Adamsky Law Offices Blog

A form is required for this year (2010) due to the law that phased out the estate-tax (which law "sunsets" on 12/31/10) to get a "step-up" in basis on a portion of the assets of an estate that might otherwise have been subject to the estate-tax. The need for this form was created in 2001 when the law was passed. But nobody (especially the IRS) expected the law to reach 2010 unchanged. Surprise! It did! So, did the IRS figure out how to deal with this in late 2009? No. Did the IRS figure out how to deal with this in early 2010? No. Have they figured it out yet for sure? No. How many days left in 2010? (15 as I write this). So, a lawyer friend of mine got his hands on an advance copy of the form (already a previous advance version had been released and withdrawn) and posted it on his blog. [see the link below] You can read his write-up on the law and go to the link to see the form. But, really, why bother, the IRS will probably change things again. You have until the ...

For those doing some family research, or trying to write an obituary, or those just trying to find a notice of someone they know has passed, there is a website for that. Check this out: Newspaper Obituaries, Genealogy, Obituary, Funeral Resources

The Social Security Administration has eliminated a loophole that had allowed Social Security recipients to start receiving benefits when they first became eligible but then gave them a chance to re-do their benefits at a higher level later on. Anyone can collect Social Security benefits starting at age 62, but if you elect to get early benefits, your monthly check will be much lower than if you wait until full retirement age. Many people elect early benefits, but then realize it was a mistake. Because of a rule allowing you to change your mind, many people were electing early benefits as a planning technique. A provision of Social Security law had allowed beneficiaries to apply for early benefits but at a later age they could withdraw their application, reapply and receive full retirement benefits. All they had to do was pay back all of the benefits they had received. Since there was no interest added to this, it gave those who could afford to do the pay-back a second look at their ...

The House and Senate have both passed a revised Homestead bill for Massachusetts and it is expected that the Governor will sign the bill and it should become law around April of 2011. The revised Homestead law seeks to eliminate several issues and questions regarding the older version. The newest addition to the law is an automatic homestead of $125,000 for everyone without the need to take any action. This matches the Homestead exemption under Federal Bankruptcy law and gives a minimum protection to everyone without the need to see a lawyer or fill out a form and file it at the Registry of Deeds. However, there still is the $500,000 exemption that you must claim by filling out a Declaration of Homestead and filing it with the Registry of Deeds. Everyone should really do this, so if you haven't done so already, get it done! You can use an attorney, or do it yourself. Forms are available on the Registry of Deeds website and in many other places. (see http://www.lowelldeeds.com/ ) So...

President Obama announced yesterday a compromise "framework" to resolve the year-end standoff over the extension of Bush era tax cuts, unemployment benefits and other issues. House and Senate members will meet today to discuss the plan and a timetable for action. The compromise is reported to include the following: * Reinstate and extend the estate tax at a 35 percent rate and an exemption level of $5 million for two years * Cut Social Security payroll taxes from 6.2 to 4.2 percent for one year * Extend the 2001 and 2003 Bush tax cuts for all income levels for two years * Extend emergency unemployment benefits for 13 months * Allow businesses to write off the full cost of capital investments for one year * Extend through 2011 the alternative minimum tax (AMT) patch (to prevent millions from having to pay the AMT) * Extend some of the Obama economic stimulus law proposals To see the President's remarks go to : http://www.whitehouse.gov/the-press-office/2010/12/06/statement...

Medicare issued new rules for hospitals that protect patients’ right to choose their own visitors during a hospital stay, including a visitor who is a same-sex domestic partner. “Basic human rights—such as your ability to choose your own support system in a time of need—must not be checked at the door of America’s hospitals,” said HHS Secretary Kathleen Sebelius. “Today’s rules help give ‘full and equal’ rights to all of us to choose whom we want by our bedside when we are sick, and override any objection by a hospital or staffer who may disagree with us for any non-clinical reason.” The new rules require hospital to respect the right of all patients to choose who may visit them when they are an inpatient. The rules require hospitals to have written policies and procedures detailing patients’ visitation rights, as well as the circumstances under which the hospitals may restrict patient access to visitors based on reasonable clinical needs. A key provision of the rules specifies that al...

All of the changes to Medicare mean that open-enrollment is more important than ever. Most people won't see a cost increase, but high-income folks will. Some people will need to make changes, but many will not have to. It is vital that you review your plan to determine if you do need to make any changes. Because of the new Health Care law, many benefits and plan changes will take place. Many insurers are eliminating or consolidating Medicare-related plans, so an estimated one million Medicare recipients will have to choose new coverage. For those with traditional Medicare, the biggest change is an expansion of benefits. Starting Jan. 1, 2011, Medicare will completely cover the cost of many preventive services, including mammograms, Pap tests and screenings for prostrate and colorectal cancer, as well as one annual 'wellness' examination. For more information see: http://www.kaiserhealthnews.org/Daily-Reports/2010/November/15/Medicare-open-enrollment-issues.aspx

The new and improved Homestead Law in Massachusetts is awaiting the Governor's signature after passage by the Legislature. Lowell Register of Deeds, Richard Howe, has provided a great summary of the law and a link to the entire text. Click on the link below to go to the Lowell Registry Blog Article. LowellDeeds: Big changes coming to Homestead Law

Here are some great tips on talking with your parents about money. (And your parents don't have to be "depression-era" in order to fear this talk - besides that would make you and me too old!). It's necessary to discuss many issues with your parents as they age. You'll have to have the same talk with your own kids someday. Families can make these sorts of things more easy on each other if they just openly communicate about these "tough-to-discuss" issues. Talking with Depression-Era Parents about Money - NYTimes.com

The Center for Medicare and Medicaid Services (CMS) has announced the 2011 rates for Medicare. The basic premium for Medicare Part B will be $115.40 a month, up from $110.50 in 2010 (a 4.4 % increase). But because there will be no cost of living benefit increase for Social Security recipients for 2011, most beneficiaries will be exempted from paying this increase and will instead pay the same $96.40 premium they have paid since 2008. A provision in the Medicare law prohibits Part B premiums from rising more than that year's cost of living increase in Social Security. Those already on Social Security and Medicare will not have an increase in their premiums. New enrollees, and those who don’t have part B withheld from their checks, will have to pay the new higher premium. Also, those high-income people who pay a premium surcharge are not exempt from the increase. Medicare beneficiaries will be subject to new deductibles and co-payments outlined below. Medicare Part B covers physician...

I am on the Board of Directors of Region 10 (a not-for-profit agency that serves individuals with developmental disabilities). We are looking for a new CEO to move the agency to a higher level. Here is our job posting. Chief Executive Officer (CEO) Region 10 Community Support Services, Inc Atkinson, NH The Board of Directors of Region 10 Community Support Services, Inc. of Atkinson, NH invites applications and nominations for the position of Chief Executive Officer (CEO) to lead the expansion efforts of this dynamic organization. Candidates must be creative, entrepreneurial, visionaries with demonstrated and measurable success. About Region 10: Established in 1979, Region 10 Community Support Services, Inc. is one of 10 Area Agencies designated by the State of NH to coordinate and facilitate supports and services for individuals with developmental disabilities and acquired brain disorders. The Agency supports the communities of Atkinson, Chester, Danville, Derry, Hampstead, Newton, ...

Lewy body dementia (LBD) is the second most common form of Dementia after Alzheimer’s Disease. It affects an estimated 1.3 million individuals and their families in the United States, but because LBD symptoms can closely resemble other more commonly known diseases like Alzheimer's and Parkinson's, it is often under-diagnosed and there is a good chance your primary care physician doesn’t even know about it. Despite the disease's prevalence, people with LBD have to see about three doctors before a correct diagnosis is made. In order to raise awareness The Lewy Body Dementia Association is leading the first national LBD awareness campaign, A Week To Remember, from October 10 to 16, 2010. Lewy body dementia is a degenerative brain disease that has been described by caregivers as Alzheimer's, Parkinson's and a psychiatric disorder all rolled into one. Early and accurate diagnosis of LBD is of critical importance because people with LBD respond more poorly to certain medi...

The demutualization of several major insurance companies has created headaches for many elders, their families, and most of all the executors of their estates. Most older life insurance companies were “Mutual Insurance” companies. That means that there were no stockholders of the company, as it was owned by everyone who owned a policy. The policy holders shared in the profits of the company in the form of dividends. But, this form of business hampered the ability of the insurance companies to grow and to obtain capital for growth and acquisitions. With changes in the laws that allowed insurance companies to offer other services (and banks to offer insurance), many companies realized that they needed more capital to compete and a surge of demutualization began. Prudential, MetLife, John Hancock, Sun Life, and many others demutualized. Other companies, such as Northwestern Mutual, Massachusetts Mutual, New York Life, and Pacific Life, decided to remain as Mutual Insurance Companies. Ther...

The New Hampshire Chapter of the National Academy of Elder Law Attorneys (NAELA) is meeting today. It's kind of a sad day for me as this will be my last function as President of the Chapter. Today we vote on a new board for the upcoming year (we run on a "school year" calendar.) I have really enjoyed being President of the Chapter, but the time went swiftly and I couldn't accomplish as much as I had hoped I would. I am looking forward to the future though, and plan to work on some committees where I can help accomplish the goals I didn't meet as President. For those lawyers who practice Elder Law and are not part of NAELA, I highly suggest that you join. But, more than that, you have to participate. You must join committees and task forces and put some effort into helping the organization. That way your goals and the goals of the organization can combine and both be met by your own efforts. You will meet some great people, get to know them well, and pro...

I read this on the NonBillable Hour blog, and that blogger got it from a blog called UnClutterer: "Everyone gets organized at some point, they just might not be around for it." This really rings true for me with my business. I often advise clients to get organized in their personal, financial and "stuff" areas, as a favor to their heirs (children). Cleaning up the mess after someone dies is really difficult, physically and emotionally. On the other hand, I've heard people say, "my children will have to clean up that mess, not me." So, I guess it's up to you, just how you want it to happen. http://unclutterer.com http://thenonbillablehour.typepad.com/nonbillable_hour

This isn't a legal post, just a personal annoyance with the Media. Every time there is some sort of government or political scandal these days, the news people take some name or fact from the scandal and add "gate" to the end of the name. This is, of course, a play on the Watergate scandal involving President Richard Nixon, that was named after the Watergate Hotel at which the burglary took place that set off the scandal. That happened almost 40 years ago. But, the news media cannot be bothered to think up new and clever names for scandals; all they can do is append "gate" to something. This gets boring and annoying. I would like to see the news media work a little harder and be more creative. The latest I read was about Senator Kerry and his boat in Rhode Island. Someone called it "Yachtgate." I guess the "gate" trick is a shorthand for a scandal and the prefix gives you a little idea of what it's about. But I still say it's unimagin...

On Wednesday, July 7, President Obama appointed Dr. Donald M. Berwick as administrator of the Centers for Medicare & Medicaid Services (CMS). Dr. Berwick has served as a pediatrician at Harvard Community Health Plan, and has taught health policy as a professor at Harvard Medical School and the Harvard School of Public Health. As president and co-founder of the Institute for Healthcare Improvements (IHI), Dr. Berwick worked to reduce hospital-acquired infections and deaths, and produced standards to improve health care quality. Dr. Berwick’s term will last only through 2011 due to his appointment during Congressional recess, which bypassed the Senate confirmation process. The post had been vacant since October 2006. CMS, which oversees the Medicare and Medicaid programs, plays a key role in health reform implementation.

It's great when more service providers are willing to offer help to seniors and their families. But, you should see an Elder Law Attorney when you have legal questions and issues about aging. A banker cannot legally prepare a Power of Attorney, Will, or Trust for you, as they are not licensed to practice law. The bank may have a legal department, but unless you see the attorney personally, it's hard to know if you are getting the right representation. See your own lawyer! Family Value: When Bankers Tackle Elder Care - WSJ.com#printMode

For years, "families" have struggled with visitation "rights" in a hospital. Facilities have differing rules on visitors. The general rule is that a person has a right to see whoever they want and the hospital cannot deny it, but this is hard to enforce when the person is not capable. Most hospitals default to traditional family relationships, so "boyfriends," "girlfriends," and other social (but not "blood" or "marriage") relations are sometimes denied access to a patient. A new rule is being designed to fix this problem. See the DHHS website for more information. Medicare Proposes New Rules to Ensure Equal Visitation Rights for All Hospital Patients

See the linked article about new care planning that seeks to reduce unnecessary, expensive and painful care and increases thoughtful goal-oriented end-of-life care. New Approach Reduces Unwanted Medical Treatments at End of Life - ElderLawAnswers Articles

Reverse Mortgages getting more competitive IF you are a savvy shopper : New Jersey Estate Planning & Elder Law Blog

Here is an article on Reverse Mortgages. It really only points out the issues and advises consulting an Elder Law Attorney. Complex questions on reverse mortgages Realty Q&A - MarketWatch This is good advice. Reverse mortgages have their place and can be a great tool when necessary. Alternatively, they are often pushed on people who don't really need or want them, sometimes along with bad investment advice (by disreputable brokers and advisors - good advisors would not do that). You need to understand your situation and your goals and get good advice to know if a reverse mortgage is right for you. There are ways to plan for Medicaid, but they must also be done in consultation with an Elder Law Attorney who can advise you on the rules and issues facing you.

Lawyers need to beware of a new family-law twist on the ubiquitous email-check fraud scam. Reports indicate that numerous lawyers have been targeted by emailers who,assuming a false identity, say they need a lawyer to help them collect payments owed under a divorce agreement. Typically the emailer claims to be an ex-wife owed money by the ex-husband under the agreement. When the lawyer takes the bait and agrees to the engagement, the “ex-husband” – actually the same scammer – sends the lawyer a “cashier’s check” for deposit into the lawyer’s account, with instructions to wire the collected funds to the ex-wife’s account. By the time the lawyer discovers the cashier’s check was counterfeit, it’s too late -- the unknown scam-artist is long gone with the wired funds from the lawyer’s account. These types of fraud activities are particularly busy before a major holiday. There are many of these types of frauds that target lawyers, business people, and individuals. You should always be wa...

On June 15, 2010, more than 20 NAELA members from 11 states travelled to Capitol Hill in Washington, D.C. to meet with U.S. Representatives and Senators offices to discuss issues of importance to older adults. Together, participants visited 36 offices in order to highlight the importance of issues such as appropriations for the Elder Justice Act, the need for an extension of an increased federal match for Medicaid, and patient self-determination (advance care planning. This was the old-fashioned kind of lobbying in which concerned citizens (or in this case the lawyers who work for elder citizens) directly spoke with their representatives about their issues of concern. Everyone could participate in this kind of lobbying just by calling or writing their member of Congress. If you have issues you would like to advocate, and don't want to do so yourself, consider contact a NAELA member and asking them to bring the subject up at the nest "Hill Day."

Who will make your life-or-death decision? - CNN.com This CNN article tries to explain the difference between a living Will and a Health Care Proxy (or Power of Attorney for Health Care.) The most telling point is that estimates are that only about 30% of American's have any sort of advanced directive or proxy. This is one of the most vital planning tools you can have. You must have one in place, and you must update it if your circumstances change. The article is about Gary Coleman and his ex-wife was named as his agent. She decided to withhold treatment ("pull the plug") when he had only been in a coma for one day. She had that authority and the doctors followed her orders. You need to understand what your documents say and what (if anything) state law says about divorcing. Some state laws negate any references to an ex-spouse, while some do not. See your Estate Planning/Elder Law Attorney right away if you do not have a Health Care Proxy.

I often recommend pre-paid funerals for many of my clients. Pre-planning and paying can save money, it can save the family the stress of decisions at a hard time, and it can save a family member from having to pay for a funeral. However, there are some problems and issues with pre-paid funerals, and consumers need to understand the issues and the risks. The Wall Street Journal recently ran a scathing article on the industry. When Prepaid Funeral Plans Are Wealth Killers It appears there are dishonest sellers of certain plans that cost too much and don't make sense. But, just because there are bad people in the industry doesn't mean it's a bad idea all together. The key to planning ahead is knowing what you want, understanding what you are offered, and dealing with a reputable and known merchant. I don't know anything about the national companies mentioned in the WSJ article, but I do know that our local funeral directors are good members of the business community...

Attorney Adamsky recently attended the National Academy of Elder Law Attorneys annual meeting and conference in Walt Disney World, Florida. At the conference he attended seminars on Elder Law, Special Needs Law and Disability Planning. Lectures were given by prominent attorneys such as Professor Jeff Pennell of Emory University, who spoke on trust provisions for tax purposes. Attorney Adamsky also attended sessions on: Special Needs Trusts and planning for care needs beyond Trusts; Blended Families and Medicaid Planning; Understanding and Reducing Fraud against Elders; and, Medical Decision-Making for those with Disabilities including ethical issues for the incapacitated. Attorney Adamsky also attended a training session for local chapter leaders as he is President of the New Hampshire Chapter of NAELA. New Officers and Directors were elected at the Annual Meeting and awards were presented to a variety of Elder Law Attorneys and other distinguished recipients, including John Laboe of C...

For many people, age 65 doesn't mean they retire. Those of a certain age cannot even apply for Social Security at age 65. But, you still need to apply for Medicare at 65. So, the SSA has a new online application procedure. Read the Elder Law Answers article linked to below for more details. Social Security Adds New Online Medicare Application - ElderLawAnswers Articles Or go to the Social Security Website at: www.socialsecurity.gov/medicareonly/

By the rude bridge that arched the flood, Their flag to April's breeze unfurled, Here once the embattled farmers stood And fired the shot heard round the world. The foe long since in silence slept; Alike the conqueror silent sleeps; And Time the ruined bridge has swept Down the dark stream which seaward creeps. On this green bank, by this soft stream, We set today a votive stone; That memory may their deed redeem, When, like our sires, our sons are gone. Spirit, that made those heroes dare To die, and leave their children free, Bid Time and Nature gently spare The shaft we raise to them and thee. Ralph Waldo Emerson April 19th is Patriots' Day in Massachusetts (I note that some calendars say 9/11 is now Patriots' Day, but that's something altogether different). The April Patriots' Day holiday celebrates the Battles of Lexington and Concord that were the unofficial start of the American Revolution (the "Shot Heard Round the World." and the "Midnight Ri...

Once the house was lovely, but it's lonely here to-day, For time has come an' stained its walls an' called the young away; An' all that's left for mother an' for me till life is through Is to sit an' tell each other what the children used to do. We couldn't keep 'em always an' we knew it from the start; We knew when they were babies that some day we'd have to part. But the years go by so swiftly, an' the littlest one has flown, An' there's only me an' mother now left here to live alone. Oh, there's just one consolation, as we're sittin' here at night, They've grown to men an' women, an' we brought 'em up all right; We've watched 'em as we've loved 'em an' they're splendid, every one, An' we feel the Lord won't blame us for the way our work was done. They're clean, an' kind an' honest, an' the world respects 'em, too; That's the dream of parents...

Boston Area Detectives are reporting several crimes against the elderly, and remind all residents to use care in allowing unsolicited workers in their homes. They recommend calling the local police to verify the identity of anyone seeking access to their homes. In one incident, 3 white males entered a home stating they were from the Water Department and had to check the basement for possible flooding. Once in the home the suspects separated, and $800 in cash was taken from a bedroom drawer. In another incident, a white male entered a home wearing an ID tag that read: “Water Disaster Department”. The elderly couple were led to the basement and told to run their washing machine. While in the basement, a second suspect had time to remove cash from two dresser drawers and also pried open a medium size closet safe. For the most part, government employees are not checking basements for flooding. If they are official workers, they will have uniforms and Identification, as well as a properly l...

Not from successful love alone, Nor wealth, nor honor'd middle age, nor victories of politics or war; But as life wanes, and all the turbulent passions calm, As gorgeous, vapory, silent hues cover the evening sky, As softness, fullness, rest, suffuse the frame, like fresher, balmier air, As the days take on a mellower light, and the apple at last hangs really finish'd and indolent-ripe on the tree, Then for the teeming quietest, happiest days of all! The brooding and blissful halcyon days! [Whitman realized that aging leads to the best time of life. My grandmother said that her 50's was the best time of her life. She was old enough to be done with the folly of youth, but young enough to enjoy her wisdom and the time she had left. She never mentioned if her 60's 70's and 80's were better than her 50's. I hope they were, and I hope they will be for me. Ed.]

A grandson calls and says he's in trouble — what do you do? The caller identifies himself as your grandson, who is in jail in Canada and needs money for bail. Of course you will wire him the funds he needs, right? That's what the crooks are counting on. Don't do it! It's a Trick! Variations on the theme include car or other legal troubles in Canada, saying that authorities won't let them leave the country without the money. The caller asks that money be sent to a friend, through Western Union. While there is little police can do to help those who have lost money to such crooks, police warn others to be wary of such scams. Investigators say such scams have been used increasingly to target elderly people, by researching their would-be victims' personal information before making contact. A Web site, phonebusters.com, which was set up by a Canadian law enforcement task force, contains a long list of such scams. The Canadian scam task force can also be reached by...

From www.elderlawanswers.com Many Web sites offer customized, do-it-yourself wills and other estate planning documents. These computer-based services appear to offer a cost-effective and convenient alternative to visiting an estate planning or elder law attorney. But is online estate planning worth the convenience and initial savings? How do the documents created compare to those that a qualified attorney would produce? To answer these questions, ElderLawAnswers asked two experienced estate planning and elder law attorneys to evaluate three leading online will preparation and estate planning programs: Nolo's Online Will, BuildaWill and LegalZoom. Their findings and ElderLawAnswers' conclusions are presented in a five-page White Paper that is available for free on ElderLawAnswers Web site. For the link to the White Paper follow the link below: http://www.elderlawanswers.com/Resources/Article.asp?ID=8129

Several plaintiffs in Missouri are seeking class-action status in an effort to sue Legal Zoom. They claim that the services they received were legal in nature and should have been performed by an attorney licensed to practice law in the jurisdiction. Since they were not, they want a return of their fees and costs (and the triple damages allowed by the consumer protection law of the State). The lawsuit cites a North Carolina matter that held LegalZoom had engaged in the unauthorized practice of law. It is not clear what the full motivation is behind this lawsuit. Many attorneys resent online services that offer document preparation for very low prices. The lawsuit may be a way for attorneys to get back at Legal Zoom for "stealing" their business. However, it is rarely a good idea to attack a low-cost provider in an effort to boost your own business. Local stores are generally advised not to try to beat WalMart on prices - they cannot win that fight. Instead, small businesses c...

The Alzheimer's Association of Massachusetts and New Hampshire regularly holds educational programs. On Tuesday, February 23, 2010, at 5:30PM, they will hold a program entitled: "Knowing the Difference: Senior Moments vs. Warning Signs for Alzheimer's Disease." Topics will include dementia symptoms, the different forms of dementia, the diagnostic process, current treatment options and the benefits of accessing support and education. You must call 603-606-6590 to pre-register for the program. The program will be held at 30 Colby Court, in Bedford, NH. For more information go to www.alz.org/MANH .

Most of the time, high income individuals are not allowed to convert a traditional IRA to a Roth IRA, but an exception applies to most everyone in 2010. Roth IRAs grow tax free and withdrawals are tax free when taken under the rules. You don't get a deduction when you put money in a Roth IRA like you do with a traditional one, but you pay that tax later with a traditional IRA. Another added twist is that the tax you would pay on conversion from traditional to Roth can now be spread out over the next two tax years (2011 and 2012). You will have to pay the tax on conversion (now or over the next two years), so you have to figure out whether it is right for you. Many banks and funds will be touting conversion as they will get new customers, new investments and new fees for those services. Financial articles on the pros and cons of Roth IRA conversions are all over the place. The best advice is to think carefully, review all the consequences and only convert if it is right for you...

An elderly woman spent several days in jail for a suspended license (which wasn't correct it had been reinstated) and even though she could have been released without bail. The justice system simply didn't see her. This is an example of the disdain with which the elderly are often treated in our society. We should all try to perceive everyone as an individual and not as an "old person" or a "disabled person" or whatever; everyone is a human being who deserves respect and attention to their needs. From an article in the ABA Journal, see: http://www.abajournal.com/weekly/article/invisible_woman_78_jailed_2_weeks_spotlights_flaws_in_so-called_system_of_j