Adamsky Law Offices Blog

By Edward H. Adamsky             “The potentially catastrophic consequences of becoming disabled and needing long-term care is arguably the gravest financial risk that older adults face” says an Urban Institute report. But, will it happen to you? And, if so, have you saved enough money to pay for it? These are the worries we all face as we age. This is a worry even for younger folks because an accident or illness could trigger the need for care at any time.             The Urban Institute report shows that even though there are 6 million older Americans who need assistance with their activities of daily living, only about 500,000 folks are actually in nursing homes. Some use paid at-home care and many rely on unpaid family care. It seems that your chances of needing and paying for expenses care are relatively low. The stated average cost in the report is $138,000 for the ...

Below is the text of the news release by the IRS.  In summary those who live in Suffolk County (Boston) Massachusetts, and some others affected by the terror attack on the Boston Marathon have three extra months to file without penalty.  If paying late they may still owe interest, but no penalties.  Those affected can file as late as July 15, 2013.  WASHINGTON — The Internal Revenue Service today announced a three-month tax filing and payment extension to Boston area taxpayers and others affected by Monday’s explosions. This relief applies to all individual taxpayers who live in Suffolk County, Mass., including the city of Boston. It also includes victims, their families, first responders, others impacted by this tragedy who live outside Suffolk County and taxpayers whose tax preparers were adversely affected. “Our hearts go out to the people affected by this tragic event,” said IRS Acting Commissioner Steven T. Miller. “We want victims and others affected ...

Con-Artists often target the elderly as they are often compliant with requests from official sounding people and will more readily give out information.  Now elders are getting calls from scammers saying there is a new national health care ID card and asking them to verify information - including bank account numbers.  Make sure you do not respond to such a request.  Never give out personal information to a person who called you. There is more information on this scam at the FTC website.  (Link below). www.consumer.ftc.gov/blog/variations-scheme

I regularly read reports from Stratfor - an information service that comments on world affairs, terrorism and even personal safety.  This report is good reading to help anyone survive a bad situation. I thought it was worth repeating. When Things Go Bad By Scott Stewart Over the past several weeks, we [Stratfor] have discussed a number of different situations that can present a common problem to people caught up in them. First, we discussed how  domestic terrorism remains a persistent threat  in the United States, and that despite improvements in security measures since 2001,  soft targets still remain vulnerable to attack  by terrorist actors driven by a variety of motivations. Due to the devolution of the jihadist threat toward the grassroots, there is also a growing trend of jihadist actors using armed assaults instead of bombing attacks. We also discussed the  continuing problem of workplace violence , and finally, we discussed last week...

You can now view my new legal blog directly on my website at  Adamsky Law Offices .  But, I don't want to give up my Blog here at Blogger, so now I'm going to use it for things other than Elder Law and Estate Planning. I can now give you news and commentary that doesn't really belong on my law office website.  I hope you stay tuned for whatever I may have to say.  And, to give you a taste, here is a rant about pedestrian safety: Why do people insist on walking on the wrong side of the road?  Don't they teach pedestrian skills in school anymore.  I guess not, as it now seems that most, if not all, children, ride in a vehicle to school.  In case you don't know, the rule is that you are supposed to walk facing toward oncoming traffic, that is, you walk on the left side of the road.  Why is this?  Because, you can then see the oncoming traffic and take evasive action if necessary. If you walk on the right side of the road, you may hear cars com...

The IRS has announced that representatives (lawyers, and others like me) can only obtain one tax ID number per day from now on.  They are known as Employer Identification Numbers or EINs and they are used for trusts, estates, businesses, and other entities that need a number for tax purposes but are not a person with a Social Security Number.  The announcement did not say that individuals cannot get more than one per day, just representatives. In most cases, this won't be a problem for me.  I usually only get one at a time when an estate or trust is created and needs one. But, there have been occasions when we created two trusts or two LLCs in one day and wanted two numbers.  Now it will take another day to get them (unless I ask the client to do it for him or herself.) The stated reason was to make the system work fairer and more smoothly.  I guess a few people were gumming up the system with lots of EIN requests. I don't know who those people wer...

            You may not think that death and paperwork go together, but of course they do. The thought of death is difficult for most people to consider, but eventually it happens. And, in today’s complex modern society, paperwork and its details are always important. After death, one critical piece of paperwork is the record of death. The “vital information” regarding the person who has died is recorded with the city and state. The family members are given a certified copy of the official record and that is what we commonly call a Death Certificate . Accurate information is crucial. Errors can cause problems later on. Usually the Funeral Director will be completing part of the record and you may be asked to provide much of the information that goes in it. This may include: ·          The full name of the decedent (the person who died) his date of birth and perhaps even his social security n...

            Marge’s husband, George, would call for her and she would come running. But when she came into the room he would say, “Who are you? I want Marge!” She would say, “It is me, George,” and he would reply, “But you’re old, I want my wife, Marge. She’s young.” This was devastating for Marge. George couldn’t remember the recent times and what his wife now looked like as an older woman. All he could remember was his young bride. Later, after George’s death, Marge was able to laugh about how silly it was. George would wake up in bed next to his wife and call for “Marge” wondering why an old woman was in the bed with him. She had to either cry or laugh about it. We agreed that laughing was better.             George had some sort of Dementia. Probably it was Alzheimer’s Disease; a common form. But there are many types of Dementia and not everyone with memory or cognitive is...

Dennis G. Browning , 59, of Tyngsboro, MA, passed away on March 19, 2012 at the Haverhill Hospice House after a courageous battle with cancer. He was the beloved husband of the late Michele L. (Orme) Browning. Born in Waltham, MA, January 3, 1959, a son of Charles L. and Herta M. (Kreuzer) Browning of Tyngsboro. He received his early education in Greece, and was a graduate of Tyngsboro High School with the Class of 1972. For many years, Mr. Browning progressed in a distinguished career as a technical lead at Centronics of Hudson, NH, before working as a landscaper, and most recently, as the property manager at his place of residence. He was also an assistant at the Adamsky Law Offices where he provided various services including Witness to Will signings. He was highly respected for his incredible work ethic. Dennis was a longtime, active member of the Tyngsboro Sportsmen's Club where he spent most of his time ensuring the club, its members, and especially the trout pond, were a...

From the Medicare Rights Center:   Beneficiaries who are eligible for Medicare, but who have not yet enrolled in Medicare Part B, have until March 31 , or the end of the General Enrollment Period (GEP), to do so. The GEP runs from January 1 to March 31 of each year. Medicare Part B covers a range of services, including doctors’ visits, outpatient therapy, durable medical equipment and drugs covered under Part B. Beneficiaries who enroll during this year’s GEP will have coverage effective July 1, 2012. Most Medicare beneficiaries enroll in Part B during their Initial Enrollment Period (IEP), the seven-month period surrounding their 65th birthday. Some people have a Special Enrollment Period (SEP) to enroll in Medicare after their IEP has passed. Individuals who are eligible for an SEP include those who had group health coverage through a current employer (or a spouse’s current employer) at the time that they became eligible for Medicare. In these cases, people can typically enrol...

Ruth E. Adamsky November 09, 2011 Bridgewater, NH - Ruth Elizabeth Holloway Adamsky died Nov. 9th at the Dartmouth-Hitchcock Hospital from complications arising from cancer. She was 76. She was born in 1935 in Trenton NJ, the only child of Ruth Elizabeth Adams Holloway, and Colonel George Edward Holloway, Jr. Her early years were spent in NJ, and at Fort Benning, Georgia, where her father was stationed during World War II. After the war, the family moved to Pittsfield, NH. Ruth became an expert skier, and took part in downhill and cross country races. She graduated from Pittsfield High School in 1952 at the top of her class and enrolled in the University of New Hampshire at Durham. At UNH she met her future husband, Robert Adamsky, of Auburn, Mass. They were wed in 1953 and started married life in Seattle, WA. There she was a sophomore at the University of Washington while her husband pursued graduate studies. Their first child, Ruthann, was born i...

The New Hampshire Hampshire Family Voices has announced an upcoming program called " Perfection NOT Required a conference For Parents and Youth!".  It will be held on April 14, 2012 at the Margate in Laconia, New Hampshire. Raising a child with disabilities or chronic health needs can be stressful. Being a teen with special challenges can be tough as well . NH Family Voices teams up with life coach, Chris Trout and the YEAH Council to gain insights, learn new skills and take some of the pressure off! Chris Trout, founder of Strengths in Focus, will keynote and be a group facilitator to guide attendees with stories, research and humor to understand the life-changing power of perceptions.  This conference promises to be a day of learning and sharing with breakouts for parents and youth ages 14-25. Topics include: understanding behavior, independent living, App's for new learning, and of course, letting go of perfection. To see a description of breakouts and...

Most of the time you should not have to sell your home in order to qualify for Medicaid coverage of nursing home care. The state is allowed to file a claim against your house after you die, but they probably won’t force you to sell it right away. Often the house is the only asset left when a person enters a nursing home, so many ask if there is anything that can be done to protect it at that time.  If you try to give your house to your children (or someone else) at the time you need nursing home care, it will probably make you ineligible to get Medicaid. There are a few exceptions where you can transfer your home to someone without incurring a Medicaid penalty. You can transfer your home to your spouse, a child under age 21, a child who is blind or disabled, a trust for the benefit of a disabled person, a sibling who lives with you and has an equity interest in the home, or a “caretaker child” who has lived with you and provided care for you. The rules are quite particular, so you...

            A new study, reported in the Journal of the American Medical Association , shows that when medical personnel know what kind of end-of-life care a patient wants, then the patient is more likely to be spared overly aggressive care and may die at home rather than in a hospital. The patient’s quality of life is usually better and they are more likely to get Hospice care. As a side benefit, the Medicare program saves over $5,000 per person when the individual has an Advanced Directive . Treatment at end-of-life accounts for more than 25% of Medicare expenditures.             Advanced Directives include: Health Care Proxies , Living Wills , and Powers of Attorney for Health Care . These documents let families and health care providers know what type of care a patient may want, and may allow a family member to make medical decisions for a patient who is incapable of expre...

I usually enjoy David Kelley's crazy law-related television shows like Boston Legal and Harry's Law. They are great fun and often give some good portrayals of lawyers and legal issues. But, I'm always laughing at how a client comes in to the office in the morning and somehow they are in Court in the afternoon - sometimes with a jury there. It takes years to get into Court most of the time and at least several days to get a jury together and ready for a trial. But, I'll allow some literary license to TV to keep the story moving. But, I don't like it when they get the law completely wrong and especially when they have the lawyers participate in fraud. Last week's episode of Harry's Law got the Medicaid rules wrong, and put lawyers in a bad light. Let me explain. First, Kelley got Medicaid law all wrong. The couple in question only had a house and the husband needed nursing home care. The wife said she needed to get a divorce to save the house. This is wron...

After staying the same for two years, the community spouse resource allowance (CSRA) and the maximum monthly maintenance needs allowance (MMMNA) will increase for 2012, the Centers for Medicare and Medicaid Services just announced. The 2012 minimum CSRA is $22,728 and the maximum is $113,640. The new maximum monthly maintenance needs allowance is $2,841. The minimum monthly maintenance needs allowance remains $1,828.75 until July 1, 2012.

Good News! Medicare's monthly premium will be lower than expected next year. The basic premium for Medicare Part B will be $99.90 a month, only a $3.50 increase over the $96.40 a month that most beneficiaries have been paying since 2008. Here are the new Medicare figures for 2012: • Basic Part B premium: $99.90/month • Part B deductible: $140 (was $162) • Part A deductible: $1,156 (was $1,132) • Co-payment for hospital stay days 61-90: $289/day (was $283) • Co-payment for hospital stay days 91 and beyond: $578/day (was $566) • Skilled nursing facility co-payment, days 21-100: $144.50/day (was $141.50) Higher-income beneficiaries will pay higher Part B premiums. • Individuals with annual incomes between $85,000 and $107,000 and married couples with annual incomes between $170,000 and $214,000 will pay a monthly premium of $139.90 (was $161.50). • Individuals with annual incomes between $107,000 and $160,000 and married couples with annual incomes between $214,000 and $...

I discuss funeral planning with most of my clients, but not in great detail. I just suggest that they make their wishes known to their family so they can be followed. Dying can be a time for solemn ceremony or whimsical farce. Many notable celebrities and eccentrics have odd funeral wishes. They were collected in the linked BBC article, but here are a couple: Frank Sinatra had a Catholic funeral. But placed in his coffin were a bottle of whiskey, a Zippo lighter, and 10 dimes - to be used, it's reported, for any emergency phone calls. Beverly Hills socialite Sandra West, widow of an oil baron, demanded that she be buried in a lacy nightgown, while sitting in the front seat of her blue Ferrari. After a court fight, her wishes were followed. http://www.bbc.co.uk/news/magazine-15068696

The IRS announced that, for tax year 2012, personal exemptions and standard deductions will rise and tax brackets will widen due to inflation. The Service provided the following details: The value of each personal and dependent exemption, available to most taxpayers, is $3,800, up $100 from 2011. The new standard deduction is $11,900 for married couples filing a joint return, up $300, $5,950 for singles and married individuals filing separately, up $150, and $8,700 for heads of household, up $200. Nearly two out of three taxpayers take the standard deduction, rather than itemizing deductions, such as mortgage interest, charitable contributions and state and local taxes.  Tax-bracket thresholds increase for each filing status. For a married couple filing a joint return, for example, the taxable-income threshold separating the 15-percent bracket from the 25-percent bracket is $70,700, up from $69,000 in 2011. For an estate of any decedent dying during calendar year 201...

The Federal Government announced that Social Security recipients will get a 3.6% increase in benefits next year, the first increase since 2009. The increase applies to checks for 2012. Since 1975, benefits have been tied to inflation and almost always went up, but the recession of the last few years has left the inflation index lower or unchanged, so Social Security benefits were unchanged in 2010 and 2011, as well (they can't go down).  But, this doesn't mean what you get will actually go up, there will be increases in Medicare costs as well. Speaking of which, the open enrollment period for Medicare plans is going on right now (it started and ends earlier this year than in previous years) so it's time to review your plan and either stay with it, or pick a new one for next year.