seniors RULE is a non-profit organization whose members provide services for seniors. The services provided can be found at seniorsrule@myway.com.

The event involves a secret-Santa program whereby the names of elderly individuals in nursing homes in Rhode Island who may not receive a gift during the holiday season are gathered and placed on a Christmas tree for others to purchase a gift. The trees are placed throughout the states at various locations, and will come down on December 10. The gifts will then be wrapped and distributed by Seniors RULE members.

When asked what prompted the office’s involvement in the group, the attorney replied, “This is the time of the year when a lot of elderly people feel the most isolated, some of them literally. We take full advantage of every opportunity to become involved in community outreach programs and donate our time. I think we would all like our communities to be there for all its members, even if they have no loved ones who are able to be there for them. You never know whose life you're going to touch.”


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Friday, December 10, 2010

RI Estate Lawyer Kindness Matters

Newport RI Probate client shares thanks with Law Office of Jeremy Howe and Associates for care during difficult time:


Dear Hilary & Jeremy,

Words cannot express my heartfelt appreciation for the kindness you’ve shown me. Making things go perfectly stress-free was a true blessing for me and I will always remember your thoughtfulness.


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Thursday, December 9, 2010

Estate Planning in RI Elder Law House Calls

A new (grieving) widow wrote to Jeremy:


“Thank you so much for handling the Deed to my home, my Will and all other matters. I appreciate your kindness in coming to the house for my convenience. It is difficult for me to get to your office. …I’ve always felt relaxed in your presence and confident that you would advise me what to do which would be most beneficial to me. …I really do consider you a dear friend.”

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Wednesday, December 8, 2010

Wife Receives Portion of Pension in RI Divorce

Divorce Attorney Results from Jeremy Howe

The following RI Family Court QDRO and Pension Plan Award in a RI Divorce was negotiated by the Newport RI Divorce and Estate Planning Law Offices of Jeremy Howe & Associates.

Hired by the Wife to draft the Qualified Domestic Relations Order so she could receive her portion of the Husband’s annuity. We discovered upon reviewing the pension documents that there were in fact two pension plans.

The court orders referred to only one plan, so the Wife was missing out on her portion of a substantial, if not the largest, marital asset.

We prepared the Qualified Domestic Relations Order for the designated plan and notified the attorneys for the parties that they had an unresolved issue.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Wednesday, December 1, 2010

Durable Power of Attorney Validity

A REMINDER ABOUT THE VALIDITY OF YOUR DURABLE POWER OF ATTORNEY


When you sign a “Durable Power of Attorney” document, you name an “Attorney in Fact”, to act on your behalf in all financial matters. This power endures even if you become incapacitated, disabled or incompetent. However, many people do not realize that once you die, your Durable Power of Attorney is no longer valid. In other words, it dies when you die.

Often, the Attorney in Fact will attempt to access accounts post-death only to be told that he does not have the legal right to do so. Just recently a gentleman came into our office to discuss this very issue. He was a joint owner of his mother’s only bank account, but she was the sole owner of a mutual funds account worth approximately $125,000. On a Friday, this gentleman thought that he should – as his mother’s Attorney in Fact – transfer the mutual funds into the joint account so that he could pay her nursing home bills. But because he had other things that he needed to take care of that day, he put off the transfer intending to do it at the beginning of the following week.

Unfortunately, his mother died that weekend and her son was no longer able to access her mutual funds account. As a result, it became necessary to open a probate estate so that the son could be named Executor and then have the necessary power to access the account. While opening a probate estate is not difficult or complicated, it takes months to clear assets within an estate and there are court costs, inventory taxes and attorneys fees. In short, avoiding probate is a useful strategy to consider in many cases. Here, timely action under the durable power of attorney would have made life much easier for the family.

Whether you are granting a Durable Power of Attorney to a family member, trusted friend, a professional, or whether you are acting as the Attorney in Fact for a grantor of the powers, be mindful of the limitation of this power and act accordingly in managing assets and accounts.
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Wednesday, November 17, 2010

Choices for End-of Life Caregiving

PlanForCare.org
November 5, 2010

There are many decisions to be made when imminent death is approaching for a loved one. Questions regarding what type of care, medical assistance and even physical location for their last days confront us.

If care at home has been given, should loved ones be moved to a facility or remain at home? If in a care facility should they be moved home for their last days? Will 24-hour care become necessary and more medical assistance be required?

If you are asking these questions, a Hospice service might be a good solution. Hospice can be provided to a person who has a life-limiting illness wherever that person lives. A nursing facility or long-term care facility can receive visits from hospice personnel in addition to the other care and services provided by the facility.

Hospice care is a special way of caring for a patient who is in the last stages of life. Hospice provides a team of professionals who aid the patient and family caregivers. This could include nurses, social workers, physicians, clergy and aides who all work together to plan and coordinate care, 24 hours a day or as needed.

The Hospice Foundation of America outlines the following services of hospice:


  • Hospice is a special concept of care designed to provide comfort and support to patients and their families when a life-limiting illness no longer responds to cure-oriented treatments.
  • Hospice care neither prolongs life nor hastens death. Hospice staff and volunteers offer a specialized knowledge of medical care, including pain management.
  • The goal of hospice care is to improve the quality of a patient's last days by offering comfort and dignity.
  • Hospice care is provided by a team-oriented group of specially trained professionals, volunteers and family members.
  • Hospice addresses all symptoms of a disease, with a special emphasis on controlling a patient's pain and discomfort.
  • Hospice deals with the emotional, social and spiritual impact of the disease on the patient and the patient's family and friends.
  • Hospice offers a variety of bereavement and counseling services to families before and after a patient's death.

To be eligible for hospice a physician must certify the patient to be terminally ill with a life expectancy of six months or less and treatment for a cure is no longer provided.
The focus for the patient has changed to supportive care and quality of remaining life.

Hospice is paid for by private insurance, Medicare or Medicaid Hospice Benefit or personal funds.


Here are the conditions that apply for Medicare Hospice Benefits:


  • You are eligible for Medicare Part A (Hospital Insurance)
  • Your doctor and the hospice medical director certify that you’re terminally ill and have 6 months or less to live if your illness runs its normal course.
  • You sign a statement choosing hospice care instead of other Medicare-covered benefits to treat your terminal illness.
  • You get care from a Medicare-approved hospice program
  • You understand that Medicare will still pay for covered benefits for any health problems that aren’t related to your terminal illness. Medicare.gov

Special benefit periods apply to Medicare hospice care and some services do not apply.
Be sure to understand the rules and requirements of Medicare payment before you commit.

Hospice is available to anyone, regardless of age or illness. If Medicare or private insurance is not available, hospice services may be available for low income individuals through grants or charitable donations. Many hospices are non-profit and will provide services to anyone in need.

“Many families or their loved ones' doctors often wait too long to order hospice. Hospice is a very valuable service and should be ordered at an earlier stage of illness. Many do not consider hospice for Alzheimer's, degenerative old age or other debilitating illnesses where a person is going downhill fast. They should.

It is unfortunate that many people who died in a hospital emergency room or who received heroic treatments to prolong life in a hospital may have had the alternative of dying at home in familiar surroundings, with family or other loved ones at their side.

When someone is in crisis or appears to be going downhill fast but there really is no hope for recovery, family often call 911 and start a process which can result in great stress and great emotional discomfort. The loved one who is dying ends up in a hospital and may die there or be transferred to a nursing home where death eventually occurs.

When there is no longer hope for prolonging life, especially when this decision is made months in advance, hospice is usually a better alternative to other medical intervention”. National Care Planning Council

The days leading up to the moment of death of a loved one can be rich with meaning and expressions of love. Family and caregivers should allow others to help with the care and daily responsibilities. They need to free themselves from the details of caregiving and instead need to use hospice to allow more time to reminisce, give thanks for a life shared and say goodbye.

http://www.planforcare.org
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Sunday, November 7, 2010

Health Care Reform "Death by a Thousand Cuts"

Newport Elder Law Attorney Jeremy Howe found the following article regarding the repeal of Obama's Health Care Plan.

The article: “Republicans to Take On U.S. Health Law’s Taxes, Rules” from Bloomberg Businessweek (November 3rd) was reported today, November 4th, in Lawnewswatch.com. The article states that rather than repeal the health-care overhaul, the Republican strategy will resemble “death by a thousand cuts.”

The full article follows below.

Republicans to Take On U.S. Health Law’s Taxes, Rules

November 03, 2010
By Laura Litvan and Drew Armstrong


Nov. 3 (Bloomberg) -- Congressional Republicans pledged to repeal the health-care overhaul President Barack Obama signed into law in March. Once they consolidate power, the strategy will more likely resemble death by a thousand cuts.

House and Senate Republicans already have written at least 30 bills to roll back provisions in the law. The success of some efforts would mean WellPoint Inc. and competing health insurers may escape regulations to set their patient-care spending, while Boston Scientific Corp. and other medical-device makers dodge $20 billion in tax increases in the next decade.

With networks projecting that Republicans have won the seats needed for control of the House, the party also plans to target budgets of agencies implementing the health-care law.

“You can literally open the bill and point your finger to a page and say, ‘Here’s something we should go after,’” said Representative Michael C. Burgess of Texas, a Republican on the House Energy and Commerce health subcommittee. “It’s all bad.”

The party’s drive will force Democrats to vote on whether to defend unpopular parts of the law, said Tom Scully, the former chief of the Medicare program under President George W. Bush. Democratic control of the Senate and Obama’s veto pen assures there won’t be an outright repeal of the law or big changes, he said.

Democrat Losses


Bloomberg’s Managed Health Services stock index slid less than 1 percent at 4 p.m. New York time as WellPoint gained 30 cents, or less than 1 percent, to $56.05 in New York Stock Exchange composite trading. The Standard & Poor’s 500 Pharmaceutical Index gained 54 cents, or less than 1 percent. The S&P Biotechnology Index lost $4.77, or less than 1 percent.

“This outcome seems to be positive for the group in general,” Les Funtleyder, a health-care portfolio manager for Miller Tabak & Co. in New York, said in a note to clients. Health insurers have the most to gain, while biotechnology and pharmaceutical companies are less likely to see positive effects from the political contests, he said.

Republicans gained at least 60 House seats yesterday across the U.S. They picked up six in the Senate, winning in Illinois, Indiana, Arkansas, Pennsylvania, North Dakota and Wisconsin. They won’t get the 10-seat gain needed to control the Senate as races in Alaska and Washington are yet to be decided, and the Denver Post projected Democrats will hold the seat in Colorado.

‘Political Battle’


“Very little will happen in the next two years, but it will be a big political battle,” said Scully, senior counsel at the law office of Alston and Bird LLP of Washington.

Aetna Inc. Chief Executive Officer Ron Williams said today that the Hartford, Connecticut-based company “would welcome a renewed willingness to discuss market-based solutions” to improving the health-care system and controlling medical costs, without specifically commenting on the election.

Most of the action may be in the courts, where 21 states are challenging the law’s requirement that all Americans buy health insurance. Successful challenges could accomplish what Republican lawmakers can’t, by eliminating an important component of the overhaul.

If congressional Republicans strike some requirements of the law, health-care groups may pressure Congress to make other changes and set off a domino effect, said John Fortier, a congressional scholar at the American Enterprise Institute. “It’s not that the entire thing unravels if one piece fails, but the rationale for some of the things and the reason for some of the deals fails and potentially, some of the support.”

Changes From House


Efforts to change the law will originate in the House, where Republicans will decide which bills go to the floor and can hold oversight hearings on how the law is evolving. Democrats still control the Senate’s agenda. It will take a two- thirds majority of both chambers to override any Obama veto.

Congressional Republicans can “embarrass” Democrats with votes on the health overhaul, including during debate over a fiscal 2012 budget plan early in the next session, said Senator Orrin Hatch of Utah. Hatch in January will become top Republican on the Finance Committee.

House Republican leaders will begin with a January vote to repeal and replace it with a scaled-back measure patterned after legislation by Republican Leader John Boehner of Ohio, said John Murray, a spokesman for House Republican Whip Eric Cantor of Virginia.

Boehner’s Alternative


The approach by Boehner -- who is expected to become speaker -- would expand coverage to 3 million Americans by 2019 without requiring Americans to have insurance. It would let businesses pool resources to buy coverage and allow insurance purchases across state lines. Boehner’s proposal would leave about 52 million people without insurance, meaning the proportion of Americans with coverage would remain unchanged in 2019 at 83 percent, according to the Congressional Budget Office.

The health law would expand coverage to a projected 32 million Americans who currently lack insurance, largely through an expansion of the federal-state Medicaid program and new online health-purchasing exchanges. The overhaul is projected to cost $938 billion over 10 years while resulting in a reduction in the annual budget deficit by slowing the growth in spending on health care, according to CBO.

Its more contentious elements include a first-ever mandate that most Americans obtain health coverage -- the provision being challenged in court, largely by Republican state attorneys general -- and new taxes on the wealthy and on high-end insurance plans.

Coverage Mandate


Health insurers say the mandate requiring all Americans to have coverage is a necessity because otherwise people will only buy insurance when they get sick. The industry says removing the mandate would jeopardize consumer protections in the law, such as a requirement that insurers accept people with preexisting conditions.

Robert Zirkelbach, a spokesman for America’s Health Insurance Plans, the industry’s Washington trade group, declined to discuss how a Republican victory would affect the mandate.

Republicans don’t necessarily oppose regulations on excluding people with pre-existing conditions, or other protections that have won support in polls. Their push to undo the individual mandate may make it harder to realize these rules, by burdening insurers with the new requirements without bringing in healthy new customers.

‘Delay and Dismantle’


In the event Boehner’s proposal gets stopped in the Senate, Republicans will embark on an approach they call “delay and dismantle” that targets individual provisions in the law, said Murray. Some of the proposals may result in lower payments to health-care providers and states.

Republicans said they want to go after a requirement in the law mandating that businesses of all sizes report to the IRS any expenditures exceeding $600. The Senate on Sept. 14 narrowly failed to repeal the provision after seven Democratic senators joined all of the chamber’s Republicans.

Burgess, a doctor first elected to Congress in 2002, has legislation requiring congressional and executive branch aides to get their health coverage from the insurance exchanges.

Representative Brian Bilbray of California wants to repeal $20 billion in taxes in a decade on medical device makers including Minneapolis, Minnesota-based Medtronic Inc. and Boston Scientific.

Medical Devices


Representative Charles Boustany, a Louisiana Republican, has a bill that would force Congress to reconsider the “CLASS Act,” a long-term disability insurance program, and end it should it require more funding than it generates from premiums.

Other legislation would deny agencies funds they need to implement the law. Bills introduced by Fred Upton, the Michigan representative who may head the Energy and Commerce Committee next year, and Virginia’s J. Randy Forbes would bar the Internal Revenue Service from hiring workers to review incomes that would help determine which Americans qualify for subsidies.

Congress should revoke a rule requiring insurers to spend at least 80 percent of the premiums they take in on patient care, Boustany and Burgess say. The measure will force some insurers to pull out of markets where they don’t meet the threshold, insurers and Republican lawmakers say.

“That will potentially be very disruptive to insurance coverage,” Boustany said.

Bipartisan Support


Some Senate Democrats will apply pressure on their leaders for changes, Hatch predicted. He’s seeking bipartisan support for legislation that would scrap the individual mandate and a requirement that most employers provide coverage to workers.

“We’ve got to have two, three, four, five Democrats who will work with us on this bill, because they’ve been getting killed at home,” Hatch said in an interview.

The Republican strategy may negatively affect segments of the health-care industry. The expansion of coverage to 32 million newly insured people may deliver more than $500 billion in added revenue for insurers, hospitals and other providers from 2014 to 2019, according to CBO projections.

--With assistance from Matt Barry, Chris Flavelle, Lisa Lerer and Catherine Dodge in Washington. Editors: Adriel Bettelheim, Steve Walsh

To contact the reporter on this story: Laura Litvan in Washington at llitvan@bloomberg.net; Drew Armstrong in Washington at darmstrong17@bloomberg.net

To contact the editors responsible for this story: Mark Silva at msilva34@bloomberg.net Adriel Bettelheim at abettelheim@bloomberg.net

http://www.businessweek.com/news/2010-11-03/republicans-to-take-on-u-s-health-law-s-taxes-rules.html


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Tuesday, November 2, 2010

Early Incentive Pay Not Attached to Pension

Divorce Results from Newport Attorney Jeremy Howe

Newport RI Divorce and Estate Planning Attorneys Jeremy Howe & Associates secure a favorable decision for a divorce client in RI with pension issues.

Hired by client to review the terms of his pension plan along with the terms of his divorce decree and the Qualified Domestic Relations Order that had been entered at the time to divide his pension for the benefit of the ex spouse. His company had informed him that if he elected his early retirement, his ex-wife would receive about one third of his “early incentive pay.”

We brainstormed the issues with a colleague and had conversations with legal counsel for the company. Ultimately we sent a letter stating our position that the ex-wife should not receive any portion of our client’s early incentive pay since it was not part of his pension.

He received the entire amount.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Monday, November 1, 2010

Deceased Ex-Husband and RI Pension Funds

Results by Newport Attorney Jeremy Howe

Newport RI Estate Planning and Divorce Attorney Jeremy Howe and Associates drafts a Qualified Domestic Relations Order to secure retirement funds from ex-husband who died before reaching retirement age.

Hired by the Wife to complete the QDRO due to the fact her now ex-husband died before reaching retirement. The original QDRO that had been presented to the company was rejected and a final, revised version was never submitted by the original attorney before the husband passed away.

We consulted with the original attorney to reach a resolution. We drafted an Order that was acceptable to the Plan, and the division was made so our client could receive her portion of those retirement funds.

We also assisted our client in understanding the issues with regard to the potential rights of the ex-husband’s heirs and the company’s duty to all parties involved.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Friday, October 29, 2010

Medicare Assistance

Medicare Assistance

Health care and health care reform continue to be hot topics of conversation with particular attention being paid to the high costs of care. Individuals who are 65 years of age or older, or who have reached the 25th month of a permanent and total disability, are eligible for Medicare, the federal health insurance program. Payment for Medicare insurance is usually deducted from a person's social security.

Many people do not realize, however, that limited assistance is available for low income Medicare beneficiaries. This limited coverage helps eligible individuals pay for some or all of their out-of-pocket Medicare expenses, including Medicare premiums, deductibles and co-pays. Eligibility depends on income and resource limits.

As of April 2010, the basic resource limit for an individual is $6,600 and $9,910 for a couple. The income limits are based on the Federal Poverty Guidelines and vary according to the specific assistance program.

While many of our clients are concerned with planning for the future in terms of Medicaid (state assistance for nursing home or in-home care), it is important to remember the availability of the assistance for Medicare - another way to help in difficult economic times.
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Wednesday, October 27, 2010

Military Divorce with Pension as Only Income

Jeremy Howe Negotiates Military Divorce Settlement

RI Divorce and Estate Planning Attorneys Jeremy Howe & Associates negotiate settlement of military divorce with child support involved, where husband's pension is the only income.

We assisted an attorney at Rhode Island Legal Services to draft appropriate orders to protect the wife, as much as possible, in a military divorce when the concern was that there were child support orders for the husband’s illegitimate children already in effect.

The children were born after the parties separated, but before the parties were divorced, to women other than the wife. The pension is his only source of income.

Generally, DFAS (the military pay center), will not pay more than 50% of a pension to someone other than the military retiree. The orders require him to pay the Wife her portion directly, to make up for any shortfall in her portion caused by the child support orders.

If he does not make those payments, he could be subject to contempt, fines, and possible incarceration.


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Friday, October 22, 2010

RI Child Support Arrears from 401K Interest

Newport RI Divorce Attorney Jeremy Howe & Associates Handle Case Where Ex-Husband Owes Child Support Arrearage.


Hired by an ex-wife who was owed a substantial amount of child support. The ex-husband did not have the income or assets to pay her what she was owed, but he did have a substantial interest in a 401(k).

We were able to draft a QDRO for child support so she could receive her arrears in full.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Wednesday, October 20, 2010

Newport RI Elder Law Attorneys and Social Security Online

APPLY FOR SOCIAL SECURITY ONLINE!


According to ElderLawNews Weekly, there are $10,000 applicants for social security benefits every day. The Social Security administration has set up a user-friendly website. To apply for benefits, go to www.socialsecurity.gov and click on “Applying Online for Retirement Benefits.”

[disclaimer: We forward this monthly elderlaw newsletter each month to educate and inform our clients and friends. The fact that we have delivered it does not substitute for legal advice since most elderlaw advice is case-specific. We also do not agree with all of the information and opinions contained in the newsletter. For example, we found that a recent article describing assisted living facilities and family use of such facilities did not conform with our experience in Rhode Island.]

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Monday, October 18, 2010

Elder Care Attorney in Newport RI and Medicaid Estate Planning

PAY A CHILD FOR MY CARE! ARE YOU DAFT?


In our elder-law practice we see that families are struggling to provide care for a parent or parents who are still at home. In many cases they are avoiding cost by providing the care themselves. While it is hard for the children to charge their parents for this care and just as difficult for the parents to turn over a substantial portion of their life savings to the children, it may be a wise family decision for Medicaid planning purposes.

The current Medicaid “look-back” period is five years and there are rumblings that the new administration might change it again to seven years. Family gifts are “penalized” if they occur within the look-back period. The penalty is a denial for Medicaid qualification which program pays for long-term care for the parent. There are no penalties if the transferred assets are part of a contract, or family Care Agreement, providing for specific services to the parents.

There are “pros” and “cons” to such agreements but they should be part of the Medicaid-planning discussion. Other family members are normally involved and at times mediation is useful. Kristy, Hilary and I are ready to assist you with these and many other difficult decisions.

Jeremy Howe

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Saturday, October 16, 2010

Variable Annuities and Estate Planning in RI

Rhode Island Estate Planning

Did you know that there are Variable Annuities with optional riders that can provide you with principal and/or income guarantees that will allow you to participate in market gains, while protecting retirement income from market losses?

See your professional adviser to discuss this investment option and check with your estate attorney before signing any investment that might affect your estate.
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Thursday, October 14, 2010

Elder Law Mediation and Newport RI Estate Planning Attorney

Elder-law Mediation. When is is Useful?


As a mediator, I am often called into family disputes. Whether the disputes are between parents and children, between siblings or between the family and an agency, the solutions often require a full knowledge of estate planning, probate law and practice, Medicaid and Medicare law, Veteran’s benefits, estate and income tax law and a full knowledge of community resources. Without this knowledge, the solution reached in mediation may not be the best solution. Mediation with an elder-lawyer is the best method of resolving such disputes since the traditional forums for resolving these disputes (Probate Court or the Superior Court) are very expensive, slow and frustrating.

If you, your family or a client or friend are involved in such disputes, please call us at The Law Office of Jeremy W. Howe, Ltd., to discuss how mediation can work for you.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Tuesday, October 12, 2010

Elder Law in RI

ANOTHER WAY TO “STAY ON TOP” OF ELDER-INFORMATION


We send out our monthly elder-law newsletter to keep you up to date on recent developments in the law. If you are interested in this material and also a Rhode Island resident or have “elders” in Rhode Island, you might also want to join the Senior Agenda Coalition of Rhode Island. Their website is: www.senioragendacoalitionri.org

William Flynn is the executive director and the group works very hard to educate the public regarding elder-issues including state and national events and deliberations that affect us all. For example, this week I received a copy of an article from the New York Times from October 1, 2009 (www.nytimes.com) discussing the impact of the recession on Medicaid and the problems that are likely to occur in 2010 when the stimulus money runs out. Unless things change dramatically in the near future, many states will be forced to cut benefits or provider payments.

The article states: “Medicaid is by definition, a counter-cyclical program. Demand for it is always highest at the time that (sic) states can least afford it because of slumping tax revenues.” My father often repeated the phrase: “A word to the wise is sufficient.” Monitor your local politicians closely (by joining Senior Agenda and other such groups) and consider long-term care insurance. Who knows what will be in place for us and our family members in the future?

Jeremy Howe
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Monday, October 11, 2010

Newport RI Probate and Estate Attorney Jeremy Howe and Associates

Reflections While Rehabilitating

As I write this monthly client note, I am reflecting upon the events of the past two weeks since my new hip replacement. My physical therapist just left my home and I am quite satisfied that I am cleared to climb the stairs to the second floor and to enter and exit the shower.

Since the operation, I have been on unfamiliar ground and have been required to make many decisions affecting my recovery. In making these decisions I turned to the “experts” involved in my care including physical therapists, occupational therapists and nurses. I knew that I would get the best advice from those who are on the “front line” of pain management, muscle strengthening and recovery from a major physical trauma.

As a result of those consultations, I did decide to delay the return to my home by taking advantage of a week of rehabilitation. Similarly, I followed their advice regarding all of the “small” decisions that came up every day. Should I get help putting my socks on or should I do it myself?

Some of this may sound minor but my point is that all of us probably would do better if we “Counsel first” with hands-on experts before we make life decisions, large and small.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Friday, October 8, 2010

A Reminder About the Validity of Your Durable Power of Attorney

Durable Power of Attorney News

When you grant Durable Power of Attorney to another person - your "Attorney in Fact" - you are giving that person the power to act on your behalf in all financial matters. This power endures even if you become incapacitated, disabled or incompetent. However, many people do not realize that once you die, your Durable Power of Attorney is no longer valid; in other words, it dies when you die.

Often, the "Attorney in Fact" will attempt to access accounts post-death only to be told that he or she does not have the legal right to do so. Just recently a gentleman came into our office to discuss this very issue. He was a joint owner of his mother's only bank account, but she was the sole owner of a mutual funds account worth approximately $125,000. On a certain Friday in September, this gentleman thought that he should - as his mother's "Attorney in Fact" - transfer the mutual funds into the joint account so that he could pay her nursing home bills. But because he had other things that needed to be taken care of that day, he put off the transfer intending to do it at the beginning of the following week.

Unfortunately, his mother died that weekend and the son was no longer able to access her mutual funds account. As a result, it became necessary to open a probate estate so that he could be named Executor and then have the necessary power to close the account. While opening a probate estate is not difficult or complicated, it does mean fees and time that might not have needed to be expended.

So a reminder: whether you are granting someone Durable Power of Attorney or whether you are someone's "Attorney in Fact," be mindful of the limitation of this power and act accordingly in managing assets and accounts.
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Wednesday, October 6, 2010

Counsel First with Newport RI Estate Planning Attorneys

A Happier New Year to All

This is one of those years where most of us are happy to have endured the previous year from both personal and business viewpoints. Many of us and many of our friends and family members were challenged greatly in 2009. So following my mother’s dictates we now must “carry on” and we must “take life as it comes.”

In 2010 it behooves us to learn from last year and to move positively into the next year. Many of us start the year by taking stock and making resolutions. I decided to start the year in this newsletter by simply reciting our company mantra for all of our readers: “Counsel First.”

Forethought and preventative advice can avoid future legal difficulties. Unfortunately, many of our elder-law referrals come to us too late and there is little we can offer in the way of asset-preserving solutions. Advance planning is the key. We offer a very reasonably-priced and extensive “tune-up” conference for all clients (and their family members where appropriate) who want to look ahead into the uncertain future. We hope that you will resolve to get this done in 2010.

Jeremy Howe, Kristy Garside and Hilary Carlson.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Thursday, September 30, 2010

Newport RI Elder Law Attorney and Durable Power of Attorney Issue

Testimonial for Elder Law Attorney Jeremy Howe

Jeremy Howe, Newport RI ElderLaw Attorney met with a client recently regarding a family issue involving an attorney-in-fact using a Durable Power of Attorney improperly. After the meeting she wrote:

Thank you again for meeting with me yesterday regarding my family problem, especially on such short notice. I was very pleased with the information and advice you provided. You made it very easy for me to understand my legal standing regarding the concerns as well as the concerns of others who were involved.

Again, I can't thank you enough for the legal counsel and for the consideration you provided me. I especially admired your personable and informative, yet direct, approach regarding my family's specific needs.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Thursday, September 23, 2010

RI Elder Care and Probate Laws

New Rhode Island “laws-in-waiting” regarding Probate and Elders


We in Rhode Island have been living in a strange world when it comes to State (RI) estate taxes. If one died or dies after December 1, 2009 with less than $850,000 as a taxable estate, one would owe no estate taxes. It looks like an exemption on the first $850,000, doesn’t it? But if one dies after December 1, 2009 and has $850,001 as a taxable estate, one is currently taxed on the entire $850,001.

Only in Rhode Island do we see legal consequences like this one!

The legislature in its infinite wisdom is now trying to fix this problem by passing a bill retroactive to December 1, 2009 which will establish a $25,200 estate tax credit effectively eliminating the existing tax. (Senate Bill 2195, House Bill 7611 and House Bill 7612) Another Senate Bill (2115) would increase the estate tax exemption to $1,000,000 effective 1/1/2011 and further increases it to $2,000,000 effective 1/1/2012. The tax would then be eliminated beginning January 1, 2013. There are other offerings before our legislature.

We will keep you posted.

With thanks to CATIC (title insurance company) for helping us with these interesting “news-flashes”. I suggest that we all call our legislator(s) and urge them to clarify these issues and to make RI more business-friendly and taxpayer-friendly by eliminating the estate tax.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Wednesday, September 22, 2010

IRA Beneficiary Restrictions

The Use of Special Beneficiary Restrictions in an IRA

We now have a new tool in our legal planning toolbox. In the past, when we have found that a client-owner of an IRA has concerns regarding a beneficiary with special needs or a beneficiary who is “financially challenged” or who lacks capacity due to minority or other reasons, we immediately thought of a trust as a method of controlling the future use of the gifted funds. Some financial companies have developed a new IRA product called a “special beneficiary restriction”. The owner can divide an IRA and name a transfer-on-death traditional beneficiary (or beneficiaries) and a special beneficiary with the restrictions on the gift.

A special beneficiary designation is not intended for a spouse. An owner can name WHO will receive the IRA at death, HOW the money is to be paid and WHEN the restriction will be lifted in accordance with some simple rules and guidelines.

For example, the IRA can pay the beneficiary a restricted amount equal to the beneficiary’s “required minimum distribution (RMD) until age 50. At age 50, the restriction terminates (or if the account drops below $10,000 the restriction is removed). The owner can also designate an earlier age than 50 to remove the restriction.

A caveat is that the special beneficiary may be restricted as to his or her access to the funds but has full control regarding investment decisions. This tool can save the cost of drafting a trust and the annual costs associated with maintaining a trust.

Whether or not a special beneficiary restriction is right for you as an IRA owner depends on many factors which need to be reviewed in some depth. If you wish to discuss gifting of an IRA via a trust or a special beneficiary designation please call us for an office visit or schedule an “elderlaw-housecall” and we will come to you.


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Friday, September 10, 2010

RI Estate Tax Revision

I repeat: “Where is the Estate Tax Revision?”


In December I wondered in this newsletter whether our national legislators would pass legislation regarding Federal estate taxes. They did not. Where does this leave us? For the moment we estate planners and elder-lawyers are in limbo. If a client has already died in 2010 or if they die soon, there is no current estate tax. There is talk of remedial legislation that will be retroactive to January 1st. Wait till the litigators “get ahold of” that one!

For your information, there is some precedent that Congress can pass retroactive legislation in matters such as this (that affect the federal pocketbook) but we’ll wait and see. There is also talk that the current administration would like to give a “year off” from paying federal estate (and gift) taxes but it is hard to see how that is wise given the current national financial crisis. It would help very wealthy families and hurt less wealthy families who will pay capital gains taxes on inherited assets over $1.3 million dollars.

After 2010 the estate tax exemption will be one million dollars again and the estate tax rate will increase to 55%. That will affect many more families. Standard language found in many estate plans could leave spouses with nothing. It is important to you check with an elder law or estate planning attorney to make sure your estate plan does what you want it to do. Call us with any estate planning questions.

Jeremy Howe. Kristy Garside. Hilary Carlson. 841-5700

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Tuesday, September 7, 2010

Newport RI Elder Law Attorneys and RI Foundation

THE RHODE ISLAND FOUNDATION. WHAT CAN IT DO FOR YOU?


As a family planner, I try to stay on top of any and all resources which might assist my clients in meeting their goals. I recently met with a representative of the Rhode Island Foundation which is a non-profit foundation. The stated objective of the foundation is “to sustain and strengthen the quality of life for all Rhode Islanders” which of course is a noble goal. When the representative called, my first reaction was: “My clients are not rich so what can this foundation do for my clients?” I thought that the primary purpose of the foundation was to provide annual grants to Rhode Island entities from the foundation’s endowment. At our meeting I quickly learned that I knew little about the work of the foundation and that it could be useful for many of my clients.

Here is a short summary of some benefits of involving the foundation in your planning:

1. Cost-free consultations, information and resources regarding charitable planning and giving. (Not legal or tax advice but assisting that advice by your attorney)
2. Accepting and managing endowments for any amount in excess of $10,000
3. Receiving gifts in any amount to add to one of their 800+ funds
4. Reasonable costs (compared to other managing entities)
5. Assisting donors in making very specific donations, gifts or bequests, following through with the donor’s desires and supporting the gift
6. Supporting a “donor-advised fund” where you take an active role in selecting grantees each year (which can also be controlled by your children in the future)
7. Providing income to you or to another for your lifetime through an annuity or a charitable trust

The donor can chose the charity and can be very specific regarding the use of funds by the designated charity. You can honor or memorialize someone forever. The foundation can help you find the right charity to meet your goals. For example, you could establish a scholarship fund in someone’s name. The charity can be in another state as well as in Rhode Island.

For local clients, The Newport County Fund is a permanent endowment of the Foundation and you can direct the use of your endowment to the needs of Newport County. The Maher Center could be designated as a beneficiary, for example.

LET US KNOW IF YOU HAVE ANY QUESTIONS ABOUT THE BENEFITS OF CHARITABLE GIVING.


Jeremy, Kristy & Hilary
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Monday, September 6, 2010

Probate and Estate Attorney in Newport RI

"'In this world nothing can be said to be certain, except death and taxes." ~ Benjamin Franklin


After death, if there is no trust to avoid probate, a “personal representative” known as an executor (will) or an administrator (no will) is appointed by the Probate Court to execute or administer the estate. One aspect of a personal representative’s duties is often overlooked or forgotten entirely causing delay and penalties to the estate and possible liability. It is the responsibility of the personal representative to see that all taxes are paid. This may mean: a final tax return for the decedent; income tax return(s) for the estate itself; and estate tax returns (State and Federal). In the case of smaller estates in Rhode Island where the decedent held an interest in real property, it is necessary to file documents proving that you owe no state taxes to clear the title to the estate.

The personal representative should consult with the attorney for the estate and a qualified accountant to determine the best valuation date for the assets of the estate. There are other important accounting and tax decisions to be made as well. For example, in some cases it is wise to “disclaim” bequests in order to avoid taxes. [With thanks to the KLR tax report (July 2009) for reminding me of this important topic]


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Wednesday, September 1, 2010

Television Prepares for New Reality Shows

It recently came to my attention that television producers are developing two "reality" shows that deal with the distribution of a decedent's estate. The first, The Will, concerns a wealthy benefactor, still living, and the potential beneficiaries in his Will. As in the Survivor, there will be challenges and contests to determine who will be voted out and who will ultimately receive assets from the estate when the benefactor dies. The second, Estate Wars, reportedly will follow the heirs of a person, already deceased, as they fight over the assets of the estate.

While either show might appeal to TV audiences for the potential conflict and emotional scenes, most of us would prefer that our estates not be disbursed in such dramatic fashion. In fact, one of the most basic reasons for executing a Will in the first place is to avoid conflict and ensure that our assets are distributed as we desire.

Your Will is a statement that directs who will receive your property at your death and it appoints a legal representative to carry out your wishes. With a Will, you have the ability to choose the legal representative, your Executor, and to determine how your property is to be disbursed.

If you die intestate - without a Will - the state where you are domiciled will decide who receives the assets in your estate, not the participants in a TV show!
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Thursday, August 12, 2010

Testamentary Capacity

Testamentary Capacity

I just finished reading John Grisham's Testament. In this 1999 novel, the main theme concerns the question of whether an elderly billionaire was mentally competent when he wrote his Last Will and Testament leaving his entire fortune to an illegitimate daughter while omitting his other six children. The issue of whether a client has the capacity to execute estate planning documents is one that often must be addressed by elder law attorneys.

There are different levels of capacity depending on the type of transaction that is being considered. The degree of capacity required to enter into a business contract, for example, is greater than that required to make a testamentary gift or conveyance. In addressing whether the client has testamentary capacity, the attorney should determine, at a minimum, whether the client understands the extent of his or her estate and knows the natural objects of his or her bounty.

There are complexities inherent in determining capacity and each situation will be different, requiring a different level of assessment. There are various tools that can be used to determine capacity such as legal capacity questionnaires and mini-mental exams. Sessions can be videotaped and recorded as a way of documenting the asessment. For some clients, a brief note in the file regarding the client's understanding could be sufficient.

In all situations, though, some type of assessment will be useful in the event that someone, at some time, questions whether the client was competent and the Will is valid.
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

A helpful tool for Estate Planning and “Advance Directives”

We often find that clients do not follow through with all aspects of their estate and post-death plan because they are reluctant to address their mortality. On the other hand, if clients do prepare a comprehensive plan, they often express a feeling of relief and satisfaction. The key word is “comprehensive.” What should a person consider when organizing their plan? Here is a partial list:
  • Disposition of assets
  • Payment of debts
  • Funeral arrangements and special requests regarding the type of ceremony
  • Anatomical gifts for science
  • Anatomical gifts for transplants
  • Living will provisions
  • Disposition of personal property including gifts of specific items to family members and friends
  • Charitable donations
  • Tax consequences of gifts and bequests
  • A family history or personal memoir
It can be a daunting task to organize all of the above matters. We suggest that you review all of these matters with an experienced estate planner and elder lawyer. We also suggest that you consider the use of The Beneficiary Book which is available in book form or in computer disc form. This book is a supplement to a personal or family estate plan. We buy the books and CDs in bulk and deliver them at our cost to clients. Our clients then add their own data and keep it up to date in the future.

Let us know if you would like to look at The Beneficiary Book. We think you will feel better if you leave the gift of a clear and well-organized plan for your family.


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Wednesday, August 11, 2010

"Homecare" doesn't have to mean nurses.

I recently met with my women's networking group called SeniorRULE. We are Resources Unlimited and Liaisons for Elders. One of the members owns a homecare agency, and she has been in business for about 6.5 years now. Kathy Devlin, founder of "All About Home Care" originally started by providing companion care, which did not include CNA or skilled nursing. She could provide companions to do the cooking and cleaning, grocery shopping, driving, and to simply be there for someone who did not have anyone else. She recently went through the administrative requirements so she could also provide CNAs (Certified Nursing Assistant) in the home, but she continues to staff companions.

Kathy felt it was important to remind us that various services can be provided by a companion, and other services are required to be performed by a CNA. Companions can be much less expensive for the patient, and perhaps one should be considered if you or your loved one needs more attention than you are able to provide. It is typical when people begin using a homecare agency to hear, "I should have done this ages ago!"

If you or your loved one is in need of extra help, and you are not sure where to turn, call us at the Law Offices of Jeremy Howe and we can discuss what services may be available in our area and try to make sure your affairs are in order to make your life and those of your loved ones easier.


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Wednesday, August 4, 2010

Elder Law Attorney Assists Client After Death of Loved One

 Testimonial for Attorney Hilary Carlson

After a Middletown, RI client's father passed away, he sought the assistance of The Law Office of Jeremy Howe, LTD.

Attorney Hilary Carlson handled the details of his father's estate and she later received this note from the client:

"Hilary - The day I met you, I was a mess. I was so upset about my dad and everything that I had to get done, and then you helped me out and I just started to feel better.

Thank you so much."


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Tuesday, July 27, 2010

VLP Attorneys Lauded for Free Legal Advice Seminar at New England Deaf Senior Conference

On April 10, 2010, Kristy J. Garside and Hilary M. Carlson, two volunteer attorneys and both associates of the Law Offices of Jeremy W Howe, LTD in Newport, presented a free program,

The "Reality of Advance Care Planning."  

Over 90 participants attended their presentation at the 3rd Biennial New England Deaf Senior Conference at the Newport Marriott Hotel in Newport RI. 

According to Mary E. Lomastro, writing on behalf of the Rhode Island chapter, "You two are to be commended for a truly informational presentation. The topics were very important to the attendees, and they greatly benefited from the information you provided. Thank you for a remarkable job!"

The program was made possible through coordination by the Rhode Island Bar Association's Elderly Pro Bono Program and the Rhode Island Deaf Senior Citizens organization, and is held twice a year in various locations. The Rhode Island Deaf Senior Citizens organization is a non-profit organization headquartered in Coventry, RI with member meetings twice a month.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Wednesday, July 14, 2010

What Robert Shapiro Does Not “Get”

Do you remember Robert Shapiro?


He was O. J. Simpson’s lawyer. Whether you like him or his style you have to admit that he is an impressive and imposing trial lawyer. Frankly, during the past few years, I was quite surprised to see him shilling for “LegalZoom” on TV commercials and on the internet. I asked myself: “Why would a world-famous trial lawyer lower himself to try and convince the public that they can avoid legal costs and draft their own trusts, wills and other important documents?”

Recently, I found out from ElderLawAnswers that he was not only the face of LegalZoom, he was the founder. I will leave it to you to make the call as to why he formed the company. There are other companies who try and sell pre-packaged divorces and other legal documents.

On behalf of consumers, I object to the existence of these companies.


My objection is not a personal financial objection. My law firm will get our share of legal business the “old fashioned way”. I object to the notion that lawyers do not have any role in the estate planning process. We regularly untangle legal work that was drafted by attorneys who should know better. We regularly advise clients who want a trust that they do not need one or convince clients that their goals can be better met with documents or a plan they never considered.

There are many options for clients and LegalZoom never engages clients in an educated discussion of those options. I submit that it is deceptive to declare that by filling out a “cookie-cutter” form that people can draft a legally acceptable and correct set of documents to meet their specific needs. Estate planning is not that simple a task. Class action lawsuits have been filed against LegalZoom for engaging in deceptive practices and for practicing law without a license. There are other lawsuits nationally against Shapiro and LegalZoom.


Modern estate planning involves constant attention to federal and state tax law (income and estate); Medicaid law and procedures; Veteran’s benefits; social security law; elder abuse (physical, emotional and economic) and manipulation; advance directive options; resources for elders losing capacity; resources and programs for remaining at home; care-giver contracts; family dispute resolution and mediation options; funeral and burial arrangements; and Probate Court decedent’s estate, guardianship and conservatorship law and practice.

Estate planning is an ongoing process which requires regular reviews whenever life circumstances change. Shapiro demeans himself and his profession by selling pre-packaged documents and forms.

Caveat Emptor.


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Thursday, July 8, 2010

A surviving spouse can keep the Veteran's Disability Pension payment in the month of their death.

I found the following blurb on the U.S. Senate Committee on Veteran's Affairs website, http://veterans.senate.gov/issues-benefits.cfm

I thought it would be worth noting for those that may have been affected before the administration caught up with the rule changes. I am an accredited attorney with the VA Administration and our office provides information to our clients regarding Veterans Benefits that may be available which relate to funding long term care.

If you, your parent or your spouse (even if you are a widow) is a Veteran, then call us today for more information. 401-841-5700
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Surviving Spousal Benefits—Righting a Wrong:


In November, 2008, Chairman Akaka received a letter from the widow of a veteran regarding the Treasury Department’s seizure of funds from her bank account to reimburse the government for the VA compensation check issued to her late husband the month that he died. The widow had not been notified in advance of this action. Unaware that the funds were no longer in her account, she wrote several checks to honor obligations that she unknowingly could no longer cover. Her bank responded with financial penalties.

The Treasury Department was acting on flawed instructions from VA. Under a 1996 law, surviving spouses of a veteran may, in fact, keep a VA disability or pension check for the month in which the veteran dies. After Committee staff intervention, the widow was reimbursed for the amount at issue and the bank agreed to drop the overdraft fees.

Further examination revealed that the widow’s experience was not an isolated case of poor administration, but rather the result of VA’s failure to update its computer systems and policy in this area. Many other widows or widowers of service-connected veterans over the preceding twelve years may have experienced a similar hardship after suffering the loss of a spouse.
On December 5, 2008, Chairman Akaka contacted former VA Secretary Peake to alert him to the Committee staff findings and to request that he take corrective measures. In his December 11, 2008, response then-Secretary Peake agreed to remedy this error.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Wednesday, July 7, 2010

Will your bank accept your durable power of attorney?

Rhode Island Durable Power of Attorney

A client recently had a problem at Bank of America, as power of attorney for his mother. Their policy was to only allow a durable power of attorney if the account holder presented the original form to the bank themselves! This was a problem because client's mom was unable to leave her home. Be aware of what your bank's rules are in order to avoid a problem.

If you have questions about a durable power of attorney, or other elder law issues, call our attorneys at 401-841-5700. We make housecalls!


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Owning Real Estate as Joint Tenants Can Be Risky or Costly

We have clients who ask us to transfer real estate to a child or children during their life-time in order to avoid probate and for other family reasons. This can cause undesirable tax results (capital gains) when the property is sold by the child or children in the future. Further, a joint tenant can sever the joint tenancy without notifying the other joint tenants which converts the nature of the tenancy to a “tenancy-in-common.”

The most famous decision illustrating this result is a 1980 California decision where a wife conveyed her joint interest to herself as a tenant in common before her death. Upon her death, her husband expected to own the property outright but owned it with his wife’s devisees under her will.

While Rhode Island uses a different form of joint holding by a husband and wife called a “Tenancy By the Entirety”, if another person is added as a joint owner, unexpected results can occur.

The moral... Counsel First!

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.