What Jim Morrison Can Teach Us About Estate Planning

June 18th, 2012

Perhaps surprisingly, looking at the life and death of a 1960s rock star can teach us a few things about estate planning.  Actually, it’s a lesson in what not to do.

When Jim Morrison died in 1971, he left a simple will bequeathing his entire estate to his girlfriend, Pamela Courson, provided she survived him by more than three months.  If she did not, then his estate would pass to his brother and sister.  Courson was Morrison’s primary beneficiary and his siblings his secondary beneficiaries.  Courson did survive Morrison by more than three months, but she died in 1974, and her estate then passed to her own parents.  Morrison’s parents unsuccessfully challenged the will, and Morrison’s brother and sister were left with nothing.  This may have been Morrison’s intention, but probably not.

At the heart of this problem is the question of what happens to a bequest when the beneficiary dies, and that depends on whether one has left a simple will, or engaged in more careful estate planning to create a trust or trusts.

In the case of a simple will, when the person who made the will, the “testator,” dies, the estate passes to the primary beneficiary, provided the primary beneficiary has survived the testator by the specified amount of time, and met any conditions specified in the will.  Once the primary beneficiary or beneficiaries receive the money, it is theirs to do with as they please.  They need not take the original testator’s wishes into account in drafting their own wills, or they may fail to draft a will at all.  Generally speaking, a secondary or contingent beneficiary will not receive anything from a simple will unless the primary beneficiary is ineligible to inherit.

Creating a trust provides a way to control the distribution of one’s estate much more carefully.  For instance, rather than transferring a significant sum directly to certain beneficiaries, the principal can be held in trust for the benefit of those persons until their death, at which time the principal can be diverted to other uses, such as the benefit of another beneficiary.  Many more potential future events can be taken into account by a well-designed trust, such as the marriage or parenthood of the beneficiaries.  Careful estate planning entails confronting these potential future situations, to be sure that your estate is put to the good use you intend.  Contact an attorney to learn more.

To learn more about our estate planning services, visit www.littmankrooks.com.

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Facebook Launches New Tool to Aid Veterans and Service Members in Distress

May 23rd, 2012

A new program launched by social media giant Facebook aims to assist veterans and active members of the armed forces by directing them to helpful resources when their content is flagged as suicidal or harmful.

The initiative expands on a program that Facebook started in December, which allows concerned friends to identify potentially suicidal material by clicking a link next to it.  The user in distress then receives an email from Facebook with information about suicide prevention and resources.

Blue Star Families, an organization for military support, joined with the Department of Veterans Affairs to help Facebook launch the program for service members.  Blue Star Families said in a statement that while military families could already take advantage of Facebook’s existing program, “there are several specific resources provided to our nation’s military that we wanted to make sure they were aware of at their time of need.”

Engineers at Facebook determined a way to identify past and present members of the armed forces.  If these users post comments that are flagged as suicidal, they will receive information about resources such as The Veterans Crisis Line.

Suicide among American military family members is a grave and growing concern.  Blue Star Families conducted a survey of 2,891 members of military families and found that 10% had contemplated suicide, while 9% knew a service member who had considered suicide.

Many participants in the survey said that there is still a stigma within the military about mental health counseling.  Rather than recommend such programs, military leaders will often tell distressed service members to “soldier on” or “suck it up.”

Facebook may be an effective way to refer service members or veterans in crisis to the resources they need, as 86% of military families who use Facebook say they use it every day.

For assistance with questions regarding veterans’ disability benefits visit our website at http://www.littmankrooks.com/.

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New Federal Department to Help Seniors and Disabled

May 21st, 2012

On April 16, the federal government announced the formation of the Administration for Community Living (ACL), a new agency dedicated to helping seniors and persons with disabilities gain access to supports in their communities.

“All Americans – including people with disabilities and seniors – should be able to live at home with the supports they need, participating in communities that value their contributions – rather than in nursing homes or other institutions,” said Kathleen Sebelius, Secretary of Health and Human Services, in announcing the change.

The Administration for Community Living will focus on the special needs of specific groups of people, such as seniors who have dementia and children who have developmental disabilities.  The agency’s goal is to provide access to the supports needed for seniors and the disabled to live with dignity as full participants in their communities.  This includes not only ensuring access to health care services, but also helping with access to employment, education, and housing.  Beyond those basic needs, the agency will also assist the people it serves in making and maintaining the community relationships and social connections necessary for full participation in community life.

The change consolidates the Administration on Aging, the Administration on Developmental Disabilities and the Office on Disability into one entity, which Sebelius said would be stronger and more focused.  Sebelius said “the ACL will pursue improved opportunities for older Americans and people with disabilities to enjoy the fullest inclusion in the life of our nation.”

To learn more about the new agency, visit http://hhs.gov/acl.

For assistance with questions regarding your child’s special needs visit our website at http://www.specialneedsnewyork.com/. To learn more about New York elder law or New York estate planning, visit http://www.elderlawnewyork.com.

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Signs That A Loved One Should Consider Assisted Living by J.D. Davis

May 8th, 2012

Our latest guest blogger is J.D. Davis, a co-founder of Golden Years Living Solutions, which provides a free service to families searching for senior residences.  He can be reached at (914) 437-8675 or visit the company’s website for additional information.  www.goldenyearslivingsolutions.com


People with aging parents may find it difficult to have a discussion about the prospect of transitioning them into a senior residence, particularly an assisted living community.  Many adult children should expect to face some resistance from their parents who may feel they are not ready to give up their independence and/or move from their home.  However, there are potential warning signs that one should consider while evaluating the particular circumstances.  The following are some examples when having a discussion on the topic might be necessary:

  • The refrigerator is empty or filled with spoiled food, which may be a sign that food shopping and preparation are more difficult.
  • The parent has frequent bruises, which may be a sign of falling or mobility and balance problems.
  • The parent poses a safety risk by living alone (i.e., forgetting to turn off burners on the stove).
  • The parent wears the same clothing over and over again or neglects personal hygiene, which can be a sign that doing laundry and bathing are becoming more challenging.
  • The house isn’t as clean and tidy and is in disrepair, which may show that maintenance may becoming too much of a burden.
  • The parent forgets things (including doctor’s appointments and when to take medication) or dresses inappropriately for the weather, which may be due to memory loss or dementia.
  • The parent seems to be depressed or anxious, which may result from isolation and staying home alone, particularly if a spouse recently died.

Assisted living communities offer many great benefits to the residents and provides peace of mind to their loved ones.  Some of these benefits may include the following:

  • Dining plans with many choices of food to ensure that each resident is eating a well-balanced healthy meal.
  • Daily social and recreational activities to encourage an active social life.
  • Laundry and linen services.
  • Assistance with eating, bathing, dressing and medication management, ensuring greater health and personal hygiene.
  • On-site trained staff for medical emergencies.
  • Group transportation for shopping and community events, and personal transportation for doctor’s appointments.
  • On-site medical offices, physical therapists and other medical professionals.

While having a discussion with a parent about moving from the home may not be easy, promoting the benefits of assisted living can make the conversation much easier.  Planning ahead and getting them comfortable with the prospect of moving into such a residence is strongly encouraged.

Costs May Be More Affordable

Many families believe the costs of living in an assisted living community are too expensive, thereby making it not a viable option from a financial standpoint.  However, some residents are eligible for discounts at certain communities based on their former careers.  For instance, retirees who served as firefighters may save hundreds of dollars per month from the rent at certain communities.  In addition, certain residents may be eligible for a government benefit as much as $2,000 per month, which makes the costs significantly more affordable.

An appropriate diagnosis can help an aging individual and their loved ones plan for the future. Being proactive in the early stages can allow a person a chance to make long-term decisions about their care, living arrangements, finances, and legal concerns. This allows a person more opportunity to benefit from advanced medical care and support services so that the aging process and effects of the disease are managed better. To learn more about New York elder law or New York estate planning, visit http://www.elderlawnewyork.com

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What Do LGBT Couples Need to Know About Power of Attorney?

April 12th, 2012

LGBT couples need to be aware of the legal documents that can protect them in the event of a medical emergency.  Unlike heterosexual married couples, whose rights to visitation and to make medical decisions are unquestioned, LGBT couples – and unmarried heterosexual couples – are not afforded the same rights.  This is why it is essential for couples to understand the importance of power of attorney and living wills.

Many LGBT couples want the right to visit their loved one in the hospital, and want their loved one to have the right to make critical healthcare decisions.  The solution is a living will with healthcare power of attorney.

A living will is a document stating an individual’s wishes in the event of a medical emergency resulting in incapacitation.  A living will explains what procedures one does and does not want in an end-of-life medical situation.  It can contain directions concerning artificial resuscitation, pain medicine and life support procedures.

A healthcare power of attorney document is a way for an individual to appoint another to make those medical decisions.  It has the effect of giving LGBT couples the decision-making rights that are already afforded to heterosexual married couples.

Even gay and lesbian couples who are married in their state need to consider a living will with healthcare power of attorney.  Though a couple may live in a state that recognizes gay marriage, these documents may be of crucial importance when traveling out of state.

What documents are important for LGBT couples:

  • A living will states a person’s wishes in the event of a life-threatening medical emergency
  • A healthcare power of attorney assigns healthcare decision-making power to a particular person

For assistance with questions regarding our legal services, visit our website at http://www.littmankrooks.com/

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Guest Blog – The Latest Edition of the Older American Act – The Benefits

March 2nd, 2012

Our guest blog this week has been written by Amanda McCarthy

A Brief History of the Older Americans Act

The Older Americans Act (OAA) was first passed in 1965 in response to complaints that there were not enough social services available to older Americans. Because of the lack of social services offered to older Americans, there was a general feeling among this age group that Americans past a certain age were not treated with dignity.

Today, amendments to the OAA also help establish nutrition programs for older Americans. The most well-known nutrition program established through the OAA is Meals on Wheels. Grant programs formed in response to the OAA allow older Americans to receive proper physical and mental health care and provide employment training for older Americans needing more income. Senior centers have also been built under the guidance of the Older Americans Act.

Recent Efforts to Improve the Older Americans Act

Senator Bernie Sanders, I-V.T., introduced a new bill in January that is aimed at reauthorizing the OAA and clearly establishing initiatives that would be enacted through the reauthorization of the OAA.

Many organizations in the United States have expressed their intent to back Senator Sanders’ bill through letters of support. Listed below are some of the organizations that are supporting the bill with a brief summary of their offer of support.

• National Committee to Preserve Social Security & Medicare

This organization was expected to support the bill, as Senator Sanders is a chairman on the board. The organization notes that an increasingly aging population would not be supported through the current funding available for the OAA.

• American Bar Association (ABA)

The ABA has offered their support, especially after discovering the inclusion in the bill of a provision establishing low-cost, high-quality legal services for older Americans.

• National Council on Aging (NCOA)

The NCOA applauds Senator Sanders’ effort to continue to keep older Americans independent and active in their communities, and notes that a lack of funding has been the main hurdle in realizing the OAA’s full potential in the past. The bill specifically outlines provisions for additional funding.

Benefits of the Older Americans Act

As the OAA requires significant funding, many Americans may wonder what the benefits to reauthorizing the act may be. There are several benefits that should be noted.

• The bill calls for a change in inflation calculation as it applies to the elderly, especially in regards to medication and healthcare. Currently, healthcare assistance is often not adequate for older Americans because of the way costs are calculated.

• More assistance will be provided for older Americans looking for work. This would help reduce costs to the public, as older Americans with jobs would require less assistance from public programs.

• Provisions in the bill would help the elderly receive nutrition and healthcare while living at home rather than in a senior facility or hospital. Even though this will be accomplished through increased funding to programs like Meals on Wheels, proponents of the bill believe that this will significantly lower the cost of healthcare for elderly Americans.

• Older Americans living in long-term care will receive representation to protect their rights and assure that they are given proper healthcare while being treated with dignity and respect.

Amanda McCarthy’s passion for senior care, political issues and reading has allowed her to pursue a career in writing. Amanda is currently working as a part-time writer for a Senior Retirement Care site.

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Writing Workshops Offered To U.S. Veterans

February 29th, 2012

The Veterans Writing Workshop gives veterans the tools and confidence they need to bring their stories to life. Veterans meet once a week for peer support and feedback on their writing. These workshops are free of charge to all U.S. Veterans. The workshops will conclude with the publication of a print anthology of veterans’ writing and public readings.

The first workshop series starts February 23 from 6-8PM and concludes on May 3 at Fordham University’s Lincoln Center Campus,  Room 703, 113 West 60th Street, NY, NY.  The second workshop series begins February 27 from 6-8PM at Fordham University’s Westchester Campus, Room 120, 400 Westchester Avenue, West Harrison, NY.

For more information or to register, please click here or email info@veteranswritingworkshop.org.

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How Could The New Alzheimer’s Criteria Affect My Care And Access To Services

February 28th, 2012

Proposed new criteria to diagnose Alzheimer’s disease could affect how many people have the condition and their access to services and government benefits. Individuals with mild and very mild Alzheimer’s disease could be categorized as having mild cognitive impairment (MCI), which doctors say is the stage between loss of mental function and dementia.

The National Institute on Aging and the Alzheimer’s Association proposed the new criteria. If an individual can still do everyday activities, independently function, but has mild activity problems, they would have MCI. Currently, more than five million people in the U.S. have Alzheimer’s or related dementias. By 2050, these numbers are expected to double. But if the classification changes, millions of Americans could lose out on critical care in the early stages of Alzheimer’s disease.

Earlier this week, the Obama Administration announced plans to spend $50 million on Alzheimer’s research and develop a National Alzheimer’s Plan under the direction of the U.S. Department of Health and Human Services. The funds will promote more Alzheimer’s research, treatment, and caregiver support. Alzheimer’s disease costs $180 billion annually for medical and nursing home care.

Opponents of the proposed diagnosis say that more than 90 percent of people would have their diagnosis downgraded. Some medical experts say that more effort should be done to help patients who have MCI to prevent the onset of Alzheimer’s disease. They hope that the proposed criteria will be modified and discussed more to help the aging population.

Checklist to ensure you are proactive as you receive a diagnosis of cognitive impairment:

  • See a doctor early on to get answers and treatment options
  • Meet with an elder law attorney to review what health services and government benefits you are eligible for
  • Create documents for advance health care directives, power of attorney, and living will
  • Work with an elder law attorney to create an asset protection plan, estate plan, and appropriate trusts
  • Stay aware of changes that could occur due to the National Alzheimer’s Plan
  • Stay updated with Alzheimer’s Association proposal for condition re-categorization

An appropriate diagnosis can help an aging individual and their loved ones plan for the future. Being proactive in the early stages can allow a person a chance to make long-term decisions about their care, living arrangements, finances, and legal concerns. This allows a person more opportunity to benefit from advanced medical care and support services so that the aging process and effects of the disease are managed better. To learn more about New York elder law or New York estate planning, visit http://www.elderlawnewyork.com

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Medicaid Offers Home Attendant Services For Eligible Individuals

February 1st, 2012

New Yorkers who have Medicaid and need home attendant services can have this type of care covered. Approval is granted when financial and medical criteria are met, and an individual submits an M11q form that his or her doctor has thoroughly completed. These services can offer substantial savings for an individual and their family, and helps to provide for daily care.

Personal care services, which are also called home attendant services, can greatly assist individuals affected by physical or mental impairments. Individuals who have excess resources or income can get the skilled advice of a New York Medicaid planning lawyer to access benefits and preserve assets. Once home care is authorized, an attendant can assist from 12 hours a week to around-the-clock care.

It is also important for people who have been denied benefits to have their case reviewed. An experienced Medicaid planning attorney can uphold an individual’s rights and ensure that the medical and financial information is complete when a hearing is needed to seek benefits the second time around. Hearings can also be expedited in certain circumstances.

Littman Krooks LLP counsels individuals and families on how to access Medicaid benefits and plan for comprehensive care and estate matters. Our New York City, White Plains and Fishkill Medicaid planning attorneys are well versed in state regulations, benefits, and asset protection. To learn more, visit http://www.littmankrooks.com/elder-law-medicaid-planning/.

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Proper Planning Needed to Protect Assets From Rising Elder Care Costs

January 11th, 2012

Planning for assisted living costs should be at the top of senior citizen’s minds. Nursing home, assisted living, and adult day care costs are rising. The MetLife Mature Market Institute’s annual survey showed that the cost of these types of long-term care have increased by 5.6 percent since the previous year. A private room in a nursing home averaged $87,000 a year and adult day programs cost $42,000 a year.

Assisted living costs tend to go up as seniors need extra care. Facilities can charge hundreds more a month for bathing, incontinence care, and managing medications. If proper planning is not done ahead of time, savings can be depleted quickly. MetLife’s survey noted that many seniors have little financial reserves to plan for adequate care and only seven million people 65 and older have a policy for long-term care insurance.

Seniors and their families should discuss what kind of care they want and need as they age. These discussions should include an experienced elder law attorney so that government benefits and tailored plans can be carried out successfully. The planning can be complex, so trusting in a knowledgeable attorney to help protect savings, establish proper trusts, and carry out your health care wishes is critical.

New York law firm Littman Krooks LLP assists seniors and their families to plan for long-term care needs, estate planning and asset protection, and preservation of Medicaid and government benefits. Our New York City, White Plains or Fishkill elder law attorneys are a trusted resource for many New York families. To learn more, visit http://www.littmankrooks.com/elder-law/.

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