Till Debt Do We Part?

Till Debt Do We Part?

In community property states, both spouses are responsible for any debt that has been incurred while they were married. 

That means if one spouse doesn’t pay an outstanding credit card debt accumulated during the marriage, then the other one must pay, or risk credit damage and collection actions. The credit card company doesn’t view it as “his” or “her” debt. Instead, they see one debt, and if they can’t collect from one party, they will try to get the entire balance from the other party.

To read more about divorce and credit card debt, click on the following link:

http://www.foxbusiness.com/personal-finance/2013/07/12/divorce-and-card-debt-in-community-property-s…

However, if you are divorcing in Rhode Island, it is important to note that Rhode Island is not a community property state, but instead is an equitable distribution state. 

In Rhode Island, marital property is considered to be all property acquired during the marriage by both partners. If there is a divorce, the court will aim to distribute one half of this property to each spouse unless the court finds such a division to be inequitable or unfair. In order to decide this, the court looks at various factors such as length of marriage, age, health, employability, other sources of income and any debt.

Are you a resident of Rhode Island and considering divorce?

The experienced lawyers at Law Office of Jeremy W. Howe, LTD. and the mediators at Partners In Mediation offer you two options in order to proceed with your divorce or other family disputes and problems.

Learn about these options and which would work best for you by calling or contacting Jeremy Howe for a free comprehensive telephone consultation. Attorney Howe and his team of family court lawyers have been providing quality divorce and family representation in all Family Courts in Rhode Island for nearly four decades. He and his co-mediator have mediated hundreds of divorce, family law and elder law cases across the state of Rhode Island.

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For more information, please visit them on the web at http://www.counselfirst.com

Baby Boomers and Divorce

Baby Boomers are divorcing in record numbers. 

In 1990, 1 out of 10 people over the age of fifty divorced. Ten years later, a surprising to 1 out of 4 people aged fifty years or older, are choosing to end their marriages.

While the idea of divorcing after age fifty may seem especially painful because of old memories or fears of being alone later in life, recent research shows that the age and experience of Baby Boomers, makes them better equipped to handle the challenges associated with divorce. In fact an AARP study shows that 3 out of 4 Baby Boomer divorcees say that they made the right decision in choosing to divorce.

For Baby Boomers who may suddenly find themselves single again, there are some general principals and tips to help cope with life post-divorce.

To read tips for divorced Baby Boomers and to view an interesting info-graphic on the new “gray” divorce trend, please click on the following link:

http://www.huffingtonpost.com/allison-pescosolido-ma/the-gray-divorce-tips-for_b_3454624.html

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

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

A Medicare Trap

A Medicare Trap

My associate attorney Kristy Garside and I presented material on Social Security, dividing pensions, Social Security Disability, Medicaid and Medicare at a Rhode Island Bar Association seminar last week. The seminar was delivered to about 50 attorneys and was titled “When Your Older Clients Divorce.” The Medicare portion of our presentation utilized written material by Robin G. Smith of Robin G. Smith Consulting, an elder-advice professional. We emphasized a “Medicare Trap” from her material.

Medicare Part B covers doctor visits, lab tests, diagnostic imaging, and outpatient procedures, and can be thought of simply as a classic 80/20 health insurance plan. Neither Part A or part B covers prescription drugs. Having BOTH Parts A and B is necessary to get either Supplemental insurance (Medigap), or to enroll in a Medicare Advantage plan (Part C). The problem “trap” is regarding those over 65 who are still working and covered by their employers insurance (and their spouses): The worker and spouse can elect to decline Part B (thus avoiding paying the premium) without incurring a late sign-up penalty. However, if the employee retires or otherwise loses employer coverage, he and his over 65 year old spouse MUST sign up for Medicare Part B within 63 days of leaving the job, even if the employer had offered COBRA benefits. Failure to do so will incur a Medicare penalty for late sign-up that is both financially onerous and permanent. Medicare counts the time from the day the employee left the job, and does not take COBRA payments into account at all. In addition, the spouse might not be able to sign up at all until long after the date the coverage ended. When a couple divorces, the divorce settlement often requires coverage until the non- working ex-spouse reaches age 65. The ex- spouse must sign up for Part B to avoid a Medicare penalty. If the divorcing parties are over 65, and have been covered by the other’s employer’s insurance, the spouse must sign up for Part B upon the divorce.

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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.

Social Security's Benefits for Spouses

Social Security Benefits for Spouses

Read more HERE

Social Security doesn't just pay retirement benefits to retired workers; in some circumstances, it also provides benefits to a worker's spouse or ex-spouse and to a deceased worker's surviving spouse.

Here are the ins and outs of spouse and survivor benefits.

Spousal Benefits

Spouses are entitled to benefits if the marriage lasted at least 10 years. A spouse is entitled to an amount equal to one-half of the worker's full retirement benefit. To receive this benefit, you must be at your full retirement age or caring for a child who is under 16 years old. In addition, your spouse must have filed for Social Security retirement benefits even if he or she isn't receiving them.

If you could receive more from Social Security based on your own earnings record than through the spousal benefit, the Social Security Administration will automatically provide you with the larger benefit. If you have reached your full retirement age, you may also elect to receive spousal benefits and delay taking your benefits, allowing your own delayed retirement credits to accrue, and switch to your own benefit at a later date. However, you cannot elect to receive spousal benefits below your retirement age and later switch to your own benefits.

If you begin collecting your spousal benefit before your full retirement age, your spousal benefit will be permanently reduced. But if your spouse retires early, but you wait until your full retirement age, you will still receive benefits based on one-half of his or her full retirement benefit.

Divorced spouses

An ex-spouse is also entitled to receive one half of the worker's full retirement benefit as long as the marriage lasted at least 10 years. Unlike a current spouse, a divorced spouse can begin receiving benefits even before the worker has applied for benefits. The worker must be at least 62 years old and the divorce must have been final for at least two years.

Survivor Benefits

If you are a surviving spouse at full retirement age, you are entitled to the worker's full retirement benefits. If the worker delayed retirement, the survivor's benefit will be higher. Survivors are entitled to benefits even if they are divorced as long as they had been married for at least 10 years. If you file for benefits before you are over age 60, but below full retirement age, you will receive a reduced percentage of the worker's benefits. Surviving spouses who are younger than 60 receive benefits only in limited circumstances, such as cases of disability or caring for a disabled child.

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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.

Newport RI Divorce Case Results

Barrington Divorce Attorney Results

We represented our client as the seller’s agent at a real estate closing on the marital home, several months after the Final Judgment had entered. Our client had since moved out of state, and needed to appoint a Power of Attorney to attend the closing on his behalf.

We also reviewed the closing settlement statement with regard to disbursement of the final proceeds. We were able to point out that overdue motor vehicle taxes should have been allocated to the ex-Wife’s portion, and that our client should not be responsible for those.

This resulted in a savings of more than $800.00 to our client.

Kristy J. Garside, Esq.
Associate Attorney
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The Law Offices of Jeremy W. Howe, LTD. are Elder Law Attorneys in Newport, 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

KLR Article: Seven Reasons to Review Your Will

Our office received this article from the montly e-newsletter supplied by Kahl, Litwin Renza & Co, Ltd. (KLR). Their office can be reached at 888-KLR-8557 or their webiste at www.KahnLitwin.com. We thought our clients would be interested in this "short list" of reasons to review your will.

Seven Reasons to Update Your Will

Wills Must Keep Up With Life Changes

A will is an essential part of planning for the future. But don't think creating a will is a one-time proposition. Even if you have a valid document, it may need to be updated for a variety of reasons. For example:

1. Deaths - If individuals named (as heirs or executors) have died or they become incapacitated, a will should be changed.

2. Assets - Revisions may be needed if the value of assets has increased or decreased significantly, or they are no longer owned. For example, if you specifically leave your home to one of your children, and later sell it, you may want to change the distribution of your other assets.

3. Marriage - Wedding bells usually signal the need to review a will. Which assets should pass to your spouse? Are step-children involved? If this is not spelled out in a will, the state will decide. In a community property state, a spouse automatically inherits half of all community property. In most other states, a spouse may receive one/third to one/half of the estate, absent any other directions.

Also, keep in mind that an unmarried couple living together may want to leave assets to each other but in order to make an inheritance happen, it must generally be spelled out in a will.

4. Divorce - In many states, a divorce automatically revokes a will or those provisions concerning an ex-spouse. As a result, if you get divorced, it's best to have a new will drafted. For instance, you might have your former spouse removed as a primary beneficiary. In addition, you may want to change the beneficiary of your life insurance, pension or any existing IRAs. Consider the use of a trust if children from a previous marriage are involved.

You may also want to change your will if one of your children gets divorced.

5. Births - Once parents have children, their wills should be amended immediately to include the names of guardians to care for the children in the event the parents die prematurely. Also, parents or grandparents might wish to restructure their wills concerning distribution of assets after children are born. Again, the use of a trust may be recommended.

6. Retirement - This event may also trigger the need to make changes to an existing will. For example, many retirees sell their homes and move to other states. But state laws can vary widely. Furthermore, individuals may consider a power of attorney that enables someone else to act on their behalf in the event of certain illnesses.

7. Tax law revisions - The Internal Revenue Code is regularly changed. In fact, many aspects of estate tax planning are in flux right now. A will should be designed to take advantage of maximum tax benefits that exist today so it may have to be updated as tax laws change.

Where is It?

Before it's too late, people should let someone know where their original will is stored. If one can't be found after a person dies, a court may decide it was destroyed. Have your attorney and/or your accountant retain the original will. Ask them what will happen to the document if they die, move, or quit practicing.

Store the will at home. Of course, it could be lost, inadvertently destroyed or discovered by an interested party who could deliberately destroy, conceal, or alter it.

You don't have to tackle this problem on your own. If you need to update a will, rely on your estate planning advisers to guide 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.

Social Security - Some Surprise Benefits

Social Security News

We are all generally aware of how Social Security works but when we assist in estate planning for clients there are many things to consider, especially if the client has been divorced. A few of the considerations follow:

• A widow or widower, at full retirement age or older, receives 100 percent of the worker’s basic benefit amount
• A divorced spouse of a worker who dies could get benefits just the same as a widower if the marriage lasted 10 years
• Note: remarriage can end the deceased spousal or former spousal benefits
• In one-earner families, the working spouse can “claim and suspend benefits” so that at full retirement age, he or she continues to work and “claims” benefits, then “suspends” benefits, which enables the non-working spouse to receive a spousal benefit
• In two-earner families, a surprising result can occur. If one worker takes social security at full retirement age (now 66 years old), that spouse can receive the monthly benefit and can continue working with no penalty. At full retirement age, his or her spouse can receive an amount equal to 50% of the spouse’s monthly benefit each month without affecting his or her ability to continue to work until age 70 at which time he or she can receive a substantially higher amount per month due to “delayed retirement credits.”
• A bigger surprise is that a former spouse (not remarried, where the marriage was at least ten years) at full retirement age can also receive an amount equal to 50% of the former spouse’s monthly benefit each month without affecting his or her ability to continue to work until age 70.

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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.

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.