Social Security Benefits to Edge Up 1.7 Percent

Social Security COLA Going Up

The nation's elderly and disabled Social Security recipients will receive a 1.7 percent increase in payments in 2013. This is expected to raise the average monthly payment for the typical retired worker by $21.  The increase is less than half of last year’s 3.6 percent  cost-of-living adjustment (COLA).

In any case, the modest rise will be partially offset by Medicare's premium increases for 2013, which will be announced soon.  Most Medicare recipients have their premiums deducted from their Social Security payments.  The same COLA will apply to pensions for federal government retirees and most veterans.

“While this modest increase will help, much of the COLA will be consumed by health care and prescription costs, which continually outpace inflation," said Nancy LeaMond, executive vice president of AARP.  "Every day, retirees and other beneficiaries struggling to make ends meet still feel like they’re falling further behind.”

The COLA by the Numbers

Starting in January 2013, the average monthly Social Security retirement payment will rise from $1,240 to $1,261 a month for individuals and from $2,014 to $2,048 for couples. The 1.7 percent increase will apply to both elderly and disabled Social Security recipients, and individuals who receive both disability and retirement Social Security will see increases in both types of benefits.  The maximum Social Security benefit for a worker retiring at full retirement age, which is age 66 for those born between 1943 and 1954, will be $2,533 a month.

Social Security COLA also raises the maximum amount of earnings subject to Social Security taxation to $113,700 from $110,100.  This means that those earning incomes above $113,700 will pay no tax on any income above that threshold.

The COLA increases the amount early retirees can earn without seeing a cut in their Social Security checks.  Although there is no limit on outside earnings beginning the month an individual attains full retirement age, those who choose to begin receiving Social Security benefits before their full retirement age may have their benefits reduced, depending on how much other income they earn.

Early beneficiaries who will reach their full retirement age after 2013 may now earn $15,120 a year before Social Security payments are reduced by $1 for every $2 earned above the limit. Those early beneficiaries who will attain their full retirement age in 2013 will have their benefits reduced $1 for every $3 earned if their income exceeds $40,080 in the months prior to the month they reach their full retirement age.

For 2013, the monthly federal Supplemental Security Income (SSI) payment standard will be $710 for an individual and $1,066 for a couple.

You can find more links and information on our newsletter 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.

Are Digital Wills Coming Soon?

Digital Wills

I was surprised to find that some states have opened the doors to digital wills. As described in The Lawletter from The National Legal Research Group, Vol 37, No 7, it is inevitable that states will soon have to address the rise of the digital will. At presentNevadais the only state to have codified requirements for such wills. TheNevada“Electronic Will” statute is instructive regarding how will execution formalities might be modified to accommodate digital will execution. It also highlights areas of technological improvement necessary to put digital wills on a par with paper wills in protecting against fraud and undue influence. The Nevada Statute requires the testator’s electronic signature as well as an “Authentication Characteristic”. This phrase is designed as “a fingerprint, a retinal scan, voice recognition, a digitized signature or other authentication using a unique characteristic of the person.” Such protective features are not widely available in the market it seems so how practical is this statute? It is easy to imagine the potential for abuse. It is difficult enough to avoid abuse when utilizing the ancient tried and true will formalities. One can only wonder whether future (evil) computer wizards can be restrained from attacking will formalities by staying one step ahead of the authorities. Can we rely upon a digital will “written” twenty years before the death of the decedent at a time when the computer world might have changed so drastically in that twenty year period. Think a 3.5 “ floppy disc written in 1985 on MacWrite, now obsolete. While society is racing into the digital age, this is one advance that will require a lot of thought before implementation.

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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.

Specialists Help Seniors Buy or Sell a Home

Buying a Home as a Senior

Seniors who are buying or selling a house often have very different issues than younger buyers and sellers. Seniors may be contemplating downsizing or moving to a more accessible home, or they may be looking for a way to age in place. A Seniors Real Estate Specialist (SRES) can help senior sellers, buyers, or renters navigate these issues.

SRESs are realtors who have completed a series of courses on how to help seniors and their families with real estate transactions. They specialize in helping people age 50 and older, and they can be used for selling, buying, or renting. An SRES can help seniors look at all the options available, from staying in their home to buying a new home to moving to an assisted living facility.

The first thing to consider is whether you need to sell or whether there might be alternatives that would allow you to remain in the home. If a sale is necessary, then an SRES can help guide you through the process. Seniors who are selling their homes may need help de-cluttering and staging their houses for sale. SRESs also are familiar with the senior housing options in an area and can help you buy a home. For example, if you are purchasing a home later in life, you may want to make sure you have a property that has a good market value and can be easily sold by your heirs. Other things to keep in mind when buying a home are transportation access, too many stairs, and a friendly neighborhood.
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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.

Newport RI Will Client Testimonial

Newport Elder Law Attorney Testimonial

“Thank you for your help in revising my Will. I was very impressed with the work  done by your associate Hilary Carlson. I was impressed by her efficiency and attention to detail. Her gentle spirit and intelligence are, in my mind, great assets to you and your staff. And, since I have limited means, I was grateful for the reasonable fee I was charged for such excellent service. 

If I need legal help in the future I shall return to your office for that advice. I hope you will extend my thank you to Ms. Carlson also.”

~ Client wishes to remain anonymous

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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.

5 Ways Your Will Can Become Useless, Or Close to It

Out of Date Wills

Is having an out-of-date will better than having no will at all? While wills do not have expiration dates, certain changes can render them useless. When this happens, having an out-of-date will can be the same as having no will at all. It is important to review your will periodically to ensure it still does what you want.

The following are five ways your Will can become out-of-date:

Your beneficiaries have died. What happens if your will leaves your estate to your two siblings, but both siblings die before you? If your beneficiaries predecease you, your will is still technically valid, but it will have no effect on who will inherit from your estate. Instead, your estate will be distributed according to the law in your state, just as if you had died with no will at all.

You have potential new beneficiaries. A will that was written before you got married or had children will be of little assistance in distributing your estate. States have provisions that protect spouses and children that come after a will is written. In most states, spouses are entitled to a certain percentage of an estate. In addition, many states have laws that protect children born after a will was written, allowing them to inherit from the estate. It's possible that under the laws of your state, a spouse and children not named in your will may not receive as much as you would have wanted them to. In both of these circumstances, state law is dictating where your estate is going, not you.

Your executor is dead or unable to serve. The executor (also called a personal representative) is the person named in your will who oversees the distribution of your property. If the person you named as executor is unable to serve, the court will have to appoint someone else. Beneficiaries may have a say in who is chosen, but it may not be someone you would have wanted in the position.

You no longer own property named in the will. Suppose your will attempts to divide up your estate equally by giving cash to your daughter and property of equal value to your son. If the property is sold before you die, your son will receive nothing. In this case, your will is no longer ensuring your estate is divided equally.

The law changes. If your estate plan was designed specifically to avoid estate taxes and the estate tax law changes, your will may no longer serve its purpose.
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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.

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.

Elder Law Attorney in Newport RI

WE MAKE HOUSE CALLS.

WHY?

BECAUSE WE ARE “SELFISH!”

Elder care-givers and professionals know well that elders need (and deserve) “special treatment.” In our law office we don’t “rush them,” we enunciate clearly, we work at a slower pace. We respect them and don’t talk to them as if they are children. We listen carefully to their questions and comments. We also listen to their children but preserve their dignity when listening to their spokesperson. These practices follow common sense and are not unusual.

While we have handicapped ramps and an elevator at our office, we have decided to make house-calls. Why? Obviously, some elders don’t travel well or don’t travel at all. Despite the loss of time (and billable hours) to us, we will travel anywhere in Rhode Island to meet with clients and their family members. My father pointed out (often) that most of what appears to be “generous” is in fact “selfish.” We agree. We are in business. We want to meet more clients. We want clients to trust us and to accept us as their family advisors. We know that they are most comfortable on their “turf.” A cup of tea at the kitchen table often leads to good feelings on the part of the potential client who has become a “host.” Sometimes “selfish” motivations can work to benefit both client and attorney.

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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.

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.