The CLASS Act Is “Dead on Arrival”

CLASS Act  News

The publication Special Needs Answers  reported that The Obama administration has suspended implementation of the CLASS Act, a proposed national long-term care insurance program that was part of the health reform law.

The CLASS Act is the first big part of the health overhaul to be killed. Health and Human Services Secretary Kathleen Sebelius described the intended program as a voluntary program wherein workers could pay premiums and would be eligible after years for a benefit that could help pay for long-term care services.

The theory sounded good: “CLASS would not only give Americans who knew they were likely to require long-term services and supports an affordable way to prepare for the future. It would also give young and middle-aged Americans a way to insure against the possibility that they would someday require this kind of care themselves. Because all benefits would be paid out of premiums, it wouldn't cost taxpayers a dime (emphasis supplied) and CLASS would provide relief for State and federal budgets, which currently … bridge the long-term care coverage gap with scarce Medicaid dollars.”

The Secretary and her analysts could not develop a program that would meet the program’s financial objectives: “When it became clear that most basic benefit plans wouldn't work, we looked at other possibilities. But …, we have not identified a way to make CLASS work at this time.” Speaking for myself and for others who work in the field, it is clear that our leaders and legislators do not understand the import of the laws they are proposing and passing and they try to accomplish things that are near impossible.

The cost of nursing home care and long-term care has risen dramatically in the past two years. How are legislators to structure a program that will predict the economic realities of long term care in the future?

I respectfully suggest that they are out of their league.

------------------------------------------
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.

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

------------------------------------------
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 Probate and Joint Tenancy

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

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

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

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

------------------------------------------
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.

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.

------------------------------------------
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.

------------------------------------------
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
------------------------------------------
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 Elder Care and Probate Laws

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

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

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

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

We will keep you posted.

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

------------------------------------------
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 Elder Law Attorneys and RI Foundation

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

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

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

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

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

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

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

Jeremy, Kristy & Hilary
------------------------------------------
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."


------------------------------------------
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.