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Important IRS Update: Significant Interest Penalty Increase for Tax Underpayments

The Internal Revenue Service (IRS) has recently announced a critical change that could significantly impact taxpayers who underpay their taxes. This update is particularly relevant as we approach the next tax filing season. Previously, the IRS charged a 3% interest penalty on estimated tax underpayments. However, this rate has now been increased to a substantial

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Will Inflation Hurt Stock Returns? Not Necessarily

Investors may wonder whether stock returns will suffer if inflation keeps rising. Here’s some good news: Inflation isn’t necessarily bad news for stocks. A look at equity performance in the past three decades does not show any reliable connection between periods of high (or low) inflation and US stock returns. Since 1993, one-year returns on

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Maximize Your Charitable Impact with These Four Strategies

As the year draws to a close, it’s a perfect opportunity to rethink how you give to charity. This is important for managing how much tax you pay and how much help reaches those in need. Here are four effective strategies: Need Guidance? Reach Out to Us! These strategies are just a starting point. There

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May Home of National Elder Law Month

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Category: Baby Boomer Generation

Since 1963, the month of May has been a time to focus on issues impacting older individuals. In 2016, this focus is on elder law and how an elder law attorney can help the growing numbers of senior citizens accomplish their estate planning goals. elder law attorney NJ

Elder law attorneys serve a crucial role by helping you or your loved ones plan for the future. This, of course, will encompass estate planning for what happens after you pass away, but it also frequently involves planning for your life, too. This is because a growing number of individuals face the risk of incapacity due to disability or a severe illness.

Given that so many elderly individuals are coping with at least one chronic condition, it is important to think about having the right documentation to allow someone else to make decisions on your behalf and to talk in greater detail about your financial plan for long-term care.

One of the most commonly misunderstood aspects of elder law has to do with Medicaid. Small missteps in your Medicaid planning can cause problems down the line, so it’s a good idea to consult with an experienced New Jersey elder law attorney now to develop goals and plans. In the event that you sustain a serious injury or contract a chronic illness requiring long-term care, knowing your options ahead of time and having a contingency plan can minimize the stress you experience during this time.

You can take the important first step this May by setting up a meeting with an elder law attorney to discuss your future steps. Adult children who have baby boomer parents, too, can work on their own plan and talk about options for Mom and Dad as well. Before heading into the busy summer and vacation season, make sure you can cross this project off your “must do” list. You’ll have peace of mind about your long-term plan by doing so.

 

What Are the Advantages of Working with an Elder Law and Special Needs Attorney?

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Category: Elder Law

When you work with an elder law attorney, you get the benefit of knowing that this individual is well aware of the laws impacting you and your loved one and is committed to helping you apply them correctly. There are clear policy guidelines associated with agencies who administer programs for individuals with disabilities and the elderly. shutterstock_250299895

An experienced elder law attorney can help you evaluate all the potential issues associated with your loved ones and to determine the appropriate strategies for assisting and protecting you well into the future. There are many common mistakes that individuals might make in the process of handling an elder law concern and this can be catastrophic as it relates to qualification from Medicaid and other aspects of long-term care.

Consulting with someone well in advance helps to address issues down the road but it can also be beneficial to form a relationship with an elder law attorney after an issue has arisen. Speaking with someone who is knowledgeable about the law and helps other clients with similar cases gives you the peace of mind that you are working with a true professional. Do not hesitate to contact an experienced elder law planning attorney in New Jersey today to learn more.

Guardianship for a family member with Alzheimer’s

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Category: Aging In Place

May was celebrated as Elder Law Month, and as the baby boomer generation ages, guardianship of an elder may be a growing concern. Although guardianship is most often discussed regarding minor children, it can be a helpful tool for older family members, too.

Guardianship for a family member with Alzheimers
(Photo Credit: medcitynews.com)

One in three people age 65 or older will contract some form of simple disability (cognition, vision or hearing impairment, the inability to get around without assistance, etc.). A diagnosis of such a disability may highlight the difficulty that individual faces in daily living. More difficult than basic aging or simple disability is the presence of Alzheimer’s; according to the Alzheimer’s Association five million are living with it presently, at a cost in 2013 amounting to $203 billion.

Being watchful for thesigns of Alzheimer’s can be an important step in recognizing the need to consider guardianship: among them, memory loss affecting daily living; the inability to complete familiar tasks; misplacing things; confusion over either time or place.

If the elder person does not have a power of attorney or advance directive, you can go into court and seek a declaration of incompetence. Subsequent appointment as a guardian will mean assuming decision-making for living arrangements, the management of finances and medical choices–the last two critical as out-of-pocket costs for older Americans have jumped 46 percent since the year 2000.The guardian has the legal duty to act in the best interest of the ward, and only in those areas permitted by the court. Those looking into guardianship for older parents may want to evaluate their own estate plans at the same time.

Difficulties may extend or render contentious the achieving of a guardianship role. If other family members cannot agree on the need, or on the proper person, the process can be lengthy. Further, the elder individual has the legal right to contest, and the determination of the court will only follow upon extensive expert evidence. Planning for your needs in advance can be extremely helpful for reducing family conflict. To learn more about applying for guardianship in New Jersey or planning to avoid the need, reach out to us at info@lawesq.net or contact us via phone at 732-521-9455.

Preventing End of Life Costs from Destroying Your Estate

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Category: Asset Protection Planning Elder Law Long Term Care Medicaid Nursing Homes

It’s very rare that anybody has covered all possible risks in terms of their wealth management when it comes to income and cash flow, guaranteed income, cash, investments, and the connection between long term care and your estate. If you skip planning for long term care expenses, you may find that your other wealth management tools and strategies don’t hold up to the rising cost of healthcare.

Preventing End of Life Costs from Destroying Your Estate
(Photo Credit: colourbox.com)

The average cost per month for a long-term care facility is over $7,000. That’s why long term care planning is so essential. When a long-term care insurance policy is too expensive or not an option because you do not qualify.

There are alternatives, however. Structuring your estate in a particular manner can help you guard against the cost of long term care. Two common strategies are eliminating assets through trusts and transfers. This means that down the road, if you need to reduce your assets for Medicaid eligibility, you’ve already done most of the work. If you are confronted with a long-term care event before you have done this, you could find yourself having to “spend down” your assets anyways before government assistance kicks in, depleting your savings and forcing you to do it rapidly, which is rarely in your best interest. However, if you do it incorrectly, it has the potential to have a severely negative impact on eligibility and penalty periods. To learn more about trust planning, gifting, and other strategies to mitigate risk in estate planning, email info@lawesq.net or contact us via phone at 732-521-9455.

EZ Legal Services: Shortcut or Risk?

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Category: Legacy Planning

Despite the marketing that’s attempting to penetrate just about everywhere these days, there’s a lesson to be learned from online programs that make estate planning seem so easy. And the lesson isn’t that you can save money and time by putting it together yourself. Up front, you may very well save some money and time. Just don’t be surprised when those “plans” don’t hold up in court. Just ask the family of Ann Aldrich.

stables.com
(Photo Credit: staples.com)

Aldrich used one of these easy programs to put her will together back in 2004. In the will, neither of her two nieces were actually mentioned. Jump to the present and both those nieces were able to capitalize on their aunt’s poor planning. The Florida Supreme Court recently ruled in favor of the nieces because the will was missing the important residuary clause, allowing all money acquired by the aunt after 2004 to be distributed through intestacy (the same laws that govern property distribution for those who pass away without a will at all).

Aldrich’s will included statements leaving everything to her sister and then her brother. Since the sister died first, the brother argued that he was entitled to everything. Since the “oh so easy” legal form only accounted for listed items, nieces were able to argue their rights to assets not specifically outlined in the will. Although Aldrich’s intentions appear rather clear, her documentation was missing something that an estate planning attorney would have picked up at first glance. Unfortunately, this meant that her wishes were not carried out as she planned. This situation was entirely preventable with a little bit of planning. If you’d like to ensure that your estate planning documents carry out your wishes clearly, set up a consultation by calling 732-521-9455 or emailing info@lawesq.net