Newport RI Estate Lawyers to Participate in Holiday Charity Event

December, 2010 – Newport, RI

From November through December 10, 2010, Attorney Kristy Garside on behalf of the Law Offices of Jeremy Howe will participate in Elves for Elders, a charitable event organized and facilitated by Seniors RULE (Resources Unlimited-Liaisons for Elders). Seniors RULE is a non-profit organization whose members provide services for seniors. The services provided can be found at seniorsrule@myway.com.

The event involves a secret-Santa program whereby the names of elderly individuals in nursing homes in Rhode Island who may not receive a gift during the holiday season are gathered and placed on a Christmas tree for others to purchase a gift. The trees are placed throughout the states at various locations, and will come down on December 10. The gifts will then be wrapped and distributed by Seniors RULE members.

When asked what prompted the office’s involvement in the group, the attorney replied, “This is the time of the year when a lot of elderly people feel the most isolated, some of them literally. We take full advantage of every opportunity to become involved in community outreach programs and donate our time. I think we would all like our communities to be there for all its members, even if they have no loved ones who are able to be there for them. You never know whose life you're going to touch.”

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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.

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.

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.