Attorney Kristy Garside Receives The Rhode Island Bar Association’s Pro Bono Publico Award

FOR IMMEDIATE RELEASE

FAMILY LAW AND ELDER LAW ATTORNEY, KRISTY GARSIDE, RECEIVES PRESTIGIOUS AWARD FOR PRO BONO ACCOMPLISHMENTS

June 10, 2013, Newport, RI:  Kristy Garside, a family law and elder law attorney with The Law Offices of Jeremy W. Howe, Ltd., has been awarded the prestigious Rhode Island Bar Association’s 2013 Pro Bono Publico Award for her outstanding efforts in providing equal access to justice to the poor through the Volunteer Lawyer Program.  The Rhode Island Bar Association’s Pro Bono Publico Awards program seeks to identify and honor individual lawyers who have enhanced the human dignity of others by improving or delivering volunteer legal services to the poor and disadvantaged.

Kristy Garside has been advocating on behalf of impoverished Rhode Islanders since law school, when she received her J.D., from Roger Williams University School of Law in 2004.  She has been an active participant in the Rhode Island Bar Association’s Volunteer Lawyer program for many years.  Garside offers her family law and elder law knowledge and expertise to the volunteer program, which provides legal assistance to low-income clients who are financially unable to obtain legal representation.  She is among over 1000 private attorneys in the State of Rhode Island who volunteer their time for this program.

Newport Attorney Jeremy Howe, of The Law Offices of Jeremy W. Howe, Ltd., offered his congratulations to Garside, saying, “We are very proud of Kristy.  Her legal work is of the highest quality, even when she isn't being paid. Kristy truly cares about the people she represents."  Garside will accept her Pro Bono Publico Award on June 13, 2013 at the Rhode Island Bar Association’s Annual Meeting Dinner.

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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

Fiscal Cliff Deal Brings Changes to Estate Taxes and IRAs

'Fiscal Cliff' Deal Brings Changes to Estate Taxes and IRAs

Congress finally came to an agreement to avoid the "fiscal cliff," and the agreement includes some changes to federal estate taxes and Individual Retirement Accounts (IRAs). The American Taxpayer Relief Act sets a permanent estate tax rate and provides a tax break for cash donated to charities from an IRA.

The new law makes only minor changes to the federal estate tax. The amount that you can transfer tax-free either during life or at death will remain the same as it has the past two years. The law permanently sets the estate tax exemption at $5 million for an individual (now $5.12 million due to inflation) and $10 million for a couple (now $10.24 million).  (With new inflation adjustments, the exemptions are estimated to rise to about $5.2 million and $10.4 million.)  The lifetime gift tax exclusion – the amount you can give away without incurring a tax – also remains the same at $5.12 million.  But you can still give any number of other people $14,000 each per year without the gifts counting against the lifetime limit.

Under the new law, the gift and estate tax rate will increase from 35 percent to 40 percent. This means that if you transfer more than $5.12 million either during your life or upon your death, your estate will be taxed at 40 percent. The new law also makes permanent the "portability" provision currently in place. This allows a surviving spouse to add the unused portion of a deceased spouse's exclusion to his or her own. Note that portability is not automatic -- the estate must file an estate tax form when the first spouse dies even if no tax is owed.

The new estate tax rates and rules are “permanent,” but only until Congress decides to revisit them and the President agrees to the changes.  But keep in mind that the new law does not address state estate taxes, which many states have.

The fiscal cliff deal also brings back a tax provision called the IRA charitable rollover that had expired in 2011. The law extends the provision through 2013. This allows investors aged 70 ½ or older to transfer as much as $100,000 a year from an IRA directly to a charity without counting it as taxable income. Non-Roth IRA owners are required to take yearly minimum distributions from their IRAs starting at age 70 1/2, and the charitable donation can count toward the taxpayer's minimum required distribution for the year.


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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.

What You Need to Know About Palliative Care

What You Need to Know About Palliative Care

By Philip Moeller

Even the healthiest senior may eventually face serious illness and, of course, death. Seniors know this, and so do their family members and other loved ones. Despite this certainty, we are seldom prepared for late-stage and end-of-life illnesses. And we are even less comfortable talking about them.

Done right, palliative care is an enormous game-changer. It brings openness and fresh air to these topics. It can deliver a range of medical, psychological, social-support, and even spiritual services to patients and family members. It can provide all these resources without costing more money and, in some cases, can even save money by helping people receive care in their homes and not in more costly hospitals. Ideally, it should be available for a broad range of serious but not necessarily life-threatening health conditions.

Most importantly, palliative care and hospice, for those who are near the end of life, have been proven to extend lives and improve the quality of the time remaining for patients and their families. Further, we know what works and how to provide this care. Odds are, however, you have never heard of palliative care or if you have, you aren't really sure what it means.

Jane de Lima Thomas was in that boat only 10 years ago. And she was a doctor, no less, in the process of becoming a geriatrician. Early in her career, she recalls, "I took care of a lot of patients who were in the final stages of their life. The care I was able to provide didn't feel good." Something was missing in terms of helping patients and families cope with the broad range of health, quality-of-life, communications, and other challenges.

"I didn't even know there was a field called palliative medicine," she says. "I didn't hear about it in medical school and it wasn't part of the medical-school curriculum." Thomas made it part of hers. She is now associate director of the Harvard Palliative Medicine Fellowship Program at the Dana-Farber Cancer Institute in Boston, and teaches palliative care at the Harvard Medical School.

Hospice is an important component of palliative care, but only part of what it does. "My job isn't just to help people facing the end of their lives," although she certainly does that, Thomas says. "I feel like my job is to help anybody who has a serious illness."

"I feel so passionately that this is something we can learn to do much better," she says, while admitting that discomfort—amongst doctors as well as consumers—poses barriers to expanding palliative care, as do culturally driven approaches to medicine and medical reimbursement rules that can discourage providing palliative-care services.

"I think in our society, we are inclined to think of issues of health as a battle and we fight for life," she says. "And when someone dies, it's often portrayed as somehow we've lost a battle."

Palliative care, by contrast, recognizes "what medicine can do for a patient and what is beyond the power of medicine to provide." It includes a team of professionals, not just a doctor. Thomas rattles off a list that includes a physician, nurse, social worker, pharmacist, chaplain, occupational therapist, musical therapist, and others.

Daniel Johnson is a palliative-care expert who wears multiple hats for Kaiser Permanente in Colorado. He also helps educate new doctors through the Life Quality Institute. Thomas and Johnson are two of five doctors recently honored for their work in palliative care by the Hastings Center, a nonprofit bioethics research institute.

Read more HERE


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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.

Guardian Must Maintain Ward's Estate Plan

Guardian Must Maintain Ward's Estate Plan

A guardian of the estate may not change his ward's estate plan by re-titling funds formerly held in a joint account. In Re: Falucco (Super. Ct. Pa., No. 2105 WDA 2000, Jan. 4, 2002).

In 1997, Annette Fallucco placed two accounts containing certificates of deposit (CDs) totaling $139,314 in joint tenancy with her son, James. Five days later, Mrs. Fallucco executed her will, which provided specific bequests to her son and daughter, with the residuary estate to be distributed in equal shares to her grandchildren and one great-grandchild. On December 19, 1998, James withdrew the funds in the CDs and placed them in three individual accounts titled in his name only, although he did not withdraw any principal or interest from the CDs or accounts.

In 1999, Mrs. Fallucco was declared incapacitated and Thomas Dempsey was appointed guardian of her estate. After his appointment, Mr. Dempsey requested that James return to the estate the funds previously held in the joint accounts, which James did. Mr. Dempsey then placed the funds in an account titled in his own name for the benefit of Mrs. Fallucco, and did not include James as a joint tenant. Mrs. Fallucco died on June 23, 1999. Mr. Dempsey's final account of the estate included the funds previously held in the joint accounts. James filed objections to the inclusion of these assets, and on August 25, 2000, the Orphans' Court directed the executor of the estate to release the funds, plus interest, to James. Mr. Dempsey and the residuary legatees appealed.

The Superior Court of Pennsylvania affirms, concluding that Pennsylvania law forbids a guardian of the estate from changing the estate plan of the incapacitated person, except upon petition to a court. The court finds that Mrs. Fallucco intended to make a testamentary disposition of all her assets through her will and the jointly held accounts. Therefore, the court rules that the jointly held assets should not pass through her will as part of the residuary estate. Once James had returned the funds to the estate, the court holds that Mr. Dempsey should have restored the status quo and re-titled the joint accounts in the names of Mrs. Fallucco and her son.


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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.

Government in Debt Over Reverse Mortgages

Government Plans Big Reverse-Mortgage Curbs

By Philip Moeller

Reverse mortgages, long criticized for high fees and other anti-consumer features, turn out to actually be the opposite—such a good deal that the government is nearly $3 billion in the hole on outstanding mortgages. As a result, the Federal Housing Administration (FHA) will later this month unveil sharp curbs on its loan product, called the Home Equity Conversion Mortgage (HECM).

When the new rules are issued, consumers will need to take a close look at the terms of these loans. While the specifics of the changes have yet to be announced, they will lead to consumers being able to access a smaller share of their home's equity when they take out a reverse mortgage. In addition, lenders will probably be required to set aside a portion of the borrower's home equity to pay future property taxes and home-insurance premiums. And there may also be limits that restrict lower-wealth borrowers from taking out a HECM.

The FHA (and thus taxpayers) has been losing the most money on the most popular HECM loan: a fixed-rate loan known as the Standard HECM loan. This type of loan will be halted under the new rules. Most borrowers thus will be required to consider a newer reverse mortgage called the HECM Saver.

The HECM Standard loan often carries steep insurance fees and other charges. But it pays out a higher percentage of a homeowner's equity than the Saver, which charges nearly no insurance fees and is less costly to consumers. But it is also a more conservative loan to the FHA because it pays out a smaller percentage of an owner's equity than does the HECM Standard loan. This provides the government a bigger cushion against loan losses that could eventually lead to costly insurance claims by private lenders.

Read more HERE


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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.

Baby Boomers More Savvy Social Security Recipients

New services help boomers max out Social Security

By Linda Stern

(Reuters) - It is no surprise that as the baby boom approaches its Social Security years, it is turning the decision about when to start collecting benefits from an automatic move into a major planning and research opportunity.

Having intensively looked into car seats and college admissions for their kids and tried to map out careers and 401(k) plans, boomers now will focus attention on squeezing Social Security for all it is worth.

"Baby boomers are the first generation that isn't going to put up with crappy advice," says William Meyer, chief executive officer of Social Security Solutions Inc (here), one of a number of new companies selling Social Security strategic planning to future recipients. "They are the generation that demands more."

Meyers and his business partner, William Reichenstein, a chartered financial analyst and Baylor University professor, have spent several years writing technical papers for financial advisers about how their clients can optimize retirement benefits.

There are a numbers of reasons why Social Security optimization is a new trend. The retirement program's rules are complex, allowing for a variety of claiming strategies. The boomer generation is the first to have dual-income households for most of its working years, so spouses have more options for coordinating benefits. Members are being told to delay drawing on them as long as possible, even while many people are being forced into early retirement. And the Internet's ability to present sophisticated analytics and optimizing algorithms makes these strategies a numbers game for anyone who wants to play.

Companies like Meyer's have jumped into that space. Other competitive sites include MaximizeMySocialSecurity.com -- started by another longtime retirement analyst, Laurence Kotlikoff of Boston University -- and SocialSecurityChoices.com, founded by partners including Jeffrey B. Miller, an economist who has worked at the Social Security Administration. These companies all charge nominal amounts, between $20 and $40, to do a computerized analysis that will tell consumers what their best strategy is. AARP also has a free version on its website, here

They are all different, but they all point to the same conclusion: If you optimize your Social Security strategy you can save tens or even hundreds of thousands of dollars over your retirement lifetime. Here's how to approach that exercise:

-- Know the basic strategies. The longer you delay collecting Social Security (up until age 70) the bigger your monthly benefit will be. Married couples can tag-team, with one spouse claiming "spousal" benefits (equal to half the monthly check the other spouse would get) to delay his or her own benefit until it reaches its maximum, and then switching. Divorced couples who were married for at least 10 years can double down; each spouse is allowed to claim the other's benefits for a few years before switching to the bigger benefit. Single people who delay benefits until age 70 can maximize their checks for the rest of their lives; it is a way to provide some longevity protection without buying an insurance policy.

-- Pay for the advice. The way Social Security benefits are calculated is nuanced, so it pays to get someone to do the math for you. Check these services to see which you like best. Not all cover all situations, such as divorce. You may find one easier to use or clearer. You could get reports from all four of the services mentioned here for under $100. That's a small amount to pay if it will save you even a fraction of what they claim.

Read more HERE

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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.