Shields and Boris Elder Law Attorneys

Caregivers: Take Care Of Yourself First

frank.jackson@gmail.com (Blog Author)27948 — Tue, 09 Mar 2010 08:00:00 EST

Jeanine was surprised when she heard her title of "caregiver" "I'm just a daughter taking care of my mom," she replies. But, when probed further, Jeanine admits to feeling weary. "I haven't been to the gym in two months and I've gained some weight. And my back is killing me."

In our contact with our clients, we often hear similar stories, and similar feelings. Caregiving is too often cast aside as just apart of daily routine, when actually, there is a large community of caregivers struggling with the same issues. It's important to give yourself the credit you deserve, and to also find encouragement by connecting with other caregivers for support.

For Western Pennsylvania residents, you can click here to begin your search for support.

Many caregivers do not live close enough to visit their family members frequently, so they end up juggling air travel, jobs, and their own families, while struggling constantly with feelings of guilt and inadequacy. Tell yourself you are doing the best you can, because in order to take care of someone else, you first have to take care of yourself.

2010 Blizzard and the Ghosts of Winters Past

frank.jackson@gmail.com (Blog Author)26586 — Thu, 11 Feb 2010 08:00:00 EST

The blizzard of 2010 has certainly rocked the Western Pa region. Some are still struggling to dig themselves out, and the elderly are especially faced with various problems dealing with the conditions. It's each neighborhood's responsibility to look after your fellow-man, especially those who need care the most. See if you can do some shovelling, go to the grocery store for them, or offer any other help. No one will ask for help, we should take the initiative to do whatever we can.

Here's a reminder from the Pittsburgh Post Gazette about the ghosts of winters past.

The storm of 2010 will claim its place in the record books, but for many North Hills residents, it has prompted memories of major snowstorms gone by, most notably those that arrived Thanksgiving weekend in 1950 and on March 13-14, 1993.

Snow began to fall on the day after Thanksgiving, 1950, and didn't quit until 27.4 inches later. In 1993, a later winter blizzard blew in 23.8 inches of snow.

George Klinzing of Richland remembered the storm of 1950 well: His brother, Jack, was getting married. "The snow had just started and he was able to get married. They even got to their honeymoon, which was up north," he said.

His family lived in Hampton and the day after the wedding, they were snowed in. "I remember skiing to the local store to get supplies," he said, "They just didn't have the equipment to clear the roads like we do now."

He also helped to dig out his neighbors, including a dairy farmer.

Free Asset Protection Seminar For Anyone Considering Long Term Care Planning

frank.jackson@gmail.com (Blog Author)23535 — Wed, 16 Dec 2009 08:00:00 EST

If you have a loved one who is considering, or already in a nursing home, it's important you attend our free seminar on the legal and financial matters concerning long term care. Procrastination in the number one mistake people make when it comes to long term planning. Don't let it happen to you!

Attendance to this informative seminar is free, but seating is limited. You can reserve your spot by calling 1-800-459-1843. Take the first step toward peace of mind in knowing your affairs are in order.

You'll want to attend our FREE seminar because you need to know the answers to matters such as:

How do I avoid having my life savings wiped out by a nursing home spend-down?

How do the new laws restrict protection of assets?

What needs to be in place in my Power of Attorney documents to protect my life savings?

How does Medicaid work... and what steps do I need to take now to protect myself and my family under the new rules?

How Veterans can qualify for hidden benefits that most people know nothing about.

Presented by:

Elder Law Attorney – Jim P. Shields, Esquire
Elder Law Office of Shields and Boris
109 VIP Dr. Suite 102
Wexford, Pa 15090
www.shieldsandboris.com

Read More Here: http://www.facebook.com/editevent.php?new&gid=134524326404&step=2&eid=203386189302#/event.php?eid=203386189302&ref=mf

Medicaid Compromise in Health Care Bill On the Chopping Block

frank.jackson@gmail.com (Blog Author)23441 — Tue, 15 Dec 2009 08:00:00 EST

Lieberman, an independent from Connecticut, told Majority Leader Harry Reid (D-Nev.) on Sunday that he will block any bill that includes the buy-in. As the 60th vote needed to overcome a Republican filibuster, he can do that.

Following a caucus-wide meeting Monday evening, the measure was all but scuttled.

"It's looking like that's the case. I can't guarantee it. At this point, at this stage, that seemed to be the case," acknowledged Finance Committee Chairman Max Baucus (D-Mont.). Asked why it had been dropped, he said, "I didn't confirm that now. It's just a matter of getting support from 60 senators."

Read the entire article here: http://www.huffingtonpost.com/2009/12/14/lieberman-medicare-senate-health-care_n_391997.html

Medicaid and Caregiving: Who Are the Ones Taking the Lead?

frank.jackson@gmail.com (Blog Author)23440 — Tue, 15 Dec 2009 08:00:00 EST

We’re still, in most cases, female.

We’re still likely to be employed, usually full time.

We spend an average of 19 hours a week at this second job, caring for our older relatives.

Every few years, the National Alliance for Caregiving and AARP team up to survey the nation’s family caregivers and produce a massive, highly detailed study funded by Metlife. The first of these reports appeared in 1997, the next in 2004. The latest, released this week, provides an interesting picture of what’s changed in five years and what hasn’t.

The overall report, “Caregiving in the U.S. 2009” [pdf], includes people taking care of family members of any age, including children with special needs. But the researchers, helpfully, have also published a companion study of people caring for adults over 50.

It shows that elder care remains primarily women’s work and that most caregivers continue to juggle unpaid caregiving and paid work.

What’s changed? The people we take care of are older. In 2004, the proportion of elders over age 75 was 55 percent; now it’s 63 percent. We’re older, too: caregivers’ average age rose from 48 to 50. Unsurprisingly, then, a higher proportion are caring for seniors with Alzheimer’s disease and other forms of dementia.

But we have less paid help. The proportion whose older relatives had aides, housekeepers or other paid workers dropped to 41 percent from 46 percent; the use of paid help also declined among all caregivers. The data don’t specify why families use less paid caregiving, but AARP’s Elinor Ginzler pointed to the most plausible explanation.

“Likely, this is related to the economy,” Ms. Ginzler said this week. “They can’t afford it.”

Read the entire article here: http://newoldage.blogs.nytimes.com/2009/12/09/who-we-are-now/?scp=3&sq=caregiving&st=cse

Avoid Pitfalls of Medicaid

frank.jackson@gmail.com (Blog Author)23233 — Fri, 11 Dec 2009 08:00:00 EST

There are some important things to consider before applying for Medicaid for long term care. There is a look back period in which Medicaid will not only verify current assets, but all assets over the last 5 years. Simply put, it is not considered acceptable for considerable assets to disappear without coming under intense scrutiny. An experienced elder-law attorney can be utilized to assist families and individuals in setting up trusts and legitimately spending down their assets in order to meet eligibility requirements. Medicaid also has an estate recovery clause that mandates for individuals age 55 or older, states are required to seek recovery of payments from the individual’s estate for nursing facility services, and those enrolled in a Home and Community Based Services Waiver Program. A Medicaid recipient’s assets from his/her home will not be recovered while a spouse is living there. In addition setting up a survivorship deed for a spouse can exclude a home from being recovered even after the surviving spouse has passed.

Since Medicaid is administered at the state level, eligibility criteria will vary depending on the state in which one lives. As a general rule, Medicaid recipients applying for long term care must meet the following criteria:

Limited income. Income eligibility criteria will vary from state to state (long term care Medicaid for your State may have a higher income allowance than straight Medicaid).
Limited assets. Most States limit assets to around $2,000, however an individual may own their home and a vehicle.
Functional eligibility. In order to be eligible for long term care benefits, applicants must meet a certain criteria. Generally speaking, they must demonstrate that their is a true need for day to day assistance, that renders them unable to remain independent on their own.

You can speak with an experienced Elder Law and Estate Planning Attorney by contacting Shields and Boris Law Firm at (800) 879-0984 for a FREE consultation.

How To Describe Pain in a Social Security Disability Case

frank.jackson@gmail.com (Blog Author)23092 — Tue, 08 Dec 2009 08:00:00 EST

Even though you live with your pain every day, the Social Security technician or the disability examiner doesn’t know what you are going through, and they won’t know, unless you can tell them. You may feel like yelling,

You don’t know what I go through every day!

And you would be right. No one really knows what it is like to be in another person’s skin. But, when you are applying for Social Security benefits, you have to do your best to communicate the quality of your pain.

Here are some areas to describe:

Excerpt from Social Security Insider: (click for entire article)

- Congress is currently discussing expansion of Medicare and Medicaid, such as lowering the age to apply for Medicare to 55 instead of 65.

- "The most elaborate juggling acts today are performed by women holding down jobs while caring for aging parents, running their own households and still caring for their own children and grandchildren, according to a comprehensive report on caregiving released today."

- Ever wonder what a Senior Adult Hip Hop Choir would sound like:

* There actually is a long history of rappin' Seniors:

* And perhaps my personal favorite:

ELDER CARE, HEALTH CARE, AND CARING IN GENERAL

frank.jackson@gmail.com (Blog Author)22835 — Thu, 03 Dec 2009 08:00:00 EST

- "Of all the Alzheimer's-related research Pitt is involved in, Dr. Lopez says, "This is the most important. This is No. 1." - New experimental drug offers hope for ones with Alzheimer's.

- Useful tips for travelling this holiday season with anyone with a disability

- Resilence is one of the most important qualities in dealing caregiving. So, how well do you do bouncing back? This quick and easy quiz can help you find out.

- A simple nuts and bolts break down of the Health Care Bills floating around the Senate and House, and how close they are to voting on it

- This is a great segment from Good Morning America about balancing work with caregiving:

ELDER CARE, HEALTH CARE, AND CARING IN GENERAL

frank.jackson@gmail.com (Blog Author)22727 — Tue, 01 Dec 2009 08:00:00 EST

State residents who are in the priority groups to receive the H1N1 flu vaccine can make appointments to get the vaccine at state health centers.

A limited supply of vaccine will be offered today through Thursday.

Appointments can be made, 24 hours a day, at www.H1N1inPA.com under "What's Hot." People without Internet access can call 1-877-724-3258 between 7 a.m. and 7 p.m.

Most of the vaccine available at the state health centers will be live flu vaccine in a nasal mist. The mist can be used in healthy persons between 2 and 49 years old. High-priority groups that may qualify are healthy people from 2 to 24 years old; household contacts and caregivers for children younger than 6 months and most health-care providers and emergency medical services personnel.

It is not recommended for people in the high-priority groups of pregnant women, children under 2, those with certain underlying health conditions and health-care providers who care for people with impaired immune systems. Those groups should receive the injectable vaccine.

Allegheny County Health Department will continue to offer vaccine to high-priority people, without appointments, at the Oakland vaccination clinic, 3441 Forbes Ave. It is open 9 a.m. to 3 p.m. today, Thursday and Friday, and 9 a.m. to 7 p.m. tomorrow. Free parking is available after 4 p.m. Wednesday in a lot behind 3333 Forbes Ave.

Among the state health centers offering vaccine this week:

Beaver: 300 S. Walnut Lane; 724-774-1385

Butler: Monarch Building, 100 Brugh Ave., Suite 201; 724-287-1769

Greensburg: 233 W. Otterman St.; 724-832-5315

Indiana: 75 N. Second St.; 724-357-2995

Jackson Center: 25 McQuiston Drive; 724-662-4000

Johnstown: Cambria County State Health Center, 184 Donald Lane, Suite 1; 814-248-3120

Kittanning: 239-245 Butler Road; 724-543-2700

Monessen: Mon-Valley Health Center, Room 140, Eastgate 8; 724-684-2945

Somerset: 651 S. Center St.; 814-445-7981

Tionesta: South Elm Street; 814-755-3564

Uniontown: 100 New Salem Road; 724-439-7400

Washington: 167 N. Main St., Suite 100; 724-223-4540

Waynesburg: 432 E. Oakville Drive; 724-627-3168

ELDER CARE, HEALTH CARE, AND CARING IN GENERAL

frank.jackson@gmail.com (Blog Author)22259 — Mon, 23 Nov 2009 08:00:00 EST

- A new study found that elder parents are more likely to describe themselves as "happy" when they are receiving informal in-home care from a child or spouse than when they receive formal in-home care from a nurse, home health aide or other home care professional.

- Attention Caregivers: Tis the season to be thankful - Ten Reasons to Be Thankful For Your Role as a Caregiver!

- Woody Allen once said "Life doesn't imitate art - it imitates bad television. Popular TV Show *Bones* Takes on What Happens When An Aging Family Member is Evicted from a Care Home. Caring.com analyzes how realistic the plot was.

- Of course, the opposite of bad television:

- The show also had THE BEST THEME SONG OF ANY TV SHOW IN HISTORY!

- In not-so-golden news, apparently a Carnegie construction company fraudulently received $39.4 million in federal funds meant for firms owned and operated by disabled veterans, according to a government audit.

- Derek, who cares for his folks, writes beautifully about difficult visits, difficult discussions, difficult decisions

ELDER CARE, HEALTH CARE, AND CARING IN GENERAL

frank.jackson@gmail.com (Blog Author)21846 — Mon, 16 Nov 2009 08:00:00 EST

- Ever feel overwhelmed balancing life and your responsibilities as a caregiver??? Derek does too, and wonders, "can he have his cake and eat it too?"

- mmmm cake

- Any of these sound familiar?

You’re suddenly in charge and don’t know where to turn for answers
You feel no one really “gets” what you’re going through
You’re SO tired of dealing with all the various parts of “the system”
You wonder when it’s your turn to have a life
You feel as though you have to push yourself through every day
You feel apprehensive seeing your aging parents becoming less self-reliant

*Then Click here to sign up for a free Telesummit "Comfort For Caregivers"

- If you were like me and grew up on the subtle humor of America's Funniest Home Videos then you should appreciate this montage

- Drug Companies are Raising Prices Ahead of Health Care Reforms

- A family caregiver looks back: John Mills considers his three toughest caregiving challenges

Elder Law, Elder Care, and a Little Bit of Everything

frank.jackson@gmail.com (Blog Author)21608 — Wed, 11 Nov 2009 08:00:00 EST

- Michael Jackson's funeral cost HOW MUCH??!!??!!

- Plan To Improve End of Life Care: - "There are no second chances with end of life care - we have a responsibility to get it right first time. This new strategy will help make this happen, and ensure that patients receive the best possible care, for them, at this enormously difficult time."

- Just like the flu, we can spread happiness and healthy habits. Great article from the NY Times

- "Cyber-grandparents" provide free, online advice. This video features the Grandmother from Happy Gilmore:

She may be better known for scenes such as this one - note - keep loved ones from nursing homes that employ Ben Stiller:

- Oh Dear

- In observance of Veterans Day President Obama honored veterans today at Virgina's Arlington Cemetary

- Click here for a slideshow of photos

- Video of the appearance

TIPS ON HEALTH CARE, ELDER CARE

frank.jackson@gmail.com (Blog Author)21450 — Mon, 09 Nov 2009 08:00:00 EST

- House passes bill on health care reform. See how your representative voted

- Let us know what you think by leaving a comment - Will a government run option help decrease cost of health care?

- Great at-home care tips and video from ABC News

- Scam alert: Beware of fake health insurance plans that are nothing more than gloried discount cards

- What can make you "healthier, happier, and more productive???"

Hint:

- Honestly, may have just been looking for an excuse to use this pic. Can you blame me?

Great Video For Veterans On Va's Aid and Attendance Benefit

frank.jackson@gmail.com (Blog Author)21089 — Tue, 03 Nov 2009 08:00:00 EST

This video is from a couple years ago but is still relevent to the importance of Vets getting the right information in order to receive the benefits they so deserve

Contest For Caregivers

frank.jackson@gmail.com (Blog Author)21083 — Tue, 03 Nov 2009 08:00:00 EST

KDKA's Jennifer Antkowiak's Cargiving Tips: Finding Peace

frank.jackson@gmail.com (Blog Author)20834 — Fri, 30 Oct 2009 08:00:00 EST

Finding Peace

October 9, 2009 by Jennifer Cares
Filed under Care Smart

IMPORTANT REPORT EVERY SPECIAL NEEDS FAMILY MUST KNOW ABOUT ESTATE PLANNING

frank.jackson@gmail.com (Blog Author)20710 — Wed, 28 Oct 2009 08:00:00 EST

Beginning today, we are running a 12 part feature on facts every special needs family MUST know regarding their long term planning.

You are Your Child’s Biggest and Most Important Advocate

               1. You know your child better than anyone else because you have always been there observing and interacting with them.   You know best how they have grown and dealt with challenges; their complete medical history; how they react to the activities and routine of the day, what brings on a smile, a giggle or a tear; things they like or dislike and consequently what causes them frustration or brings on temper tantrums, and their particular special needs and special interests.

               2. You have the most invested in their future. You want as normal a life as possible for your children. You want them to become as self-sufficient as possible, but at the same time understand that your involvement at some levels may be life-long. You need to be well-informed about the best ways for helping them maximize their potential.

               3. You are the one constant in your child’s life. Settings will change as your child progresses through school and life, personnel will be different, but you, as parents, will be there guiding them through it all.

Click here for the first of 12 installments.

Unmarried couples and estate planning issues

jimpshields@gmail.com; frank.jackson14@gmail.com (Blog Author)19282 — Wed, 30 Sep 2009 08:00:00 EST

With more and more U.S. couple delaying or foregoing marriage while continuing to build lives together, estate planning for unwed couples is becoming a hot issue.

Preparing an estate plan for an unwed couple can be more challenging than a plan for a married couple, because additional documents are typically needed to cover all necessary scenarios that would ordinarily be covered when a couple is legally married.

These days many couples chose to remain unmarried for a variety of religious, social or familial reasons. It can be easier for some – especially those on their second or subsequent marriage – to avoid a formal walk down the proverbial aisle.

Some people are choosing to remain unwed for financial reasons. For example, a woman collecting Social Security benefits based on her deceased husband’s earnings may not want to get remarried and risk her income. Or, if a couple is relying in Medicaid, they may chose to remain unmarried so that the assets of one spouse don’t affect the Medicaid eligibility of another spouse.

Unfortunately for unmarried couples, federal and state laws definitely favor married couples. For this reason, it is especially important that unwed couples carefully prepare for the future and work with an experienced estate planning attorney.

When a will isn't enough

jimpshields@gmail.com; frank.jackson14@gmail.com (Blog Author)19123 — Tue, 29 Sep 2009 08:00:00 EST

If you’ve prepared a will, it may be tempting to pat yourself on the back and consider your estate planning duties done. Unfortunately, it isn’t that easy. There are a number of different types of property that don’t pass via a will, so you’ll need to address those items separately.

What can’t be covered in your will

Not all assets or type of property can be passed on through your will. You’ll need to do more than just prepare a will if you have property or assets that fall into any of the following categories:

Life insurance with a named beneficiary
Retirement plans like 401k or IRA plans paid to a named beneficiary
Bank accounts paid upon death to a named beneficiary
Stock accounts transferred-on-death to a named beneficiary
Income savings plans
Property held in joint tenancy
Property held in a trust

This is one reason that it is so important that you speak with an experienced, qualified estate planning attorney when preparing your will / estate plan. You don’t want to leave a tangled mess of assets for your estate administrator or your heirs to sort through after you pass. A complete estate plan will take all of these factors into consideration.

Free Assistance Program for Seniors and Veterans

frank.jackson@gmail.com (Blog Author)18522 — Thu, 17 Sep 2009 08:00:00 EST

Western Pennsylvania has one of the highest percentages of veterans in population in the entire United States. However, many of our veterans who bravely sacrificed for our country are unaware of the many benefits they could be eligible for. We're happy to be partnered with a wonderful free program, VeteransCare USA, and ElderCare USA, a program designed to put families in touch with financial and legal professionals in their communities who can assist them with issues related to claiming what seniors, veterans and their spouses have rightly earned. When a family contacts them for assistance, their expert consultants determine the nature of their inquiry and then directs them accordingly with free consultations with professionals. Don't let yourself become overwhelmed by complications, or misinformation, by seeking assistance.

What's So Bad About Probate?

frank.jackson@gmail.com (Blog Author)18218 — Fri, 11 Sep 2009 08:00:00 EST

Probate is a court proceeding.

Nobody (except attorneys who do so for a fee) likes going to court.

It takes time.

When we have to probate an estate, we usually tell clients to expect the process to take about a year.

You have no privacy.

All the details of your will, your beneficiaries, your assets and expenses are public record for anyone, even a nebby neighbor, to do what they want.

It is expensive.

In Pennsylvania, attorneys can charge a "reasonable fee" to go through probate. On a typical estate this "reasonable fee" is usually 3 to 7% of your gross (not net) estate.

AAPR did a study about probate and called it a "cash cow" for attorneys. The old attorney joke is how do you make a lot of money as an estate planning attorney? You write a lot of wills and outlive your clients. Why make an attorney a beneficiary" of your estate? Learn how you can avoid probate, and preserve your assets for your loved ones.

Long Term Care or Estate Planning? - Find an Elder Law Attorney

frank.jackson@gmail.com (Blog Author)18164 — Thu, 10 Sep 2009 08:00:00 EST

One of the myths that I find often believed is that any lawyer can write a trust, a will, power of attorney, or living will. If this were true, I guess any family doctor could also perform brain surgery. I have seen so many attorneys who try to be everything to everyone, and make some egregious mistake because they do not practice in a particular area DAY IN and DAY OUT. They DON'T understand changes in law or potential minefields for the client. Such an attorney will defend a criminal on Monday, handle a divorce on Tuesday, a bankruptcy on Wednesday and ask you why you are there Thursday - "Oh, yeah, your estate plan." The idea that a lawyer is a lawyer is a lawyer is not in your best interests. Find yourself the right lawyer that specializes according to your need.

Have you considered a durable power of attorney?

jimpshields@gmail.com; frank.jackson14@gmail.com (Blog Author)16003 — Tue, 28 Jul 2009 08:00:00 EST

Some people believe that if they have a will in place, they are all set as far as estate planning goes. Unfortunately, if they become ill or otherwise incapacitated at the end of their life there could be problems if they don’t have a power of attorney.

If something happens in your life and you aren’t able to manage your personal affairs (for example, you are in a serious car accident or suffer from a sudden debilitating illness) somebody will need to make some very important decisions for you.

To protect yourself in case something unexpected happens, you should talk to your estate planning attorney about a durable power of attorney.

In fact, there are two kinds of durable powers of attorney (DPOA) that you should consider:

Financial power of attorney: Also known as a durable power of attorney for finances, this document will allow somebody else to make financial decisions for you if you become incapacitated. Without this kind of document, your spouse or other family member(s) may have to seek court approval to make decisions for you, adding unnecessary delays and expenses.
Health care power of attorney: This document will give another person the authority to make health care decisions on your behalf. This could become necessary if you unconscious, mentally incompetent, or otherwise unable to make decision for yourself.

Having these documents in place before something happens will not only help your family avoid intrusive and costly legal intervention into your affairs, but will also avoid family fights about what should happen with your finances or healthcare decisions when you aren’t able to speak for yourself.

Managing your online accounts and passwords

jimpshields@gmail.com; frank.jackson14@gmail.com (Blog Author)15680 — Wed, 22 Jul 2009 08:00:00 EST

Can you answer this question: how many online accounts do you have? If you’re like many people, you may have no idea. Think about the types of activities that you engage in online. You can monitor your investment accounts, send and receive email, upload photos, check on your savings plan, update your life insurance, and much more.

Having all of these online accounts is great when you are alive, but without a little planning this web of internet logins can create a real headache for your survivors. Think about it: if you died tomorrow, would anyone be able to track down all of your various online accounts – and the passwords that go along with them?

If your family knows about the accounts, there are hoops they can jump through to get access – but it could cost them time and money. What about accounts that nobody may know about, like a ‘secret’ savings account you were contributing to as a surprise, or other private online accounts? What will happen to them if you don’t note their existence somewhere?

To save your survivors and your estate executor from unnecessary frustration and expense, take some time to record all of this information somewhere, and either give it to a trusted friend or your attorney. You can also lock it up in a safety deposit box or your home safe – just make sure somebody knows how to get a key to either of those.

You can read more about this issue in our law library article “Estate administration and online accounts: logins, passwords, and big headaches”.

Will proposed changes to medical estate recovery laws swallow what is left of your estate?

jimpshields@gmail.com; frank.jackson14@gmail.com (Blog Author)14427 — Sun, 28 Jun 2009 08:00:00 EST

The Pennsylvania Department of Public Welfare (DPW) has a repayment requirement for anybody who receives Medicaid after the age of 55 called Medical Assistance Estate Recovery (MAER).

Under MAER, the DPW can seek repayment for the amount of medical assistance (Medicaid) paid out for long term care related services provided on behalf of certain recipients. Since repayment does not happen until after a person has died, some people refer to MAER as the Medicaid death tax.

Current law states that the state can make a claim against a deceased person’s probate estate. Only items in probate could be used for repayment. However, a bill has been introduced that would expand Medicaid Estate Recovery to non-probate assets.

Non-probate assets that could be targeted under the new bill – if it passes – include real and personal property held in joint names, life estates, and other traditionally exempt forms of ownership. In addition, the bill would give Pennsylvania expanded lien powers and control over disputes.

This could spell bad news for many elderly citizens, especially surviving spouses. Imagine if your spouse was to die, and because of this new law you lost your home and much of the remaining estate to the government. It is a frightening scenario to consider.

If you are concerned about losing your non-probate estate to the government, talk to your state senators and representatives about this bill (HB 1351, section 1214). If you have questions about asset protection and planning for future health-care costs, talk to a knowledgeable elder law and estate planning attorney like those at Shields and Boris.

NEW VIDEOS!!!

jimpshields@gmail.com; frank.jackson14@gmail.com (Blog Author)13990 — Fri, 19 Jun 2009 08:00:00 EST

The Elder Law Offices of Shields & Boris is proud to announce the release of short videos on our website that we recorded discussing various estate planning topics. These videos are intended for educational purposes only and are NOT intended to provide specific legal advice. These videos will provide general information surrounding topics such as Wills, Revocable Living Trusts, Power of Attorney for Financial Matters, Power of Attorney for Healthcare Decisions and Living Wills, Federal Estate Taxes, Probate Avoidance, Veterans Benefits, Medicare vs. Medicaid, etc. We hope everyone enjoys!!!

New Estate Planning Radio Show on WJAS!!!

jimpshields@gmail.com; frank.jackson14@gmail.com (Blog Author)13988 — Fri, 19 Jun 2009 08:00:00 EST

The Elder Law Offices of Shields & Boris is excited to announce that they just recorded their first radio show on WJAS 1320 AM. The show will be airing on Saturday, June 20, 2009 at 6:00 AM. This show will be dedicated to discussing the issues surrounding Medicaid Planning and how important it is to plan ahead in attempting to shelter your proterty and assets from the nursing home. We welcome everyone to tune in and hope that we enlighten everyone in the listening audience. We will be recording one show per month discussing various estate planning topics.

The importance of getting the right legal advice when administering an estate

jimpshields@gmail.com; frank.jackson14@gmail.com (Blog Author)12768 — Tue, 26 May 2009 08:00:00 EST

A cautionary tale about the perils of accepting probate advice from someone other than a qualified attorney appeared in a Florida newspaper earlier this month. In the fictitious story, a man is named as successor trustee of his mother’s revocable trust and personal representative of the pour-over will.

After their mother’s death, the man and his sister want to avoid legal fees so they ask a friend of the sister’s son – a young man fresh out of law school who has not yet passed the bar exam – for help. To cut a long story short, the recently graduated unlicensed law school student does not give the correct legal advice for properly handling the mother’s estate.

As a result, a few years down the road the man is sued by his sister over his mishandling of the estate. The law school student – now an attorney – is named as a co-defendant.

The entire mess could have been avoided if the man had hired a competent, qualified probate attorney. As the fictional man learned, acting as a successor trustee, personal representative, or executor of a will is not as simple as selling all the assets, keeping a little for yourself, and divvying up the rest with your siblings.

You can read more about estate administration and probate in our law library and in our Frequently Asked Questions section.

Is it time for a beneficiary audit?

jimpshields@gmail.com; frank.jackson14@gmail.com (Blog Author)11932 — Wed, 13 May 2009 08:00:00 EST

It is an unpleasant scenario and unfortunately one you won’t be able to do anything about: after your death, your assets are given to a former spouse or somebody you no longer wanted them to go to because you forgot to update your beneficiary list before you passed away. It is a situation that some families find themselves in after the death of a loved one, but it is a sad scenario that you can avoid now.

It is always a good idea to check in on your estate plan documents periodically and make sure that the information they contain is still relevant. One area to focus on is your beneficiaries – the people who will inherit your assets after you pass away.

It isn’t uncommon for life changes to necessitate a change to your beneficiary list, and unless you want your estate to end up in probate or contested by your survivors it’s a good idea to keep the list current.

Don’t think of estate planning as a once-in-a-lifetime event. It isn’t an event – it is a process, something you take care of and manage throughout your life. To learn more about estate planning and elder law in Pennsylvania, please contact the law offices of Shields and Boris.

Planning for your autistic child's future can bring peace of mind

jimpshields@gmail.com; frank.jackson14@gmail.com (Blog Author)11447 — Wed, 29 Apr 2009 08:00:00 EST

Planning for the future takes on special meaning when parents are caring for an autistic child. And these days, more and more parents are doing just that. According to the CDC 1 in 150 children are being diagnosed with autism in the United States, and 1 in 94 are boys.

This April was Autism Awareness Month, a great time to focus on the importance of using estate planning tools to prepare for an autistic child’s future. While some autistic children will grow up and be able to care for themselves as a part of mainstream society, many will not.

According to a poll conducted last year, nearly three-quarters of parents with autistic children worry that their children will not have enough financial support once the parents pass away. Compounding these worries is the fact that caring for an autistic child can drain a family’s financial resources, making it difficult to save for the future.

An experienced estate planning attorney can work with you to ensure that the assets you do have are protected and that your child’s future is secure. Not only will your child be provided for, but your assets can be managed in such a way that your child does not become ineligible for government aid.

Five estate planning mistakes made by parents with special needs children

jimpshields@gmail.com; frank.jackson14@gmail.com (Blog Author)11318 — Sun, 26 Apr 2009 08:00:00 EST

Parents of special needs children are often so busy that they may neglect to attend to important estate planning matters. Unfortunately, many special needs children are left without a plan for care in place when their parents pass away – or they are left with a plan that leaves them unable to apply for the government aid they desperately need.

If you are the parent of a special needs child, ask yourself if you are making one of these common mistakes:

No special needs trust or any other kind of plan in place to provide care for your child after you die
You don’t have a life insurance policy, or you don’t have one that will provide adequately for your child
You have a life insurance policy but don’t know that you can take advantage of accumulated cash value in a permanent policy to pay for your child’s care
You’ve named your child as your beneficiary, potentially disqualifying your child for government aid
You’ve left your entire estate to your child, again potentially disqualifying your child for aid

You can read more about special needs trusts in our law library article “Secure your child’s future with a special needs trust” and our blog post “Could you benefit from a Special Needs Trust?” If you would like to discuss your own situation with an estate planning attorney, please contact the Pennsylvania law offices of Shields and Boris.

Safety issues for elders

jimpshields@gmail.com; frank.jackson14@gmail.com (Blog Author)11006 — Thu, 16 Apr 2009 08:00:00 EST

Attorney Jim Shields concentrates on legal issues affecting the elderly. According to the Consumer Public Safety Commission, falls are one of the leading causes of injuries and deaths among the elderly, adults aged 65 and older. The CPSC has put together a Neighborhood Safety Network on their website that includes lots of resources and a checklist to follow to help older adults avoid falling in their homes. These suggestions include always using handrails on stairs, keeping the house well lit night and day, removing things that could cause falls such as cords, loose rugs, and using grab bars in the bathroom. For more information, go to http://www.cpsc.gov/nsn/elderly.

One of the things that could contribute to falls is poor lighting. According to studies conducted by the American Association of Retired People (AARP), elderly people need more lighting as they get older to see properly. The AARP recommends letting as much natural light into the home as possible because it's free. They also suggest adding more incandescent lighting fixtures around the home and increasing the wattage of the light bulbs. Be sure that all walkways, stairs, and entrances have plenty of light. Motion sensor lights are helpful because they go on when someone gets close to the house, when it gets dark, or when someone makes a sound. This is good for preventing falls as well as discouraging thieves.

The importance of estate planning in a down economy

jimpshields@gmail.com; frank.jackson14@gmail.com (Blog Author)10429 — Mon, 30 Mar 2009 08:00:00 EST

There is no way to hide from it – as we all know the U.S. economy is in a recession. Your estate has probably already taken a hit, what with real estate values down and stock prices depressed. But regardless of what is going on in your portfolio, it is as important as ever to make sure you have all your ducks in a row in case you should pass unexpectedly.

One unfortunate side-effect of a bad economy is that your estate may be more prone to disputes after your passing. When money is tight, heirs can become unusually adversarial, and all your careful planning could be for naught if you don’t make sure your will and trust documents are precisely worded.

It is important that you sit down with your estate planning attorney and determine if the intent of your will matches the wording in your will. You want to be sure there is no “wiggle room” that could result in protracted legal battles amongst your heirs. It isn’t uncommon for attorneys to see the number of fights over inheritance go up in a recession, and you should do what you can now to make sure your will and trust documents don’t cause problems down the road.

You can read more about estate planning in our library articles “Could you be doing more to manage your estate and protect your assets?” and “Three Reasons to Focus on Estate Planning”.

The Growing Rate of Dementia and Alzheimer's

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)13313 — Tue, 09 Mar 2010 08:00:00 EST

The United States is currently experiencing the early stages of what is expected to be an epidemic of Alzheimer's Dementia. It is predicted that the current number of cases of Alzheimer's Dementia will double by 2020, and double again by 2040. Some unfortunate individuals are born with genes that strongly predispose them to developing Alzheimer's Dementia. However, this is true for only a minority of people.

Click Here for the Entire Article

Let it snow! Pittsburgh Extends Property Tax Deadline

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)12731 — Tue, 09 Feb 2010 08:00:00 EST

Due to road conditions and the expectation of more snow today, the deadline for paying city of Pittsburgh property taxes with a 2 percent discount will be extended, likely until month's end.

The deadline had been set for Wednesday. City officials confirmed the extension in an e-mail to council members today.

Allegheny County's deadline for paying property taxes with a 2 percent discount is March 31

Estate Tax, Medicaid, Social Security Changes Ring In New Year

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)12201 — Wed, 13 Jan 2010 08:00:00 EST

The new year brings with it several major tax changes that will have an impact on your tax returns. There’s both good news and bad news in 2010’s new rules and in what lies ahead:

-- The Medicare Part B premium will remain at $96.40 a month for about 75% of Social Security beneficiaries, thanks to a law that prevents Part B hikes when there is no cost-of-living adjustment. But the premium goes up to $110.50 a month for folks who sign up for Part B in 2010 and for those whose premiums are paid by Medicaid. Upper income seniors will pay even higher amounts. Singles with AGIs exceeding $85,000 and couples with AGIs over $170,000 will owe a fee based on their 2008 AGI, plus any tax-exempt interest, EE bond interest used for education and excluded foreign earned income. The maximum monthly premium of $353.60 is nearly four times the basic monthly charge.

-- The estate tax and the generation-skipping tax both disappeared on Jan. 1, and the top rate on the gift tax dropped to 35%. The downside: Also taking effect is a rule that replaces the date-of-death value rule as the basis for inherited assets with a system that starts with the decedent’s basis. Under that carryover basis regime, when the inherited assets are sold by heirs, they could exclude up to $1.3 million of gain -- $4.3 million for surviving spouses. The estate tax won’t stay dead for long, however: Congress is expected to reinstate it and the generation-skipping tax retroactively, and get rid of the carryover basis regime. But a return to last year’s $3.5-million estate tax exemption and 45% rate isn’t assured. A group of Senate Republicans and moderate Democrats will fight hard for a $5-million exemption and 35% top rate, and they may get their way.

For businesses:

-- The Social Security wage base remains at $106,800 in 2010, the first time it hasn’t budged since 1971. The reason: The law doesn’t allow the wage base to rise if there’s no cost-of-living increase in Social Security benefits. The tax rates won’t change, either: 6.2% for FICA tax and 1.45% for Medicare. Self-employed folks pay 15.3% on the first $106,800 of their net earnings and 2.9% on any amounts above that. But the relief is likely to be short-lived: There will be a whopping increase in the wage base when the next benefit hike takes effect.

Click Here For Entire Article

Health Care Debate: Long Term Insurance Overhaul

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)12076 — Tue, 05 Jan 2010 08:00:00 EST

Congressional Democrats and President Barack Obama began work in earnest Tuesday on difficult issues still standing in the way of their national health care overhaul after months of tortuous debate. Topping the list: How to help Americans pay for insurance premiums.

Click here for entire article

Caregivers: For First Time State Looks To License Home Care Agencies

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)11720 — Wed, 16 Dec 2009 08:00:00 EST

Hundreds of home care agencies that assist elderly or disabled individuals with basic tasks such as dressing, bathing and housekeeping are about to fall under state scrutiny for the first time.

Though some new costs are involved for the industry, Pennsylvania Homecare Association Executive Director Vicki Hoak said they bring basic consumer protections that are justified.

And she noted a benefit will be realized from having the licensed agencies all listed eventually on the state health department's Web site, to help consumers find them.

"I think the timing is good," Ms. Hoak said. "As Pennsylvania's elderly population grows, this whole consumer movement to remain at home as long as possible, to age in place, has made the demand for these services really strong."

Stacy Mitchell, the health department's deputy secretary for quality assurance, said state officials have been in contact with more than 400 agencies they know of that fall under the new regulations, but twice that number may exist in the state. The department is trying to spread the word and have all agencies apply for a license by a Feb. 10 deadline.

The state is not out to punish those that do not comply, Ms. Mitchell said, but if agencies ignore requests to apply for licensing, they could face cease-and-desist orders.

"Our goal is to get them licensed or put them out of business," said Ms. Mitchell, noting the department is counting on licensed facilities following the rules to report any competitors they know of who ignore the new requirements after Feb. 10.

Lawmakers ready to permanently fix the estate tax at 2009 levels

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)11108 — Thu, 29 Oct 2009 08:00:00 EST

Congress may approve legislation that would permanently fix the estate tax at current 2009 levels. House Majority Leader Steny Hoyer (D., Md.) has come out in support of the move, and staff on the Ways & Means Committee plan to ensure that estate tax levels do not change from what they are today.

Right now the estates worth under $3.5 million are exempt from the estate tax (up to $7 million for a married couple). Estate wealth over $3.5 million would be taxed at 45 percent.

Without this change – which should be in place by the end of the year – there would be no estate tax at all in 2010. The estate tax would then reappear in 2011 with only a $1 million exemption with a tax of 55 percent for estates valued over that amount.

Some lawmakers would like to see a higher exemption amount and a lower tax for large estates. One suggestion has been to exempt all estates worth under $5 million from the tax, and only tax those over that amount at 35 percent.

As it is the change carries a $233 billion price tag for taxpayers, since the current federal budget relied on the anticipated sharp tax increase in 2011. Raising the exemption ceiling and lowering the tax amount for wealthy estates would further increase the cost, making such a change unlikely.

Survey uncovers surprising long-term care myths and facts

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)11109 — Thu, 29 Oct 2009 08:00:00 EST

MetLife recently released the results of a survey that was conducted to see how well informed Americans are about long-term care. The survey results were telling, revealing that many Americans are uninformed about the realities and costs of long-term care.

One key point that many Americans fail to grasp is the fundamental truths about long-term care. The majority of individuals surveyed did not fully understand how expensive long-term care can be, how it can be paid for and what benefits are available to help pay for it.

MetLife summarized some of the common misconceptions about long-term care in the U.S.:

Long-term care is usually provided in a nursing home (false: most long-term care is provided at home).
Medicare, health insurance and disability insurance all pay for long-term care costs (false: the only form of private insurance that pays for long term care is long-term care insurance).
You can qualify immediately for Medicaid to help pay for your long-term care by transferring your assets to your family (false: Medicaid looks back over the previous five years to determine if you are eligible).
The primary factors in long-term care insurance are family history, income and age (false: age is the primary factor in how long-term care insurance premiums are determined).

Healthcare reform may offer another option for long-term care planning

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)10980 — Sun, 25 Oct 2009 08:00:00 EST

Many Pennsylvania residents face the same issue when they near the end of their life – they no longer have money to pay for their own nursing home or long-term care, and have to rely on the government for assistance.

In an effort to provide additional options for Americans struggling to plan for their future, Congress has included a provision in the massive healthcare reform bill for a government-run long-term care insurance program.

Proponents of the program see it as a good thing, as they hope it would eventually reduce the strain on Medicaid. While Medicaid is intended to help low-income elders pay for their nursing home care, many people find themselves turning to it for help after their personal savings are drained.

With the cost of nursing home care averaging about $75,000 to $90,000 a year, many people who are initially able to pay their own way run out of money and end up needing help from Medicaid. A long-term care insurance program would help those individuals and slow down federal and state spending on Medicaid.

Of course, the bill hasn’t been passed yet, and critics worry that yet another government program would eventually require a taxpayer bailout. It remains to be seen if the healthcare bill will pass – with this proposed long-term care insurance program included.

Main beneficiary to Michael Jackson's estate shakes up her probate team

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)10939 — Thu, 22 Oct 2009 08:00:00 EST

In a move to change up her legal team, Katherine Jackson, mother of pop star Michael Jackson, found herself without representation during a hearing last week. Ms. Jackson sought to replace her team of probate lawyers with a different attorney, who declined to appear with her in court until her former attorneys formally relinquished their roles.

Ms. Jackson was one of the main beneficiaries of her son Michael’s estate, and has also been named the permanent guardian of Mr. Jackson’s three children. The decision was made to find a new probate attorney in order to have a “different perspective and a fresh look” at how Mr. Jackson’s estate was being handled.

The newly named probate attorney for Ms. Jackson is Adam Streisand, a lawyer who is no stranger to celebrity estate cases. Mr. Streisand has previously represented the estates of Anna Nicole Smith, Ray Charles and Marlon Brando.

One issue facing Ms. Jackson is the role being played by the administrators of her son’s estate, attorney John Branca and music executive John McClain. Ms. Jackson previously challenged the administrators without invoking a “no contest” clause that Michael Jackson had included in his will.

Ms. Jackson’s former probate attorneys had questioned the authority of the estate’s administrators, but failed to file those objections. There were concerns that the former attorneys had contributed to unnecessary legal delays.

$6.4 million fine for companies guilty of scamming seniors with pricey legal plans

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)10940 — Thu, 22 Oct 2009 08:00:00 EST

A case in Ohio is serving as yet another warning for seniors about the dangers posed by pricey and unnecessary legal plans. The state Supreme Court ordered two companies to pay an unprecedented $6.4 million fine for swindling thousands of senior citizens.

The companies, American Family Prepaid Legal Corporation and Heritage Marketing and Insurance Services Inc. are both based in California and are co-owned by Jeffrey and Stanley Norman. In addition to the record setting fine, going forward neither company may do business in Ohio.

According to court documents, the companies convinced elderly customers to pay unfairly high prices for legal plans and annuities that they either did not need or were limited to the point of not being worth the money.

The ruling was based in part on the determination that employees at the two companies were selling legal plans despite the fact that they were not attorneys. In the state of Ohio it is illegal for non-lawyers to practice law, and selling legal plans is considered practicing law.

Co-owner Jeffrey Norman has defended his companies, despite the fact that he is also facing legal action in North Carolina, Florida and Pennsylvania in addition to Ohio. Mr. Norman claimed that the case against him was flawed, and that the Supreme Court panel was biased against him.

As a result of the ruling the companies must turn over their customer lists to the Columbus Bar Association. The Association will then contact the individuals on the list to let them know that they can sue to recover the money they spend on the plans and annuitites.

Illinois Supreme Court upholds will restricting inheritance based on religion

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)10635 — Wed, 30 Sep 2009 08:00:00 EST

An unusual will is garnering a great deal of attention in Illinois. The last will and testament of Dr. Max Feinberg has actually ended up before the Illinois Supreme Court because of a controversial provision that cut grandchildren married to non-Jews out of his will.

Dr. Feinberg felt strongly that the Jewish faith of his family should be protected and had his will written so that any grandchild who married outside of the faith would lose his or her inheritance unless their spouse converted to Judaism.

Feinberg created trusts for his family and died in 1986. The trusts were left in control of his wife Erla Feinberg. When she died in 2003 she included similar language in her will about preserving their Jewish heritage.

Four of Feinberg’s grandchildren married outside of the Jewish faith, and one married a Jewish woman. Because of the “religious preference clause” Feinberg’s estate has been subject to lawsuits, counterclaims and a ruling from the Illinois Supreme Court.

The high court overturned two lower court rulings in favor of the four disinherited grandchildren. In the ruling, Justice Rita Garman wrote "Equal protection does not require that all children be treated equally ... and the free exercise clause does not require a grandparent to treat grandchildren who reject his religious beliefs and customs in the same manner as he treats those who conform to his traditions."

Woman with living will allowed to die in the U.K.

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)10636 — Wed, 30 Sep 2009 08:00:00 EST

A woman in the U.K. has effectively committed suicide via a living will. The woman, Kerrie Wooltorton, 26, drank poison at her home and then called an ambulance. She was conscious when she arrived at the hospital and handed doctors a letter stating that she only wanted to be made comfortable and did not want any life-saving measures.

According to doctors her wishes were very clear, and they were reluctant to intervene lest they be charged with assault. As far as they knew Ms. Wooltorton was mentally competent and able to refuse treatment.

Living wills allow people to decide what type of treatment they do or do not want to be subject to if they are unable to speak for themselves. They can require that all measures be taken to preserve life, or they can ask that no extraordinary measures be taken.

Living wills are typically used by terminally ill patients who wish to avoid painful end-of-life treatment when there is little chance of survival. This case is thought to be the first ever where a person effectively committed suicide by using a living will to prevent doctors from providing care.

Wooltorton’s family have stated that the doctors who allowed her to die should have tried to save her. The case is expected to ignite a debate over the use of living wills in the U.K. and elsewhere.

Preparing a living trust for your children? Don't forget to name a guardian

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)10639 — Wed, 30 Sep 2009 08:00:00 EST

It’s a depressing scenario: one parent dies, leaving the other one to raise their children. While both parents or the living parent may have thought to create a living trust to provide for their children in the event that the surviving parent passes away unexpectedly, the question of guardianship must also be considered.

Unfortunately it happens all too often – children are left behind when both parents die, and somebody has to take care of them. As uncomfortable as it may be to consider the options, parents must think about who they want to act as their children’s guardian should the worst happen.

Without a named guardian, if both parents pass away the job of finding a home for the children falls to the courts. If nobody steps up to take responsibility of the children, they could end up in foster care – not a future that any parent would want for their children if it could be avoided.

When considering whom to name as a legal guardian in your will, keep in mind that it does not need to be a relative. Sometimes good friends are closer and share important values more so than blood relatives. What’s important is that you pick somebody you feel comfortable raising your children if the need arises – don’t leave it up to fate.

Challenge to estate administration can happen even with "no contest" clause

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)10444 — Mon, 21 Sep 2009 08:00:00 EST

An interesting development has happened with the estate of Michael Jackson. His mother, Katherine Jackson, asked Los Angeles Superior Court Judge Mitchell Beckloff if she could challenge the administrators of her son’s estate without invoking a “no contest” clause.

The clause stated that any challenges to Jackson’s estate would cause the person contesting to lose their share of the estate. Katherine Jackson stands to receive 40 percent of her son’s estate.

Judge Beckloff has allowed Katherine Jackson to challenge her son’s estate administrators without being disinherited. Ms. Jackson’s reasons for challenging were sealed and not made public, however Beckloff’s ruling indicated that several legitimate issues were raised by Ms. Jackson, including questions about whether Jackson was under the influence when he signed his will in 2002.

Jackson’s estate is estimated to be worth $500 million, however the popular singer also died heavily in debt. His estate is currently being administered by attorney John Branca and music executive John McClain.

At this time Katherine Jackson is receiving over $26,000 each month in addition to $60,000 each month to care for Jackson’s children. Ms. Jackson has permanent guardianship of her son’s children.

Estate plans don't expire, but they do need to be updated

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)10186 — Mon, 31 Aug 2009 08:00:00 EST

Estate plans don’t expire, but they do need to be updated when your life situation changes. Major life events like marriage, the birth of a child, divorce, remarriage, death of someone mentioned in your plan, or other such events can make your estate plan inaccurate.

To ensure that your estate plan accurately reflects your current wishes, you should review it any time one of these major events occurs. If you don’t, your estate could face legal challenges after your death as your survivors attempt to make sense of an outdated plan.

Make sure that you don’t confine your estate plan review to obvious documents like your will and trusts. You should also ensure that the beneficiary designations on your financial and insurance plans are up to date.

Be sure to review the beneficiary designations on your retirement plans (401k, IRA), investments (mutual funds, stocks, bonds), insurance plans, bank accounts, and any other similar items.

You should also review and update any powers of attorneys that you have, especially durable financial and healthcare powers of attorney. You don’t want, for example, your former spouse to be given the power to make financial decisions for you if you become incapacitated.

Your estate planning attorney can help you make updates as necessary and ensure that your overall estate plan accurately reflects your wishes.

Can you make your trust a beneficiary of your IRA?

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)10187 — Mon, 31 Aug 2009 08:00:00 EST

When considering your estate planning options as you near retirement age, you may wonder what you can do with your IRA to maximize your tax situation and protect your assets.

A common move in estate planning is for you to name a trust as a beneficiary of your IRA. This is a way for you to avoid taxes and protect your beneficiaries – two important goals in estate planning. This would be an especially useful tactic if you have young children who are not yet able to manage their own money or if you have a special needs child who will need life-long assistance.

A knowledgeable estate planner needs to help you with properly preparing the necessary documentation to make your trust a beneficiary of your IRA. It is important that strict IRS guidelines are followed when the trust is written so you don’t run afoul of the law.

You should also know that some trusts pay higher income tax rates than individuals, so you’ll have to evaluate this possibility when you are trying to decide whether or not this option makes sense for your situation. Care must be taken so our IRA funds don’t get trapped in the trust because of a mistake or oversight in the trust’s preparation.

If you try to transfer funds from your IRA into a trust, the transfer would be likely trigger immediate taxation because such a move would be considered an IRA distribution. Some estate planners suggest a technique to move funds from an IRA to a trust that they say does not cause immediate taxation, but be aware that the IRS may not agree with your estate planner’s assessment. Without a ruling from the IRS – which can be expensive – you should not try to get around being taxed for an IRA distribution.

Will the estate tax repeal go forward in 2010?

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)10190 — Mon, 31 Aug 2009 08:00:00 EST

If Congress doesn’t act, there won’t be any estate tax in 2010 – a situation that concerns some lawmakers and pleases others.

The estate tax would disappear for one year because of tax cuts passed by President George W. Bush that included a repeal of the estate tax – only for 2010. Cynics have noted that a year without any estate tax would induce people to try and time the demise of their wealthy elders for 2010, but the real concern is the revenue that the federal government would lose out on with such a repeal.

Lawmakers must agree on a permanent estate tax rate before the end of the year, which may not happen. In that case they would have to at least agree to a one-year temporary measure to keep the estate tax from disappearing next year.

Another option is to simply extend the 2009 estate tax rate through the end of 2010. This means that estates valued at under $3.5 million would be exempt from the tax, and those over $3.5 million would be subject to a 45 percent tax rate.

One proposal is to extend the ceiling for estate tax exemption from $3.5 million to $5 million, and then tax those over the ceiling at 35 percent instead of 45 percent. A permanent solution may be found if lawmakers can compromise on a tax rate between those two ranges.

After that, Congress must figure out what to do about the estate tax in 2011. Under current law, the estate tax exemption will be only for estates up to $1 million, and anything valued higher than that will face a tax of 55 percent.

How proposed changes to Pennsylvania estate law could affect you

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)10070 — Sat, 22 Aug 2009 08:00:00 EST

There is a push in Pennsylvania right now to make it easier for the state to recover money they pay to residents for medical assistance. Part of the plan would affect any person over the age of 55, whether or not he or she had ever received Medicaid.

Right now, if you die your bank is allowed by law to pay money in one of your accounts or in a CD to your spouse, child, or other relative as long as the total did not exceed $3,500. They just need a receipted funeral bill.

The proposed change would raise the amount that can be paid from $3,500 to $15,000, but it includes a more onerous provision that not everyone is happy about.

Under this new legislation, if the deceased was 55 years or older, before they can release any funds the bank must be given a letter from the Department of Public Welfare staring that there is no estate recovery claim.

Without this letter – or if there is in fact an estate recovery claim – the bank can release up to $3,500 for the funeral (paid to the licensed funeral director with a receipted funeral bill) and then the bank must send the rest of the money in the account to the Department of Public Welfare.

Pennsylvania state representatives unanimously support these changes, so it is probably just a matter of time before they become law.

Financial elder abuse cases on the rise as economy continues to struggle

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)9637 — Wed, 29 Jul 2009 08:00:00 EST

The sour economy is having an unexpected impact on elder Americans: their children are increasingly turning to them for financial help. Unfortunately, some family members are crossing the line when seeking financial assistance from their elderly relatives, leading some financial planners and attorneys to claim abuse.

Elderly individuals who are mentally or physically frail are the most at risk of being taken advantage by others, either because they can’t push back or because they are not capable of making decisions in their own best interest. Sadly, some family members use emotional blackmail to get what they want, as elders fear losing contact with loved ones if they don’t accede to demands.

There are a variety of way that elders can be taken advantage of financially. For example, a child could convince an ailing parent to put their home into joint tenancy ownership so that when the parent passes away the child inherits the entire house – even if the parent intended to split the home among all children.

Sometimes children take advantage of being in control of a trust or power of attorney for a parent. A cash-strapped child may take money to pay off debts when the funds should be used to care for the parent or should be distributed fairly among siblings upon the parent’s passing.

To avoid being taken advantage of, experts recommend that elders have a trusted friend or family member regularly review financial documents for inconsistencies or signs of abuse.

Dozens arrested in nationwide Medicare fraud bust

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)9640 — Wed, 29 Jul 2009 08:00:00 EST

Many people who rely on Medicare worry that there won’t be enough federal funds to cover their medical expenses down the road. One reason for Medicare’s precarious financial situation is the amount of fraud perpetrated every day by people taking advantage of the system.

This week authorities are fighting back against fraudsters, arresting 30 people across the country in a variety of Medicare fraud busts. The $16 million bust required the work of 200 federal agents and resulted in arrest warrants being issued for a number of doctors and other individuals at various heath care businesses.

One popular scam involved giving patients expensive “arthritis kits” which were nothing more than orthotic braces and heating pads. Despite clinics billing Medicare up to $4,000 for each kit, many patients claim they never received them nor did they want them in the first place.

Another scam involved billing Medicare for thousands of dollars of Ensure – a liquid food given to patients who cannot eat – even if the patients never actually received the goods or were deceased.

The crackdown is part of an effort by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius to fight the billions of dollars of Medicare fraud that happens every year.

The amount of fraud is shocking. Just since 2007 federal strike forces have indicted over 293 suspects and organizations that over the years have fraudulently billed Medicare for more than $674 million – and that’s only in Miami, Detroit, and Los Angeles.

Will Pennyslvania lawmakers divert Medicaid stimulus money?

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)9641 — Wed, 29 Jul 2009 08:00:00 EST

The shaky condition of Medicaid is a concern for many who depend on Medicaid benefits to keep them or a family member in a nursing home. In order to help preserve healthcare benefits for struggling families, $4 billion in additional Medicaid funding will go to the Pennsylvania state treasury by the end of next year. This money is part of the national stimulus package

However, some Pennsylvania lawmakers are eyeing these additional funds as a way to cover budget shortfalls in other areas. Medicaid funds could be diverted to pay for transportation project or prison costs, leaving less available for nursing home residents.

Taking money away from Medicaid could have devastating consequences. In a state with a high number of elderly residents, many of whom rely on Medicaid to pay for their care, diverting Medicaid funds for other purposes could be devastating.

Medicaid is an important benefit: 65 percent of nursing home residents rely on Medicaid and 15 percent rely on Medicare. Even those individuals who begin their stay in a long-term care facility by paying out of pocket usually end up relying on Medicaid when their funds dry up – something that is happening sooner than expected for many, given the sorry state of the economy.

Another issue is that nursing homes are already being paid less by Medicaid than what they bill. On average, nursing homes are paid by Medicaid $14 a day (about $5,000 a year) less than what they are owed for the cost of caring for Medicaid residents.

Will families lose their homes to reimburse Medicaid costs?

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)9203 — Sun, 28 Jun 2009 08:00:00 EST

Governor Ed Rendell is looking for ways to bring money into the beleaguered state coffers, and his latest budget proposal contains a change to how Pennsylvania recovers costs from estates for long-term care spending after a patient dies.

One component of the new bill proposed by Rendell could be devastating to families. After a Medicaid recipient dies, the government would be able to place a lien on any property in which the deceased had an interest, for up to the full amount of care that was covered by Medicaid.

Up until this point the state has avoided counting the home as an asset available for Medicaid recovery, for sound reasons that serve the public interest. By allowing families to keep their homes, neighborhoods are preserved, family farms can stay in the family, and properties maintain clean titles.

This new bill would be a significant change that potentially affects a huge number of people because so many rely on Medicaid to cover the cost of their long-term care. Because long-term care can cost elderly residents $8,000 a month, many families have no other option but Medicaid.

After spending down their personal assets to afford long-term care, families could lose their land and their homes as well if this bill passes. Even worse, critics contend that this provision would only bring in a fraction of what the state pays out in Medicaid every year.

Attorneys must untangle Pop King's complicated estate

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)9192 — Sat, 27 Jun 2009 08:00:00 EST

After his tragic and untimely death, Michael Jackson has left behind a tangled estate complicated by custody issues that may take lawyers years to unravel.

One major issue who will get custody of Mr. Jackson’s three children. Since at this time it is unknown if Jackson had a will, there is a great deal of speculation in legal circles about the challenges that will be faced settling his unusual estate.

Despite widespread rumors of financial difficulties, Jackson had some notable items including music catalogues, royalties, and rights to his image. Some have suggested that Jackson’s estate will be left to his children, but at this point it is unknown.

As for the children, it remains to be seen if custody of his two oldest children, Prince Michael Jackson, 12, and sister Paris, 11, will go to their biological mother Debbie Rowe. Years ago Rowe attempted to give up all legal rights to the children, stating that they were Jackson’s children. A judge refused to hear the request, leaving Jackson with physical custody only and keeping the door open for Rowe.

Jackson’s youngest child, Prince Michael II, 7, was also born from a surrogate mother however her identity has never been publicly revealed. Right now the children are being cared for by Jackson’s mother Katherine and a nanny.

Will revised estate tax laws pay for health care reform?

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)8535 — Tue, 12 May 2009 08:00:00 EST

This week the Obama administration announced that it plans to raise money for an ambitious health care reserve fund by changing estate tax law and closing certain tax loopholes. The administration hopes to raise almost $60 billion over 10 years through proposed changes.

The approximately $634 billion health care reserve fund would be used to revamp the healthcare system and expand health care insurance benefits to Americans without it.

Right now the law allows for a $3.5 million estate tax exemption per person ($7 million per couple). In order to raise $24 billion over 10 years lawmakers have proposed tightening estate tax laws. The proposed changes relate to how assets in an estate are valued.

A senior Treasury official, speaking to reporters on condition of anonymity, claimed that less than three-tenths of 1 percent of estates would be affected by the changes.

The future of the estate tax is becoming clearer

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)8383 — Thu, 30 Apr 2009 08:00:00 EST

Confusing and controversial laws have made it challenging for some people to complete their estate plans over the last several years. However, it looks as though the dust is settling around the thorny issue of what to do with the estate tax in 2010 and 2011.

One criticism of the current estate tax law – which would abolish the estate tax completely in 2010, only to aggressively reinstate it in 2011 – is that it could induce families to hasten or prolong the death of their elderly family members in order to take advantage of the 2010 change.

All morbid thoughts aside, lawmakers are eager to reinstate the estate tax in 2010 and ensure that it remains at a more reasonable level for subsequent years. Lawmakers agree that there is zero chance that the estate tax will disappear in 2010 as stated in the current law.

Even if Congress’ version of the Obama administration budget, which includes changes to the estate tax, doesn’t pass as written, lawmakers are expected to at a minimum reinstate the state tax for 2010. It remains to be seen what other changes will be passed in the final budget.

Congress considering changes to the estate tax laws

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)8298 — Sun, 26 Apr 2009 08:00:00 EST

Members of congress are trying to reach a compromise on a confusing estate tax law. Under the current law, the estate tax is calls for an exemption of $3.5 million with a top tax rate of 45% in 2009, then the estate tax would completely disappear in 2010, only to reappear in 2011 in more severe form.

As the estate tax law stands right now, in 2011 the exemption level would be only $1 million with estates worth more being taxed at rates as high as 55%. After a year with no tax at all, the change is dramatic.

This confusing and confounding estate tax law was enacted in 2001. However, some members of Congress believe that allowing the estate tax to expire completely would be a questionable move in today’s economy – as would returning the estate tax to what they were in 2001.

In order to avoid the havoc that could be caused by the 2010 / 2011 estate tax changes, President Obama has proposed freezing the estate tax at the current 2009 levels.

Discrepancy in POW benefits

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)8191 — Sat, 18 Apr 2009 08:00:00 EST

    Attorney Jim Shields concentrates on legal issues affecting veterans. A recent article by Associated Press      says that the number of POWs claiming disability benefits exceeds the number of POWs. According to the Department of Defense there are 21 surviving POWs from the first Gulf War in 1991. But the Department of Veteran Affairs (VA) is paying benefits to 286 service members that their records say were taken prisoner during that conflict.

    Because of the trauma suffered by prisoners of war, the government allows them additional benefits like free parking, tax breaks, and special medical treatment.

    The article also claims there is a discrepancy with the number of Vietnam POWs. According to Defense Department figures, there are 661 officially recognized prisoners of war who returned from Vietnam alive, and 100 have since died. But the VA says that 966 veterans are getting disability payments.

    The article says the problem is that the Defense Department determines POW status and the VA awards benefits, but the two branches of government don't work together to verify the lists.

Many special needs children lack plans for lifetime of care

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)8185 — Fri, 17 Apr 2009 08:00:00 EST

Raising a child with special needs can be challenging for parents, so much so that they may neglect other areas of their life. One area that is often overlooked is planning for the future, something that can ultimately be detrimental to the well-being of a special needs child.

With approximately 2.6 million children in the United States classified as special needs, long-term plans for their care is critical to not only the individual children but to the country. Without adequate forethought, after the death of caregivers or parents there might be nobody left but the government to care for the special needs individual.

A survey by The Hartford found that 62% of parents with a special needs child had no plan for the future care of their child. In addition, parents who had made plans often made mistakes that could disqualify their child from receiving government assistance.

The study highlights the importance of consulting with professionals about special needs trusts, life insurance policies, financial plans, and other estate planning activities that can be used to preserve a secure future for a special needs child.

Are you at risk of dying intestate?

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)7947 — Mon, 30 Mar 2009 08:00:00 EST

A recent article posted at The Motley Fool warns of the dangers of dying intestate. If you die intestate, it means that you passed away with no valid will or trust. Is this a big deal? Absolutely.

If you die without a will or trust, the state government takes over. Each state uses formulas to decide how to disburse your assets, and it can leave your loved ones frustrated. Without a will or trust, your estate won’t be handled the way you would have wanted, the government can let your estate linger in probate for a long time, and it could cost a pretty penny to get everything settled.

To avoid leaving a legacy of bureaucratic red tape, the Motley Fool has three pieces of advice: find a lawyer who specializes in estate planning, stay up to date on tax changes and other legal matters that could affect your will or trust, and make sure the right people know where to find these important documents.

Seniors warned to be wary of living-trust scams

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)7933 — Fri, 27 Mar 2009 08:00:00 EST

Living trust scams are a problem for seniors all over the country. Authorities in Pennsylvania are warning senior citizens about probate and living trust con artists who could cost them thousands of dollars.

Unscrupulous individuals often try to sell living trusts to elderly people. These individuals are often nothing more than sales agents trying to earn a commission by selling investments or living trusts that may be of questionable value.

Probate and living trusts are not a "one size fits all" issue, which is why it is important for anyone interested in estate planning to contact a qualified, reputable source for information. Scam artists thrive on selling useless plans and advice to people concerned about their future, and senior citizens are a favored target of such individuals.

Individuals seeking to start a living trust are urged to do their homework, steer clear of offers involving high-pressure sales tactics, and look beyond fancy sounding credentials.

Debt collectors target the dearly departed

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)7798 — Thu, 19 Mar 2009 08:00:00 EST

In a sign of how difficult economic times are for debt collection and credit agencies, many are targeting a rich new source of income: collecting debts of the dead.

Collections agencies are finding that calling the relatives of deceased individuals to ask that they pay their loved one’s debt is a fruitful pursuit. Many family members feel obligated to pay the debts of their kin, even though they may not be required to do so by law (laws differ by state).

While collections agencies can target the estate of deceased individuals, many are finding that a gentle touch with living relatives is easier and yields better results. Agents are specially trained to speak kindly and compassionately to family members, in the hope that the positive interaction will induce them to pay up.

Estate tax isn't going anywhere

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)7797 — Thu, 19 Mar 2009 08:00:00 EST

President Obama has taken steps to make the estate tax permanent. According to the recently passed Emergency Economic Stabilization Act, the estate tax will disappear in 2010, but it will reappear in 2011 with an estate exemption of one million dollars.

Significant changes in estate tax law are also expected in 2009. It is likely that new legislation will be passed that will repeal the repeal of the 2010 estate tax expiration. Replacing the expiration could be a permanent exemption around $3 to $4 million. The maximum estate tax rate is expected to be 45%.

This means that the estate tax situation is most favorable until 2011, when the exemption ceiling lowers by several million dollars.

Importance of Special Needs Trusts Highlighted by Non-Profit

jimpshields@gmail.com; frank.jackson14@gmail.com (News Author)7615 — Wed, 04 Mar 2009 08:00:00 EST

Parents and caregivers of individuals with special needs have been reminded of the importance of special needs trusts and estate planning by the non-profit Good Shepard Legal Foundation (GSLF). According to Census survey data, over 41 million Americans have some kind of disability, which is about 15% of the population over the age of 5.

With so many Americans living with disabilities, parents and caregivers must consider how their disabled loved ones will survive should they outlive those who provide their daily care and support. One way to ensure the long-term needs of these children and adults is to establish a Special Needs Trust.

Special Needs Trusts can be set up to eliminate estate taxes, protect government benefits, and prevent court control of assets. Caregivers should be reassured that these Trusts do not interfere with benefits like Medicaid, subsidized housing, Supplementary Security Income, or food stamps.