Showing posts with label Newport RI lawyer. Show all posts
Showing posts with label Newport RI lawyer. Show all posts

Wednesday, February 20, 2013

Caring for Aging Parents - Finances

7 ways to help aging parents handle finances

By Robert Powell

Make no mistake about it, there’s a large generational role reversal taking place in this country. Adult children are increasingly providing advice and counsel to their aging parents about a wide variety of financial and nonfinancial issues. And, they are being asked to answer questions about everything from Medicare to how to reinvest a maturing CD.

Knowing full well that you might be called upon to become a subject matter expert, if you haven’t already, we asked experts for some help.

“Children of aging and/or disabled parents need to help their parents face up to the decisions they need to make now,” said Chris Cooper, the owner and founder of ElderCare Advocates.

Below is what experts said adult children and aging parents ought to consider, now.

Financial matters

All of us are going to lose our ability to make more complex financial decision when we reach advanced ages, said Michael Finke, an associate professor at Texas Tech University. “The problem is that we often don’t recognize the decline,” he said.
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How to protect your retirement in 2013

This is very similar to what happens to older drivers, he said. “Since the decline is so gradual and consistent (we measure the decline in financial decision making at about 2% per year), we often don’t recognize when we become vulnerable to making mistakes,” said Finke.

So, his advice to aging parents and their adult children is this: “Part of a retirement plan needs to be accounting for the decline in our ability to make these decisions,” said Finke. “That means sitting down with a trusted relative or financial adviser and putting a plan in place to delegate some decisions in advanced age,” he said.

Selecting investments that require less active management, such as annuities or a managed payout mutual fund can also help. “We need to not only protect our portfolio against market risk, we also need to protect it against the risk of cognitive decline,” said Finke.

And for adult children, Finke’s recommended the following: “Create a plan with an older parent that includes establishing a power of attorney and allowing an adviser to contact a trusted child if they become aware that the parent is making financial mistakes.”

What’s more, Finke advised doing this sooner rather than later. “Putting the plan in place early in retirement before cognitive decline begins may be easier than convincing a parent who is exhibiting signs of dementia that they need to relinquish control of their finances,” he said.

Jack Tatar, author of “Safe 4 Retirement: The 4 Keys to a Safe Retirement,” agrees. “We all end up having the conversation, but usually too late, when mental capacities are diminished and certain expectations may be set, such as one sibling’s belief that they will get this or that.”

Having these conversations, said Tatar, provide peace of mind for everyone. “Allowing the retiring/retired parents to be more comfortable living out their retirement dream and providing the adult child with a major task done,” he said. “These conversations should result in documented plans, which should be updated regularly.”
Get those documents in order

Speaking of documents, Tatar said, one major way adult children can help their aging parents is make sure all their affairs are in order. “Adult children need to be sure that their parents have things documented such as wills, assets, end-of-life considerations, even their medications and health records,” said Tatar, whose new book, “Having ‘The Talk” with Your Parents About Retirement,” will be published in January 2013.

In some cases, an adviser could be the central point of contact or the adult child, or both.

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.

Tuesday, April 26, 2011

SHOULD YOU DRAFT YOUR WILL ONLINE?

Online Wills?

A client asked me whether she should go on-line and draft her own Will. She is very computer-savvy and assumed that she could figure out the requisites of a Will and do it herself.

My response was quick, honest and direct.

A Will is a unique legal document because the person who writes it, the testator, will not be around to explain it. Further there are legal requisites to a valid Will. The Will must be executed (signed and witnessed) properly or it is not valid. If it is executed or prepared improperly, the impropriety will not be discovered until it is too late. I told my client that we frequently see Wills prepared with the assistance of an attorney that are incomplete, inaccurate, invalid or otherwise problematical. There is a necessary ritual that must be followed when the Will is signed. It is not as easy as it seems to write a proper Will which can with-stand a challenge in the future.

The process looks like this: All assets, debts and income are reviewed. All heirs and beneficiaries are listed. Non-probate assets and transfer-on-death (TOD) assets are considered. Medicare and Veteran implications are looked at as well as present and future tax ramifications. Other documents such as a Durable Power of Attorney, a Medical Durable Power of Attorney and a Living Will Declaration are drafted. All documents are reviewed with the client. Any earlier Will is properly revoked. Then the new Will is signed in accordance with the law in the state where it is executed. Each page of the Will is initialed. The witnesses to the Will sign a sworn affidavit which will prove the Will in the future. Attorney notes are preserved. The original documents are stored in a safe. The clients file is placed on the calendar for a review (free of charge) in three years.

Call Jeremy Howe to discuss Will questions or for more information on your estate planning and probate concerns.

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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, April 7, 2011

Law Office of Jeremy Howe, LTD Mediation Seminars

In our ongoing efforts to maintain the highest levels of education, information, and involvement in the Elder Law and Family Law fields, we continuously update our skills and legal education through attendance and involvement in seminars and speaking engagements in New England.

Below are some of our undertakings from March and October of 2010.


March 15 and March 19, 2010
Mediation training under the supervision of Bruce Kogan, Roger Williams School of Law
guest lecturer on “Mediating pension issues”
observer and commentator on the final student mock mediation

March 25, 2010
Mediation presentation for the National Association of Social Workers “From BFF to YBS” (From “Best Friends Forever” to “You’ll Be Sorry”, HOW MEDIATION CAN HELP.
Jeremy Howe presented with Frank & Michelle Geremia and Bryna Bettigole from the Rhode Island Mediators Association

October 27, 2010
Rhode Island Association of Mediators- mediation training
Mediation of Advanced Financial Cases, “Organizing the Data
And Balancing the Power”,
Jeremy Howe presented with co-mediator Nancy Johnson Gallagher, LICSW

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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, January 20, 2011

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.

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.

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.

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.

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.

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.

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.

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.

Thursday, August 12, 2010

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.

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.

Wednesday, July 7, 2010

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.