Trustee Of Special Needs Trust Violated Fiduciary Duty
All trustees face the challenge of forecasting future needs of special needs trust beneficiaries. In order to develop an expenditure plan that is reasonable and based on realistic expectation of the beneficiary and their family requires the trustee must get to know the person. Otherwise, the trust assets will not be used in the most…
Yes, Virgina-You Do Need Legal Planning Documents
“I’m Not Wealthy – Do I Really Need Legal Documents?” Yes Virginia You Do. Do you feel that you do not have enough assets to justify making a Last Will & Testament, Durable Power of Attorney or Designation of Health Care Surrogate? You are not alone, and nothing could be further from the truth. Wealth, like beauty, is…
Medicaid Protections Should Be Available To Same-Sex Married Couples
Several major federal agencies have announced that they are now providing federal benefits to same-sex legally married couples. Most recently, the Internal Revenue Service announced that same-sex legally married couples would receive all federal tax rights and responsibilities as provided to heterosexual couples Click here for I.R.S. Release. The best news is that these rights…
U.S. Treasury recognizes Same Sex Marriage based on ‘Place of Celebration’
FINALLY – I.R.S. RECOGNIZES SAME-SEX MARRIAGES FOR TAX PURPOSES While there have been many positive developments for the LGBT community since the Supreme Court issued its opinion in Windsor on June 26, 2013, I think the most notable is the U.S. Treasury’s press release of August 29, 2013. There is no more uncertainty when it…
Don’t do as Celebrites Do – Make an Effective Estate Plan
We are hearing that many recently deceased celebrities, like James Gandolfini, didn’t take the time to make a clear and effective estate plan. The unfortunate results are: Expensive litigation Broken families Loss of privacy Here are some simple tips you can follow so that your estate plan does not become the topic of conversation in the…
LGBT Federal Employee Benefits Deadline – File Today for Your Benefits
Deadline: File Today for Your LGBT Federal Employee Benefits As a result of the United States Supreme Court’s opinion in Windsor, the Office of Personnel Management announced on July 3, 2013 that same-sex spouses and children of married LGBT federal employees and annuitants will now be eligible for federal benefits (if married prior to June 26,…
Protect Yourself From Receiving Bad Medicaid Advice From a Non-Attorney
The Unauthorized Practice Of Law: Don’t Become A Victim Of Medicaid Or Veteran Benefit Planning These days scams are rampant and those who take advantage of unsuspecting consumers are very sleek in their approach. You might receive a flyer in the mail or, see a car wrapped in an patriotic-looking advertisement that says ‘qualify for…
PA Judge Declares LGBT Surviving Spouse Entitled to Pension Death Benefit
Bob Dylan sang ‘the times they are a changing.’ Now is definitely one of those times. Since the United States Supreme Court issued its decision in Windsor (holding that the Defense of Marriage Act violates the equal protection clause of the Constitution and is unconstitutional) there has been change afoot to provide federal rights to…
Personal Care Agreements and Medicaid Planning
Personal Care Agreements: Don’t Try This Without An Elder Law Attorney You might have received a flyer or, seen a newspaper ad advertising Medicaid planning for a very low fee. It catches your eye. You maybe go so far as to meet with the person (a non-attorney) and they tell you “Yes. We can prepare…
United States Supreme Court Rules Doma Unconstitutional!
Hot Off The Press – Scotus Rules – It’s Official At 10:15 a.m. today the United States Supreme Court published its opinion in U.S. v. Windsor ruling that “DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.” It is a historic day in our nation’s…
