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.

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.

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.

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.

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.

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.

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.