Asset Protection

Changes to National Labor Laws May Change Home Health Care for Those Who Need it the Most

Published on: April 9, 2018 | by Ettinger Law Firm

If you have a beloved elder who currently needs or will eventually need long term, in-home health care, you need to know about new changes to federal labor laws that may not only raise the cost of these services but potentially alter quality aspects. In addition to federal labor and wage laws, state and even local laws may impact what you pay for in home health care and who provides it.

When a person suffers from dementia, alzheimer’s, or or another cognitive health condition, he or she will likely need the aid of a home health care aide to provide even the most basic of care needs. For many years, home health care providers who also lived in the patient’s home were subject to different portions of the federal Fair Labor Standards Act (FLSA) which made them exempt from overtime and would essentially earn less than minimum wage because the individual was expected to be on call even during the evening.

However, a recent legal decision determined these in-home health care workers were not overtime exempt and must be paid one and a half times their average hourly wage when working more than 40-hours per week. This meant that it became economically feasible for many families to maintain constant care to their loved one from a familiar person that could be counted on to provide attentive, individualized service to the patient.

Important First Steps for Executors Filing a Will in Probate Court

Published on: April 6, 2018 | by Ettinger Law Firm

Acting as the executor to an estate is an important duty with many responsibilities. While it may seem overwhelming and confusing at first, there are some very simple and basic first steps executors need to take that can help acclimate them to the process and help ensure that the deceased’s final wishes are carried out and all beneficiaries receive all the portions of the estate that they are due.

Most people generally advise their loved ones of their final wishes as it pertains to funeral arrangements. If this is the case, it may also be so that the deceased or his or her family has also made arrangements to pay for the funeral. If not, it will be up to the deceased’s surviving family members to make such arrangements, something the executor will not be expected to complete. However, it will be necessary for the executor of the estate to keep a financial record of all the burial costs paid out of the deceased’s estate as they may be deducted from any estate taxes.

Next, the executor will need to locate the deceased’s last will and testament and filed with the Surrogate Court in the county where the deceased resided or intended to reside if he or she lived out her final days outside of the county. Sometimes, the will may already be registered with the appropriate Surrogate Court, making this step easier.

Government Accountability Office Report Says Evaluations on CMS Experiments are Incomplete

Published on: April 2, 2018 | by Ettinger Law Firm

A recent report by the Government Accountability Office (GAO) claims state and federal agencies tasked with evaluating experimental programs from the Centers for Medicare and Medicaid Studies (CMS) fail to properly evaluate the initiatives. According to the report, some states can take years to finish evaluations and complete reports on programs implemented to help save taxpayers money and improve patient care.

Furthermore, when reports do become available CMS often fails to give the public access in order for ordinary people to see for themselves what works and what does not for the working poor of America. While many experts studying the issue found the shortcomings to be troubling, many were not surprised at the way states and federal agencies go about evaluating what incremental changes to CMS programs could be worthwhile.

Some states do not even finish their evaluations and complete reports until after the federal government approves the experiments for a second time. Such moves often leave observers scratching their heads as to how states can continue to receive funding for experiments on CMS programs without even taking into account whether they have a positive impact on the health and wellness of state residents or the programs fiscal soundness.

Department of Justice Announces Charges in $500 Million Elder Fraud Schemes

Published on: March 27, 2018 | by Ettinger Law Firm

The U.S. Department of Justice recently announced hundreds of indictments against individuals engaged in often elaborate schemes to defraud hundreds of thousands of elders across the country. The Justice Department said in a statement that it levied charges against over 250 defendants for their roles that contributed to an estimated $500 million in total financial damages against victims.

“Today’s actions send a clear message: We will hold perpetrators of elder fraud schemes accountable wherever they are,” Attorney General Jeff Sessions said in announcing the charges at a press conference. The Department of Justice coordinated with dozens of federal and local agencies to make the arrests, including working with Federal Bureau of Investigations, the Federal Trade Commission and state attorneys generals.

The perpetrators of the scheme allegedly used everything from mass mailing system and telemarketing schemes to identity theft to commit financial crimes against some of the most vulnerable portions of the population. In the past several years, the Senate Aging Committee received thousands of calls from individuals complaining they were either victims or an attempted target of some type of elder fraud.

Checklist for Reviewing Your Estate Plan

Published on: March 22, 2018 | by Ettinger Law Firm

Comprehensive estate planning should be a continuing process. It is important to review your estate plan periodically, especially after major life events occur. An experienced estate planning attorney that helps you review your comprehensive estate plan as part of their service can make sure that you address changing needs and circumstances. The following can also provide a framework for you to start thinking about what to look for when reviewing your estate plan.

Start with Your Will

This is often a good place to start in creating your estate plan and in reviewing it. As time goes on, you are likely to experience a number of changes. Your family may grow to include additional beneficiaries. You are also likely to acquire a number of different assets. An effective Will will take all of this into consideration and include detailed instructions for distributing the assets within it.

Turning Down an Inheritance

Published on: March 20, 2018 | by Ettinger Law Firm

There are many reasons why discussing your comprehensive estate plan with your beneficiaries is important. Not only can it help clarify your decisions and provide the reasoning for some choices that may otherwise cause conflict and strife, but it can prepare beneficiaries for their role in the estate plan.

Sometimes, circumstances arise in which a beneficiary may not want the inheritance that is being left to them or it may simply not be practical to accept it. When these situations arise, the beneficiary may have the option of turning down – or disclaiming – the inheritance.

Reasons for Disclaiming an Inheritance

Planning for Incapacity

Published on: March 15, 2018 | by Ettinger Law Firm

A comprehensive estate plan is more than just a Last Will and Testament coupled with a trust. In includes important aspects that require careful planning for a long period of time. For instance, considering long-term medical care as part of your financial outlook and retirement planning is an important part of your estate plan because it can help safeguard assets and provide a source of financial support for your long-term needs so you can avoid draining assets from your estate to pay for unexpected costs. However, you should also consider planning for challenges like incapacity to ensure the integrity of your estate.

Tools for Planning

A durable power of attorney can help protect your rights and assets in the event of incapacitation. These documents nominate an individual to make important legal and financial decisions for you, especially in relation to your assets. The individual you nominate can work within the authority you provide them with to protect assets within your estate.

Accessing Safe Deposit Boxes

Published on: November 20, 2017 | by Ettinger Law Firm

Needing access to a deceased family member’s safe deposit box is a common issue many families face as they prepare to pass a last will and testament through probate in New York Surrogate’s Court. While many assume they can simply bring their loved one’s death certificate and box key to the bank and explain the situation to the bank manager, the truth is that most bank officials will turn down these requests without proper paperwork from the Surrogate Court.

When faced with the impasse, many individuals look at the situation as a catch 22. On the one hand, access to the safe deposit box is needed to probate the will and on the other hand, the safe deposit box cannot be accessed until the estate is probated. Fortunately, New York’s estates and trust laws are prepared for such scenarios and offer a somewhat streamlined process for gaining access to a safe deposit box where a will and other important documents may be stored.

New York Surrogate’s Court Procedure Act, Section 2003 gives interested parties, those with claims to an estate, the right to request access to the deceased’s safe deposit box for the purpose of uncovering the last will and testament. To gain an “Order to Open Safe Deposit Box,” the interested party will need to file the necessary paperwork with a copy of the death certificate and applicable fee.

Kinship Law in New York

Published on: November 17, 2017 | by Ettinger Law Firm

In New York, if someone passes away without a surviving close family member to inherit the estate, it becomes what is known as a kinship case. While most of us take the time to plan our estate by creating a last living will and testament or a trust to leave our assets to family members and close friends, not everyone is blessed to leave behind a loving family or close associates to pass on an estate.

Chapter 17(B) of the N.Y.S. Consolidated Laws codifies who is entitled to receive the deceased’s estate if he or she passes away without leaving a will. Typically, the surviving spouse is entitled to all of the deceased’s estate if the couple leaves behind no surviving children or grandchildren. If there are children, the surviving spouse receives the first $50,000 of the estate and then half or the remainder which will be split with the surviving children.

When children lose both their parents, the estate will be divided equally between the surviving children. But what if the deceased leave no wife or children? How far will courts and interested parties need to go to figure out who gets what? The answer depends on a variety of factors, including who the deceased leaves behind and whether any interested parties have passed away.

Estate Planning for Young Families

Published on: November 13, 2017 | by Ettinger Law Firm

Starting a family is one of the most exciting times in our lives. With marriage and children comes responsibility to plan for our futures and ensure our loved ones are taken care of in the event of tragedy. While many young families may feel as though they can put off planning their estate, the truth is that it is never too early to start or too late to revise.

One of the first things new families will need to consider is appointing guardianship for children in the event both parents pass away. Although it is difficult to think about, children need to be entrusted to a reliable person to raise them to adulthood. The difficulty often lies in both parents coming to agreement on who should raise the children in a scenario like this.

Another important step is naming an executor to your estate to ensure your children receive all that is due to them should both you and your spouse pass away. Choosing who will manage your estate can have a tremendous impact on the situation and should be someone trustworthy and willing to go the distance until the children are grown and able to take responsibility.