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Thursday, August 24, 2017

Half of Adult Americans Don't Have A Will

A recent survey of Caring.com reveals that 58% of adults in the U.S. do not have a will or living trust. This percentage shows how adults neglect the importance of estate planning.

If you are part of this population, read on.           

I understand that it is easy to put off end-of-life planning not only for the young, but also for most people who refuse to think about their mortality. However, this kind of thinking prevents you from making decisions that will save your loved ones from additional stress during a time of great grief.

Have you considered setting up a will but never really acted on it?

Caring.com's survey conducted by Princeton Survey Research Associates International found out that 47% out of 1,003 adults do not have estate planning documents because they “haven’t gotten around to it.”

Procrastination is a common hindrance to any kind of planning, but once you know the burden and stress that a lack of will or living trust will give to your loved ones, you might reconsider.

I have previously written a blog post "Steps To Take When A Loved One Dies", a long list of to-do’s that will definitely exhaust bereaved family members. You wouldn’t want your loved ones to go through this arduous process while on a grieving period. If you need a bit of a push to start your estate planning, think of your loved ones. Do it for them.

 

Are you hesitant because of the value of your assets? 


Jody Giles, author of “Missing Pieces Plan: Providing You and Your Loved Ones Peace of Mindsays, “Even if you don’t have the wealth of Steve Jobs or Prince, what you do have means something to somebody. Regardless of the amount of ‘wealth’ you are passing on, let it be handed over based on your wishes, not your state’s laws.”

 

Still thinking about it? Here are two more reasons why you should seriously consider starting your estate planning NOW:


If you are a parent, you have to ensure that your child will be given the best care even after you are gone by nominating a guardian for your children. Giles stresses that a will has a critical role for the minor children and all parents need a will, “If for no other reason than the sole purpose of naming guardians.” This isn’t usually a topic that you or your partner would comfortably discuss, but it is imperative. You would want to leave your children under the care of people you trust, and not someone appointed by a judge. 

You need to have a health care power of attorney. Why? Because when there’s medical emergency and you are not able to decide for yourself, you want someone that you trust make the decisions for you. When a child reaches 18 years of age, parents are no longer legally empowered to make medical decisions for their children. In medical emergencies, you may even find it difficult to get updates on your child's condition without an advance health care directive and HIPAA Release.



Ready to take the first step but still have questions? Here are some answers to the questions commonly asked by clients and friends:

 

            Isn’t estate planning too complicated and costly?

 

It depends. The extent and complexity of your financial situation and your personal goals and wishes directly affect the process of estate planning. Simple estate planning usually doesn't cost much, but expect higher expenses when there’s a need to sort out some issues. According to Ashley Case, an Arizona-based tax and estate-planning attorney, “For individuals with modest wealth and straightforward wishes, a simple estate plan can be prepared quickly and inexpensively. Some factors that tend to complicate an estate plan include multiple marriages, children from different relationships, certain business assets, a higher net-worth, and complex wishes regarding distributions.”

 

            Should I get a will or a living trust?

 

            Mark Gilfix, an elderlaw attorney with Gilfix and La Poll Associates, LLP, suggests that you should choose living trust over a will. He discussed in a Caring.com video, Estate Planning: What You Needthe main factors to consider in choosing between a will and a living trust.  

However, Giflix emphasized that having a will is much better than nothing.

 

            How will I start with my estate planning?

 

      Another video of Mark Giflix briefly enumerates these steps to follow:


 

      He mentioned that the first step is to choose a trusted agent (usually chosen from parents, siblings, children and trusted friends). Then the next step would be determining your personal plan for your assets and where you want them to go when you are gone. Lastly, he highlighted the need to work with an expert upfront.  


With this guide, you can be more confident in taking the first few steps in implementing your estate plan. Remember that a help of an expert in this field can save you time and give you peace of mind that your documents have been prepared correctly. This way, you will avoid any possible problems and additional expenses in the future.

 

Russell C. Golowin is an Elder Law and Estate Planning Attorney for families in the Columbus, Ohio area.  If you need assistance with wills, trusts and other estate planning documents, call (614) 453-5208 today. Visit his website for more information on estate planning in Columbus, Ohio.


Tuesday, February 16, 2016

2016 VA Aid and Attendance Pension Rates

What are the 2016 VA Aid and Attendance Pension rates?

For 2016, the Maximum Allowable Pension Rates (MAPR) for the VA Basic Pension, Housebound, and Aid and Attendance ratings have stayed the same as in 2015.

As indicated below, the maximum monthly pension payable to a married veteran in need of Aid and Attendance is $2,120 per month. The maximum monthly payment to a surviving spouse is $1,149.

See the table below:


Maximum Allowable Pension Rate (MAPR)
Approx. Monthly Benefit
Veteran
(Basic Pension with no dependent)
$12,868
$1,072
Veteran
(Basic Pension with one dependent)
$16,851
$1,404
Veteran
(Housebound with no dependent)
$15,715
$1,310
Veteran
(Housebound with one dependent)
$19,710
$1,642
Veteran
(Aid and Attendance with no dependent)
$21,466
$1,778
Veteran
(Aid and Attendance with one dependent)
$25,448
$2,120
Each additional child
$2,198
$183



Surviving Spouse
(Basic Pension with no dependent)
$8,630
$719
Surviving Spouse
(Housebound with no dependent)
$10,548
$879
Surviving Spouse
(Aid and Attendance with no dependent)
$13,794
$1,149
Surviving child
$2,198
$183



Veteran Married to Veteran
(Both Aid and Attendance)
$34,050
$2,837

Golowin Legal, LLC provides Medicaid and VA Aid and Attendance planning to families in the central Ohio area.  If you or a loved one is a wartime veteran or surviving spouse and is paying for in-home, assisted living or nursing home care, call us at (614) 453-5208 today to inquire about eligibility for VA Aid and Attendance benefits. Visit our website for more information on VA Aid and Attendance Pension Planning.

Beneficiary Designations - A Big Deal

The linked article from WealthManagement.com asks "What is the Big Deal About Beneficiary Designations?"

Whether you've never done any estate planning or you already have a will or trust, naming beneficiaries or updating your old beneficiary designations is absolutely critical!

Don't understand why it's important?
You might want to read Egelhoff v. Egelhoff, 532.U.S. 141 (2001) and then ask the children of Mr. David A. Eggelhoff. 
After their father divorced Donna Rae Egelhoff (their stepmother), he forgot to update the beneficiary designations on his Boeing retirement funds. Consequently, instead of his children inheriting his retirement funds when he died unexpectedly...his ex-wife did
In fact, the unanimous opinion of the high court was that federal law governing ERISA retirement plans preempted the contrary state law "disinheriting" ex-spouses. 
When people think about estate planning, many overlook the importance of updating beneficiary information on assets like 401(k)s, IRA and life insurance policies.  This can lead to serious unintended consequences, to include litigation!
Failing to set or update beneficiary designations on financial accounts (to match the instructions in the will or trust document) ranks among one of the most common mistakes in estate planning.  Don't let an Egelhoff-like disaster happen to your loved ones!

Need help with your beneficiary designations? Call Golowin Legal.

Russell C. Golowin helps clients create wills, trusts and other estate planning documents in the central Ohio area. Visit his website for more information on estate planning in Columbus, Ohio.

Tuesday, August 20, 2013

Guard Your Card To Stop Medicare Fraud


The Department of Health and Human Services says that "your Medicare card is as valuable to thieves as your credit cards."

In order to help reduce Medicare Fraud, it offers these tips:
  1. Guard your Medicare number
  2. Be suspicious of anyone who offers free medical equipment or services and then requests your Medicare number
  3. Don't let anyone borrow or pay to use your Medicare card or your identity
  4. Review your Medicare Summary Notice to be sure you and Medicare are only being charged for actual services
For more information, visit StopMedicareFraud.gov.

Russell C. Golowin assists seniors in the Columbus, Ohio area with Medicaid planning, estate planning, and other related issues such as Medicare. Visit his website for more information on Medicaid planning in Franklin County, Ohio.

Monday, July 29, 2013

2014 Ohio Homestead Exemption Income Limit


Since 2007, the Ohio homestead exemption has reduced property taxes for all Ohio homeowners 65 or older, regardless of their income.  The average savings per homeowner has been estimated to be about $400 per year, though the tax break varied based on local community rates.

However, in 2014, the Ohio homestead exemption will have an income limit of $30,000.  Tax-law Changes to Squeeze Seniors, indicates 
[t]he new income limit likely will bring  a dramatic drop in the number of Ohioans who qualify. In 2006, when the $26,200 income limit was in place, there were only 1,094 new qualifiers in Franklin County.  A year later, after [the income limit was eliminated], there were 37,000 new qualifiers in the county.
It is likely that seniors already receiving the homestead exemption when the new law takes effect on January 1, 2014 will continue to receive their tax break regardless of their income.

This means that Ohio seniors who owned and occupied their home as their primary residence as of January 1, 2013 and are 65, or turn 65 by December 31, 2013 should file a homestead exemption Application for 2013 or the prior year (2012) with their county Auditor by Tuesday, December 31, 2013. Failing to file by the end of this year could result in ineligibility due to the 2014 income cap of $30,000.

Franklin County residents may file a homestead exemption by calling the Franklin County Auditor at (614) 525-3240, visiting the office at 373 S. High St., 21st Floor, downloading a hard copy of the Ohio homestead exemption application, or filing the Ohio homestead application electronically. For more information, visit the Franklin County Auditor's Homestead Information page.

Golowin Legal provides Estate and Medicaid planning services to clients in the Central Ohio area.  If you are a senior concerned with protecting your home should you require care in an assisted living facility or nursing home, call us today at (614) 453-5208 to schedule an analysis meeting.  In most cases, planning can be done to protect a majority of your assets. Visit our website for more information on Medicaid planning in Columbus, Ohio.

Wednesday, May 29, 2013

National Record Service, Inc. Deed Service

Letter from National Record Service, Inc.
If you've received a letter like this one from National Record Service, Inc., don't send in your payment before considering the fact that you can probably get a copy of your deed for free - or much less than the $59.50 that National Record Service charges.

Klamath Falls, Orgegon's Herald and News published an article entitled "Deed Scam Circulating," wherein the County Clerk advised "[National Record Service has] every right to provide that service, but it is a scam in the sense that you can get [a copy of your deed] locally for much less."

Aggravated customers have made 102 complaints on the National Record Service Better Business Bureau's page. While I have no personal knowledge of whether NRS provides satisfactory service once a customer orders a deed, it appears that some are either dissatisfied with the service, or frustrated that they paid more than necessary to obtain a copy of their deed.

In many counties in Ohio one can print a copy of their deed in only a few minutes by visiting the County Recorder's webpage online at no charge.  For example, here is the Franklin County Recorder's online public record search. In counties that don't have online access, a phone call to the County Recorder will tell you how much they would charge to send a copy, which is usually only a few dollars.

Alicia Bodine, a contributor on the Yahoo! Contributor Network, summed up this issue well in an article she titled "National Deed Service, Inc.: A Current Alert with the BBB" when she said "Bottom line is this: Don't pay hard-earned money for something you can easily get yourself."

Russell C. Golowin is an Elder Law and Estate Planning Attorney for families in the Columbus, Ohio area.  If you need assistance with creating a new quit claim deed, survivorship deed, or transfer on death affidavit, call (614) 453-5208 today. Visit his website for more information on real estate deeds in Columbus, Ohio.

Saturday, May 18, 2013

Reporting Someone Who Should Not Be Driving A Car


How can I report someone who shouldn't be driving?

This is a common question asked by people with family or friends that have displayed diminished driving skills due to physical or mental impairment caused by advancing age, medical, or vision problems.

The Ohio Bureau of Motor Vehicles (BMV) can require a driver licensed in Ohio to submit a medical statement and/or take an examination if they receive information that gives "good cause to believe" that the driver is incompetent or incapable of driving safely. 

To request that the BMV require a driver to be re-certified, submit a written and signed request to:

Ohio Bureau of Motor Vehicles
Attention: Driver License Special Case Section/Medical Unit.
P.O. Box 16784
Columbus, Ohio 43216-6784

The request may also be faxed attention to "Medical Unit" to (614) 752-7271. The letter should include a release allowing the BMV to use the your name as their source of information.

The BMV will conduct an investigation to determine if there is sufficient cause to require a medical statement or a driver license examination. If it finds sufficient cause, the BMV will advise the driver that they have received your request and take action.

For more information, visit the Ohio Bureau of Motor Vehicles Driver License FAQ page.


Taps Elder Law provides Estate and Medicaid planning services to clients in the Central Ohio area.  If you have a family member that is displaying diminished capacity, it is critical for them to update their financial power of attorney, will or trust, and health care documents.  Call us today at (614) 453-5208. Visit our website for more information on estate planning in Columbus, Ohio..

Wednesday, January 30, 2013

How Much Is VA Aid and Attendance In 2013?

One of the first questions people have once they discover that eligible wartime veterans or their surviving spouses can receive a tax-free monthly pension from the VA is "How much does the VA Aid and Attendance pension pay?"

For 2013, the Maximum Allowable Pension Rates (MAPR) for Basic Pension, Housebound, and Aid and Attendance ratings have increased by 1.7% from the 2012 levels.

As indicated below, the maximum monthly pension payable to a married veteran in need of Aid and Attendance is now $2,054 per month.  The maximum monthly payment to a surviving spouse is $1,113.  See the table below:


Maximum Allowable Pension Rate (MAPR)
Approx. Monthly Benefit
Veteran
(Basic Pension with no dependent)
$12,465
$1,038
Veteran
(Basic Pension with one dependent)
$16,324
$1,360
Veteran
(Housebound with no dependent)
$15,233
$1,268
Veteran
(Housebound with one dependent)
$19,093
$1,591
Veteran
(Aid and Attendance with no dependent)
$20,795
$1,732
Veteran
(Aid and Attendance with one dependent)
$24,652
$2,054
Each additional child
$2,093
$174



Surviving Spouse
(Basic Pension with no dependent)
$8,359
$696
Surviving Spouse
(Housebound with no dependent)
$10,217
$851
Surviving Spouse
(Aid and Attendance with no dependent)
$13,362
$1,113
Surviving child
$2,129
$177



Veteran Married to Veteran
(Both Aid and Attendance)
$32,100
$2,675

Golowin Legal, LLC provides Medicaid and VA Aid and Attendance planning to families in the central Ohio area.  If you or a loved one is a wartime veteran or surviving spouse and is paying for in-home, assisted living or nursing home care, call us at (614) 453-5208 today to inquire about eligibility for VA Aid and Attendance benefits. Visit our website for more information on VA Aid and Attendance Pension Planning.

Tuesday, February 14, 2012

Facebook User's Death Can Cause Estate Planning Problems

What happens to a Facebook account when the user dies? I previously wrote about how protecting your "virtual assets" is an important piece of estate planning, and this issue is proving to be important as Facebook is bearing the brunt of some complaints from unhappy or frustrated family members of deceased users.


Steve Eder of the Wall Street Journal writes in "Deaths Pose Test for Facebook":
As people's online personas become an increasingly important part of their lives, families and friends are encountering confusion and frustration in trying to manage the Facebook, Twitter and email accounts of their deceased loved ones.