Articles
Medigap Coverage Is Changing
Last Updated: 2/12/2010 9:56:19 AM Several changes are coming to Medigap plans, which supplement Medicare's coverage. In June 2010, four current plans will be dropped and two new plans will be added, bringing the total number of available Medigap plans to 10. Between copayments, deductibles, and coverage exclusions Medicare does not cover all medical expenses. To supplement Medicare coverage, you may purchase a Medigap policy from a private insurer. There are currently 12 Mediga... (Read More)
How to Cope With Big Rate Hikes on Long-Term Care Policies
Last Updated: 2/8/2010 3:42:13 PM Reprinted by permission of retirementrevisedIf you have long-term care insurance, brace for the possibility of a steep increase in premiums this year. Some of the largest long-term care (LTC) underwriters are asking state regulators for large increases on some policies this year. The current ultra-low interest rate environment is a key reason for the rate hikes. Low rates have cut sharply into the investment earnings that insurance companies dep... (Read More)
Next Steps: A Practical Guide to Planning for the Best Half of Your Life
Last Updated: 2/26/2010 9:34:53 AM Jan Warner and Jan Collins. Next Steps: A Practical Guide to Planning for the Best Half of Your Life. Quill Driver Books. Fresno, CA. 2009. 255 pages. $11.66 from Amazon (click on book to order)Aging endangers many things we take for granted when we're younger: health, assets, family harmony and personal autonomy. In order to avoid threats to any of these, it is important to develop a plan for the future now. Next Steps offers practical advice... (Read More)
Demise of Estate Tax Could Have Serious Consequences for Spouses
Last Updated: 3/2/2010 2:14:01 PM As ElderLawAnswers has reported, the estate tax expired on January 1, 2010. It remains to be seen whether Congress will reinstate it before it returns in 2011, but the fact that there is currently no estate tax can have unintended consequences for spouses. Standard language found in many estate plans could leave spouses with nothing. It is important to check with an elder law or estate planning attorney to make sure your estate plan does what yo... (Read More)
More Seniors Eligible for Big Medicare Drug Subsidy
Last Updated: 1/26/2010 3:47:31 PM Reprinted by permission of retirementrevisedA million low-income seniors have become eligible for a big assist on prescription drug expenses this year under a newly expanded federal program. The subsidy can defray thousands of dollars in costs, and in many cases eliminate prescription drug expenses entirely for participating seniors. The Extra Help program which is administered by the Social Security Administration subsidizes Medicare Part D pr... (Read More)
Avoiding Expensive Funerals
Last Updated: 1/25/2010 11:28:30 AM When planning a funeral, the expenses can add up quickly. The average funeral costs about $7,300, including the casket, embalming, and transportation, and if you include extras like flowers, obituary notices, and acknowledgement cards, the price goes even higher. However, there are several ways you can save on funeral expenses. Cremation. Cremation can be cheaper than burial. For one thing, you don't need an expensive casket if you plan on cre... (Read More)
To Roth or Not to Roth?
Last Updated: 1/12/2010 3:06:17 PM Now that 2010 has arrived, people whose incomes were previously too high to permit them to rollover a traditional IRA to a Roth IRA are calling their investment houses about making conversions. That's because for the first time, even if your annual income exceeds $100,000, you can convert a traditional IRA -- or a SEP IRA, Simple IRA or 401(k) or 403(b) plan held with a former employer -- to a Roth IRA. What's all the excitement about? To revie... (Read More)
The Complete Eldercare Planner
Last Updated: 1/29/2010 11:59:14 AM Joy Loverde. The Complete Eldercare Planner (Rev Upd. edition.) Three Rivers Press. N.Y. 2009. 400 pages. $13.57 at Amazon (click on book to order).Becoming a caregiver for an elderly loved one can be an overwhelming experience. The Complete Eldercare Planner is a practical guide designed to help caregivers organize and manage all the tasks involved in eldercare. Written by Joy Loverde, an eldercare consultant, The Complete Eldercare Planner ... (Read More)
Things to Remember at Tax Time
Last Updated: 2/5/2010 11:49:46 AM April 15th is approaching and it is time to begin crossing T's and dotting I's in preparation for paying taxes. As tax time draws near, you want to make sure you file all the proper forms and take all deductions you're entitled to. Following are some things to keep in mind as you prepare your tax form. Gifts. Did you give away any money this year? The gift tax can be very confusing. If you gave away more than $13,000 in 2009, you will have to f... (Read More)
Congress Lets Estate Tax Expire, But May Act Retroactively
Last Updated: 1/12/2010 1:43:46 PM With Senate Democrats unable to persuade Republicans to extend the 2009 estate tax law for even a couple of months until a more permanent solution could be devised, there is currently no tax on the estates of those dying during 2010. Although Congress may reinstate the tax retroactively in 2010, perhaps as part of broader tax reform, this is by no means a certainty.If Congress fails to act, a few thousand very wealthy families will have reason ... (Read More)
Pre-Paid Funeral Plans: Buyer Beware
Last Updated: 1/6/2010 5:31:45 PM Funerals rank among the most expensive purchases many consumers will ever make. A traditional funeral costs about $6,000, although "extras" like flowers, obituary notices, acknowledgment cards and limousines can bring the total to well over $10,000. Moreover, people often "overspend" on a funeral or burial because they think of it as a reflection of their feelings for the deceased. To help relieve their families of some of these decisions, an ... (Read More)
Financial Crisis Affects Prepaid 529 Plans
Last Updated: 1/12/2010 1:57:32 PM As ElderLawAnswers reported earlier this year, the uncertain stock market has made prepaid 529 plans more attractive to parents looking to save for their children's college education. However, the same economic problems that have increased the popularity of the plans are also putting the plans in jeopardy. Many plans are running out of money, causing states to impose higher fees or consider shutting them down. A prepaid 529 plan is usually oper... (Read More)
How to Care for Aging Parents
Virginia Morris. How to Care for Aging Parents. Workman Publishing Company, Inc. New York, NY. 2004. 691 pages. $12.89 from Amazon.com (click on book to order)As your parents age, their needs begin to change. How to Care for An Aging Parent -- a revised and greatly expanded edition of a book first published in 1995 -- can help you deal with these changes as they occur. The book is a comprehensive look at almost every issue you might encounter as your parents age, whether they... (Read More)
Bank Pays Price for Refusing to Honor Request Made Under a Power of Attorney
Last Updated: 12/8/2009 10:43:58 AM A durable power of attorney (POA) allows the person creating the document, called the "principal," to name a trusted agent who can act on his behalf in almost any situation. But because of the risk of abuse, many banks will scrutinize a POA carefully before allowing the agent to act on the principal's behalf, and often a bank will refuse to honor a POA. In a recent Florida case, Bank of America rebuffed an agent's request that funds be withdra... (Read More)
Online Retirement Planning Calculators Measure Risk Poorly, Study Finds
Last Updated: 10/15/2009 9:41:14 AM If you are retired or are nearing retirement, the main questions on your mind are probably "Will I run out of money in retirement?" and "Will I be able to maintain my standard of living?" For answers, people often turn to free online retirement calculators, such as those listed on ElderLawAnswers' Calculators page, that calculate how much users will need to save to achieve their retirement objectives, based on details about their finances. Bu... (Read More)
No Change in Medicaid Spousal Impoverishment Standards for 2010
Last Updated: 11/12/2009 11:17:25 AM For the first time since 1989, when a law was enacted protecting the spouses of institutionalized Medicaid recipients from impoverishment, the federal Centers for Medicare and Medicaid Services is not raising its guidelines for how much money the husbands or wives of institutionalized Medicaid recipients may keep. With no increase in the consumer price index on which these figures are based, the resource and income guidelines that prevailed ... (Read More)
End-of-Year Tax Planning Considerations
Last Updated: 12/8/2009 4:27:24 PM As the New Year approaches, taxpayers around the nation are thinking about making gifts or other financial moves before January 1 that will benefit them come April 15, 2010. Here are some year-end considerations of particular interest to seniors. A Reprieve on RMDsLast year, as the stock market plunged and the economy teetered on the brink, Congress suspended the penalty for seniors who fail to take the required minimum distribution (RMD) from... (Read More)
The Boomer's Guide to Aging Parents
Last Updated: 11/25/2009 11:32:36 AM Carolyn Rosenblatt. The Boomer's Guide to Aging Parents. AgingParents.com. 2009. 262 pages. $39.99 (click on book to order) As members of the boomer generation become caretakers for their parents, more and more guides are popping up. The Boomer's Guide to Aging Parents provides practical information on topics that aren't always covered in depth in other books. Although author Carolyn Rosenblatt is a retired attorney, her book doesn't cover ... (Read More)
The Effects of Health Care Reform on Long-Term Care
Last Updated: 12/8/2009 4:20:35 PM Most of the discussion about health reform has centered around issues like the "public option" and abortion restrictions. But buried in both the House and Senate reform bills are important provisions that would make long-term care more affordable, help the elderly and disabled remain at home rather than move to a nursing home, and make nursing homes safer for those who have no choice. The CLASS ActElderLawAnswers has discussed the CLASS Act in ... (Read More)
Medicare's Open Enrollment Season Has Begun
Last Updated: 11/18/2009 8:01:04 AM It is that time of year again -- time to reassess whether your Medicare plan is working for you. Medicare's open enrollment period began November 15 and continues until midnight December 31. During this period, you may enroll in a Medicare Part D (prescription drug) plan or, if you currently have a plan, you may change plans. In addition, during this period you can return to traditional Medicare from a Medicare Advantage (managed care) pla... (Read More)
529 Plans Can Pay for Computers and Internet Next Two Years
Last Updated: 9/11/2009 3:25:21 PM Tax-free college savings plans and prepaid tuition programs -- so-called 529 plans -- can be used to buy computer equipment and services for an eligible student during 2009 and 2010. The change was part of the American Recovery and Reinvestment Act (ARRA), aka the Stimulus Bill, enacted earlier this year. Named for Section 529 of the Internal Revenue Code, 529 plans enable taxpayers to reduce their taxable estates while earmarking funds for the... (Read More)
What Is a Trust Protector and When Might You Need One?
Last Updated: 9/28/2009 10:44:54 AM Trust protectors -- long popular in offshore trusts set up by high rollers -- are now gaining popularity in trusts established here in the U.S. by less affluent folks. A trust protector is someone who is appointed to watch over a trust that will be in effect for a long time and ensure that it is not adversely affected by any changes in the law or circumstances. There are a number of reasons for appointing a trust protector. Having a protector ... (Read More)
A Parent's Guide to Wills & Trusts: For Grandparents, Too
Last Updated: 9/28/2009 10:35:50 AM Don Silver. A Parent's Guide to Wills & Trusts: For Grandparents, Too. Adams-Hall Publishing. Los Angeles, CA. 2008. 248 pages. $19.95 from Amazon (click on book to order)Getting started on an estate plan can be overwhelming. A Parent's Guide to Wills & Trusts is an easy-to-understand overview of estate planning that helps explain all the factors to consider and decisions to make.Written by an estate planning attorney, this is not a do-it-you... (Read More)
Program Provides Support Services to Family Caregivers
Last Updated: 9/28/2009 5:51:06 PM Caring for a family member is hard work, and without support, caregivers can easily get burnt out or overwhelmed. However, there is help available for caregivers if they know where to look. The National Family Caregiver Support Program is a federal initiative that provides money to states to fund programs that support family caregivers. The goal is to help caregivers care for seniors at home for as long as possible. The National Family Caregive... (Read More)
Insurance Industry Fighting to Remove Kennedy's LTC Plan From Health Reform
Last Updated: 9/28/2009 3:07:12 PM A proposal to establish a new national long-term care insurance program that would offer basic help to the elderly and disabled is under attack by the insurance industry. Although the proposed program is still included in major health reform bills in both the House and Senate, it is unclear whether it will make it to the final legislation. "It's got a long way to go to survive," says Brian W. Lindberg, Public Policy Advisor to the National Aca... (Read More)
Switching Medicare Plans If You Move
Last Updated: 10/28/2009 10:34:11 AM If you are over 65 and preparing to move to another county or state, be sure to add "check Medicare plan" to your to-do list. You need to make sure your Medicare plan will still be in effect after you move. Whether or not your policy will be valid will depend in part on whether you have Original Medicare or Medicare Advantage. If you have Original Medicare, moving should not affect your benefits. Your Medicare plan will still be valid when yo... (Read More)
IRS Issues Long-Term Care Premium Deductibility Limits for 2010
Last Updated: 10/19/2009 3:28:06 PM The Internal Revenue Service has announced the 2010 limitations on the deductibility of long-term care insurance premiums from taxes. For the first time, the maximum deductible limit for an individual exceeds $4,000. Premiums for "qualified" (see explanation below) are tax deductible provided that they, along with other unreimbursed medical expenses, exceed 7.5 percent of the insured's adjusted gross income. These premiums -- what the policyho... (Read More)
The Alzheimer's Advisor: A Caregiver's Guide to Dealing with the Tough Legal and Practical Issues
Last Updated: 10/27/2009 1:34:52 PM Vaughn E. James. The Alzheimer's Advisor: A Caregiver's Guide to Dealing with the Tough Legal and Practical Issues. AMACOM. New York, NY. 2009. 300 pages. $14.96 from Amazon (click on book to order) Caring for a family member with Alzheimer's disease is complicated enough, but often overlooked are the legal implications of the disease. The Alzheimer's Advisor provides a guide to the legal and ethical aspects of caring for a family member wit... (Read More)
Understanding the Differences Between a Will and a Trust
Last Updated: 10/28/2009 10:45:01 AM Everyone has heard the terms "will" and "trust," but not everyone knows the differences between the two. Both are useful estate planning devices that serve different purposes, and both can work together to create a complete estate plan. One main difference between a will and a trust is that a will goes into effect only after you die, while a trust takes effect as soon as you create it. A will is a document that directs who will receive your p... (Read More)
Medicare Part B Premiums to Rise 15 Percent for Some, or Maybe None
Last Updated: 10/23/2009 10:48:02 AM After not rising last year, the basic premium for Medicare Part B will shoot up 15 percent to $110.50 a month in 2010 from $96.40 in 2008 and 2009. But most beneficiaries will be exempted from paying this increase. Whether the rest will be able to avoid it as well remains to be seen. The explanation is somewhat complicated. It all started when the Social Security Administration announced that there would be no cost of living benefit rise for... (Read More)
SSA Agrees to Stop Suspending Benefits Based on Existence of Arrest Warrant
Last Updated: 8/26/2009 11:00:08 AM A U.S. district court has approved a settlement agreement between the Social Security Administration (SSA) and a group of individuals who had their benefits automatically withheld because of outstanding arrest warrants against them. The SSA has agreed to repay more than $500 million in benefits that were withheld since Jan. 1, 2007. The settlement resolves a class action lawsuit that challenged the implementation of a law that sought to preven... (Read More)
New Web Site Promotes Senior Volunteer Opportunities
Last Updated: 8/28/2009 9:06:13 AM Seniors who want to remain active and engaged often turn to volunteering. A new government Web site sponsored by the Corporation for National and Community Service is promoting volunteerism for seniors. The site, www.getinvolved.gov, makes it easier for seniors to find volunteer opportunities around the country. Those age 55 and older can use the Web site's search engine to locate volunteer opportunities by interest and location. They can ... (Read More)
Nasty, Brutish & Long: Adventures in Old Age and the World of Eldercare
Last Updated: 9/11/2009 4:27:54 PM Ira Rosofsky. Nasty, Brutish & Long: Adventures in Old Age and the World of Eldercare. Avery. New York, N.Y. 2009. 214 pages. $18.25 from Amazon (click on book to order)If our bodies or minds fail us at the end of our lives, we're likely to end up in a nursing home. What is life like in these institutions and what does the experience tell us about our society's way of managing the ravages of old age? In this important and engaging book, a psyc... (Read More)
Long-Term Care Hybrid Products Give Buyers More Options
Last Updated: 8/13/2009 9:41:54 AM With many people unwilling to purchase long-term care insurance policies due to the cost, insurers are rolling out new products that combine long-term care insurance with either a life insurance policy or an annuity. These new products have been on the market for awhile, but they are gaining in popularity due to a law that goes into effect Jan. 1, 2010, making distributions from life insurance and annuities tax free when used to pay nursing hom... (Read More)
Who Can Serve as Executor?
Last Updated: 9/28/2009 10:45:17 AM One important reason to have a will is to be able to name your executor (also called a personal representative). An executor is the person responsible for managing the administration of your estate after you die. If you don't choose an executor, the court will choose one for you. The first decision is whether to choose a person or an institution to act as executor. A bank, trust company, or other institution can serve. For more information on ... (Read More)
Getting Cash From a Life Insurance Policy If You Are Terminally Ill
Last Updated: 7/27/2009 6:12:35 PM Unfortunately, a diagnosis of a terminal illness often comes with many expenses. If you need money to pay for your medical care or comfort, you may be able to use your life insurance policy to get some immediate cash. "Viatical settlements" allow terminally ill individuals to sell their life insurance policies. Alternatively, some insurance companies allow you to receive an accelerated death benefit. A viatical settlement is similar to ... (Read More)
Useful Financial, Retirement and Personal Calculators Available on the Web
Last Updated: 7/30/2009 10:47:17 AM The Web has spawned many miracles, and one of them is the creation of online calculators that can give consumers answers to complex questions in seconds based on their specific circumstances. Want to know whether a traditional or a Roth IRA is better for you, how much life insurance you need, or what your life expectancy is? Here are links to a goldmine of useful online calculators from around the Web: TimeValue Software offers a number of fin... (Read More)
Making the Golden Years Golden
Last Updated: 9/10/2009 3:50:46 PM Eva Mor. Making the Golden Years Golden. Authorhouse. Bloomington, Ind. 2009. 295 pages. $17.95 from Amazon (click on book to order)As we age, new issues confront us -- from where to live to who can provide care to how to avoid scams. Making the Golden Years Golden addresses problems like these and offers practical advice and tips to help navigate the senior years. The author, Eva Mor, has worked with elderly for more than 23 years in various ... (Read More)
Don't Leave Children Unequal Shares By Mistake
Last Updated: 8/26/2009 10:48:41 AM Siblings do not always receive equal shares of a parent's estate. Sometimes the inequality is intentional and sometimes it is accidental. Regardless of how it happens, it can cause arguments among the children. However, there are some steps parents can take to promote family harmony. If you intend to leave your children equal shares of your estate, don't forget to consider any money or property held jointly with a child. Property in a ... (Read More)
2009 Long-Term Care Insurance Prices Rise Slightly, Range Widely
Last Updated: 7/16/2009 3:21:54 PM A 55-year-old individual considering a basic level of long-term care insurance protection -- a $100 daily benefit and three years of coverage -- can expect to pay $723 a year if married or $1,060 if single, according to the 2009 Long-Term Care Insurance Price Index, an annual report from the American Association for Long-Term Care Insurance, an industry group. A 65-year-old purchasing comparable coverage will pay $1,364 (married) or $2,028 (sin... (Read More)
Mediation Can Facilitate an Amicable Senior Divorce
Last Updated: 6/23/2009 2:23:49 PM As people live longer, the divorce rate among seniors is growing. Older couples confront different problems than younger ones do when getting divorced, and a mediator can help sort through these issues and facilitate an amicable settlement. While divorces among younger couples usually focus on child support and visitation issues, some of the considerations that seniors must take into account when getting divorced include:Health Insurance. Is one... (Read More)
Beware of Generic Health Care Proxy Forms
Last Updated: 6/23/2009 4:22:19 PM Hospitals often give patients a health care proxy form to sign on being admitted. While it might seem easy to sign a generic health care proxy form, having a document that is specifically tailored to your needs is important. A health care proxy allows you to appoint someone else to act as your agent for medical decisions. In general, a health care proxy takes effect only when you require medical treatment and a physician determines that you are ... (Read More)
Can We Talk? A Financial Guide for Baby Boomers Assisting Their Elderly Parents
Last Updated: 6/23/2009 4:59:40 PM Robert Mauterstock Jr. Can We Talk? A Financial Guide for Baby Boomers Assisting Their Elderly Parents. Soar with Eagles. Rogers, AR. 2008. 131 pages. $20 from Amazon (click on book to order). Although talking to your parents about money can be difficult, not discussing finances now could mean more problems and conflicts later. Can We Talk? is a practical guide to working with your parents to make financial plans and preserve legacies while you... (Read More)
Don't Fall for the 'Certified Copy of Your Deed' Swindle
Last Updated: 6/15/2009 10:18:30 AM Would you pay $60 for something you could get for as little as $1 and probably don't need at all? A company called National Deed Service is hoping to persuade homeowners to part with the extra cash to purchase a "certified copy" of the deed to their home. Officials in many states are warning homeowners not to fall for the company's deceptive, but apparently legal, pitch. For the last three years, the Northbrook, Illinois-based National Deed Ser... (Read More)
You May Be Able to Claim Social Security Benefits Now and Claim More Later
Last Updated: 6/23/2009 2:24:07 PM Although you can begin receiving Social Security benefits anytime after age 62, the longer you wait, the higher the benefit you will receive. But many people need money right away and cannot afford to delay. If you are married, there is a strategy that may allow you to claim some benefits immediately and then claim more benefits later. First a little background: You have three options for when to begin taking your Social Security retirement bene... (Read More)
Requiring Adult Children to Pay for Aging Parents
Last Updated: 5/21/2009 11:37:18 AM Did you know you could be responsible for your parents' unpaid bills? Thirty states currently have laws making adult children responsible for their parents if their parents can't afford to take care of themselves. While these laws are rarely enforced, there has been speculation that states may begin dusting them off as a way to save on Medicaid expenses. These laws, called filial responsibility laws, obligate adult children to provide n... (Read More)
Online Services Offer Estate Planning for Digital Assets
Last Updated: 6/9/2009 2:19:29 PM Once upon a time, when life was less complicated, the key to a safe deposit box was all loved ones needed to gain access to important documents and accounts following a death. Today, many aspects of our lives -- both financial and personal -- are lived in places accessible only by password. We have e-mail addresses, Facebook and MySpace profiles, and accounts with PayPal, eBay, and online brokerages and banks. In addition, many people communicate... (Read More)
Long-Term Care at Home Consumer Guide
Last Updated: 5/27/2009 8:30:13 PM Walter Feldesman. Long-Term Care at Home Consumer Guide. Walter Feldesman, New York, NY. 2009. 393 pages. $23.66 print copy (or free as online download).Click here to order a print copy.Click here for free download.The story of Walter Feldesman is as inspiring to the elderly as his books are helpful to them. After a 67-year career as a corporate attorney, Feldesman has devoted the last decade to developing consumer-friendly guides about elder c... (Read More)
Accounting for Gifts and Loans to Children in Your Estate Plan
Last Updated: 5/27/2009 9:29:04 AM No parents want their children to fight among themselves after they are gone. Sadly, conflicts often arise, especially when a parent has gifted or loaned money to one child and not others. However, a few key words in your estate plan can minimize the potential for conflict.If you give money to one child, the other siblings may claim that the child should receive a reduced share of your estate. Speaking at a recent meeting of the National Academy... (Read More)
Estate Taxes: What's a Taxpayer to Do?
Last Updated: 6/8/2009 4:40:07 PM After almost a decade of changes in the federal estate tax code, and many states changing their tax structure in response to the federal changes, clarity appears to be on the horizon. Congress's recently passed budget resolution would make the current estate tax rules permanent, taxing only estates over $3.5 million in value with the tax rate set at 45 percent. Although no actual legislation has yet been voted on, the nonbinding budget resolu... (Read More)
Web Site Aims to Take the Rancor Out of Dividing Up an Estate
Last Updated: 6/26/2008 As ElderLawAnswers has reported, dividing up family heirlooms can be a difficult business. Wills often deal only with financial assets, not personal possessions, and infighting between family members over who gets which personal item can damage relationships for years to come. Now there is a Web site that may help families avoid acrimony and make the process of dividing up possessions in an estate easier. The site, eDivvyup, allows family members (and frie... (Read More)
Disinheiriting a Relative Can Be Complicated
Last Updated: 6/26/2008 You may feel that you have given one child more during your life, so he or she should get less in your will. Or you may want to cut out an heir altogether. Whatever the reason, disinheriting a close relative--especially a spouse or a child--can be complicated. It may not be possible to completely disinherit a spouse. Even if you don't leave your spouse anything in your will, most states have laws that keep a spouse from losing everything. If you live in a ... (Read More)
Coping with Dementia
Last Updated: 7/31/2008 Rosemary De Cuir. Coping with Dementia: What Every Caregiver Needs to Know. Trafford Publishing. 2007. 182 pages. $16.95 from Amazon (click on book to order).Having a family member with dementia is extremely stressful and presents unique caregiving challenges. Coping with Dementia is designed to help families of individuals with dementia understand what is happening and transition from primary caregivers to advocates.Written by Rosemary De Cuir, who spent... (Read More)
Be Certain You Get the Pension You've Earned
Last Updated: 6/25/2008 Are you having difficulty getting the pension or 401(k) plan funds you worked years to earn? Five pension counseling projects, funded through the U. S. Administration on Aging and serving plan participants and their beneficiaries in 22 states, can help!The retirement system's complexity and unresponsiveness can overwhelm the most tenacious retirees when they try to obtain the pensions they have earned. Companies change their names, merge or go bankrupt. Th... (Read More)
Second Marriages and Life Insurance
Last Updated: 8/5/2008 As second marriages become more and more common, beneficiary designations become more complicated. If you are remarried, choosing a beneficiary for your life insurance policy may not be simple‚ especially if you have children from a previous marriage. When it comes to life insurance, how do you make sure your spouse is provided for without forgetting your children?If you already have life insurance with your first spouse as the beneficiary, you need t... (Read More)
Millions of Retirees and Vets Are Leaving Stimulus Money on the Table
Last Updated: 10/7/2008 The IRS reports that more than 5 million retirees and disabled veterans who are eligible to receive a tax rebate under the $152 billion economic stimulus package have failed to take the steps necessary to get their checks.As we have previously reported, Social Security recipients (including beneficiaries receiving Social Security Disability Income) and disabled veterans who earned at least $3,000 in qualified benefits, earned income, or both, may be eligi... (Read More)
New Web Site Invites Reviews of Nursing Homes and Other Senior Care Services
Last Updated: 10/7/2008 A new Web site, seniorDECISION, features consumer ratings and reviews of nursing homes, assisted living, retirement communities, and home health care agencies. The site is a forum for seniors, caregivers, and aging professionals to share opinions on more than 75,000 senior care and housing services nationwide.Unlike many Web sites that provide nothing more than text lifted from company-produced brochures, seniorDECISION offers first-hand accounts from peo... (Read More)
The Complete Book of Wills, Estates and Trusts
Last Updated: 10/7/2008 Alexander A. Bove, Jr., Esq. The Complete Book of Wills, Estates and Trusts. Henry Holt and Company, New York, NY. 2005. 3rd. Ed. 364 pages. $11.56 from Amazon (click on book to order).Everything you ever wanted to know about estate planning is contained in The Complete Book of Wills, Estates, and Trusts. This substantial book, now in its third edition, is full of information to help you become more informed about how estate planning works. Written by att... (Read More)
How Parents Can Provide for a Caregiver Child
Last Updated: 10/7/2008 Taking care of a parent can be a full-time job. Children may have to give up paying jobs in order to provide care to aging parents. Unfortunately, caregiving is usually unpaid work. Parents who want to compensate a child who takes on the burden of caregiving may do so in one of several ways. Caregiver Agreements. Caregiver agreements are an increasingly popular way to ensure a caregiver child is compensated for the child's work. A caregiver agreement (also... (Read More)
Online Calculator Gives Personalized Estimate of Future Social Security Benefit
Last Updated: 10/7/2008 The Social Security Administration (SSA) has unveiled a new online calculator that allows you to project what your monthly Social Security benefit will be based on your actual work record. The Retirement Estimator also lets you create "what if" retirement scenarios based on different earnings projections and retirement ages. The calculator requires inputting personal information like your Social Security number, date of birth and mother's maiden name, but ... (Read More)
Senior Move Managers Help Make Moving Easier
Last Updated: 3/24/2009 Moving can be stressful for anyone and especially so for seniors. On top of hiring movers, packing, and setting up the new home, there is the emotional toll of leaving a house the senior may have lived in for years. If the move seems overwhelming, a senior move manager may be able to help. Senior move managers help seniors with all the emotional and physical aspects of moving. The following are some of the tasks a move manager can assist with: Developing... (Read More)
On Your Own: A Widow's Passage to Emotional and Financial Well-Being
Last Updated: 10/7/2008 Alexandra Armstrong, CFP, and Mary R. Donahue, PhD. On Your Own: A Widow's Passage to Emotional and Financial Well-Being. 4th Edition. Armstrong, Fleming, & Moore, Inc., Washington, DC. 2006. 415 pages. $19.95 at Amazon (click on book to order)Becoming a widow at any age is one of the most difficult crises any woman has to face. Not only is there the emotional loss of a husband, but also the task of handling all the finances without the help of a spouse. ... (Read More)
So, You've Been Appointed Trustee of a Trust? Here Are 9 Do's and 1 Don't
Last Updated: 10/7/2008 Whether it's an honor or a burden (or both), you have been appointed trustee of a trust. What responsibilities have been thrust upon you? How can you successfully carry them out? Here are nine do's and one don't to get you started: Do read the trust document. It sets out the rules under which you will operate, so you need to understand it completely.Do create a checking account for the trust. All income and expenses should go through this account. While yo... (Read More)
New Law Makes Changes to Reverse Mortgages
Last Updated: 12/1/2008 In addition to addressing the current housing crisis, the Housing and Economic Recovery Act of 2008 makes changes to reverse mortgages, including higher borrowing limits and protections from aggressive marketing. A reverse mortgage allows a homeowner who is at least 62 years old to use the equity in his or her home to obtain a loan that does not have to be repaid until the homeowner moves, sells, or dies. The new law, which took effect October 1, 2008, inc... (Read More)
Investment Pundits Urge Calm and Patience
Last Updated: 10/6/2008 It's being called the greatest shock to the U.S. financial system since the Great Depression. With major brokerage houses and insurers going under and Wall Street gyrating wildly, many are wondering if there is any safe place to put their money and what, if any, investment moves they should make. In a survey of investment advice being given in the wake of the recent financial turmoil, ElderLawAnswers found that investment strategists are counseling calm an... (Read More)
How Does Work Affect Your Social Security Payments?
Last Updated: 10/6/2008 Many people continue to work beyond retirement age, either by choice or out of necessity. But if you are receiving Social Security benefits, you need to be aware of how working can affect your benefit payments. Earning income above Social Security thresholds can cause a reduction in benefits and mean your benefits will be taxed. Whether it makes sense to work and collect Social Security at the same time is a complicated assessment that depends on how much ... (Read More)
Financial Abuse of the Elderly: A Detective's Case Files of Exploitation Crimes
Last Updated: 10/6/2008 Joseph Roubicek. Financial Abuse of the Elderly: A Detective's Case Files of Exploitation Crimes. Ruby House Publisher. 2008. 161 pages. $13.05 from Amazon (click on book to order)Although elderly individuals are often the victims of fraud, there is another type of financial abuse that is more difficult to prosecute. This sometimes shocking book explains how the elderly are often exploited financially and offers some tips to avoiding such exploitation. Wr... (Read More)
Does Your Will Name an Alternate Beneficiary?
Last Updated: 10/27/2008 What will happen to your estate if your primary beneficiary does not survive you? If your will does not name an alternate beneficiary, your estate will be divided according to state law. The way the state divides your estate may not agree with your wishes. Your money may go to someone you don't like or to someone who is unable to handle it. For example, suppose your will divides your estate among your spouse and three children. If one child dies before yo... (Read More)
Are You Sitting Down? Medicare Premium to Remain Unchanged in 2009
Last Updated: 10/6/2008 For the first time in eight years, Medicare's monthly premium will remain unchanged for most of the program's 44 million beneficiaries. The Centers for Medicare and Medicaid Services (CMS) announced that the Part B premium will remain at its 2008 level of $96.40 for 2009 for individuals earning $85,000 or less or couples earning $170,000 or less. The premium will go up for higher earners (see list below). The Part B deductible will remain at its 2008 level... (Read More)
Questions and Answers on Life Insurance
Last Updated: 10/27/2008 Anthony Steuer. Questions and Answers on Life Insurance. iUniverse, Lincoln, NE. 2007. 464 Pages.$22.45 from Amazon (click on book to order).Deciding which type of life insurance to purchase can be a confusing process. Term life? Variable life? Whole life? Universal life? What do these terms mean and which option is right for your situation? Questions and Answers on Life Insurance provides answers to those questions and more. Author Anthony Steuer is a l... (Read More)
FDIC Temporarily Boosts Insurance Limit to $250,000, Including Trusts
Last Updated: 10/31/2008 The recently passed Emergency Economic Stabilization Act of 2008 (aka "the bailout bill") temporarily raises the basic limit on federal deposit insurance coverage (FDIC) from $100,000 to $250,000 per depositor. The legislation provides that the basic deposit insurance limit will return to $100,000 after December 31, 2009.The rise in insurance coverage applies to trust accounts as well. The owner of a revocable trust is insured up to $250,000 for each bene... (Read More)
Writing a Memorandum of Intent for a Special Needs Child
Last Updated: 10/30/2008 How can you ensure that your special needs child will remain well cared for and secure once others assume the role of guardian or caregiver? While creating a financial plan and establishing a specialized trust are central to preparing for your child's future, special needs planners also advise families to write down their intentions and expectations in a document referred to as a Memorandum of Intent, also known as a "Letter of Intent." The Memorandum is ... (Read More)
Tax Deductions for Assisted Living Costs
Last Updated: 11/4/2008 If you or a family member lives in an assisted living facility, you know that assisted living costs continue to rise every year. But did you know some of those costs may be tax deductible? Medical expenses, including some long-term care expenses, are deductible if the expenses are more than 7.5 percent of your adjusted gross income. In order for assisted living expenses to be tax deductible, the resident must be considered "chronically ill." This means a d... (Read More)
Annual Gift Tax Exclusion Jumping to $13,000 Next Year
Last Updated: 10/17/2008 The annual gift tax exclusion will increase from $12,000 to $13,000 effective January 1, 2009, the Internal Revenue Service (IRS) has announced. The gift tax exclusion is the amount the IRS allows a taxpayer to gift to another individual without reporting the gift. The increase means that more can be given away for estate tax planning purposes. For example, a married couple with four children will be able to give away up to $104,000 in 2009 with no gift t... (Read More)
Retiring on Obama's Watch: What to Expect From 44
Last Updated: 11/7/2008 By Mark Miller, RetirementRevised.com Barack Obama's hair turned a little gray during his 20-month quest for the presidency but he's hardly the only one showing some age. President-elect Obama will lead a country that is aging rapidly as the huge baby boomer generation heads toward retirement. By the year 2030, there will be 72 million Americans over age 65 -- about 20 percent of the total population, according to the U.S. Census Bureau. With all the urge... (Read More)
More Seniors Turning to Free Food Programs
Last Updated: 11/17/2008 By Sue Woodman The story is the same across the country: the combination of a tough economy, rising food and fuel prices, and strained social services are causing dramatically higher numbers of elderly to seek out free food programs. In big cities like New York, the numbers showing up for free meals at senior centers is increasing by between 20 to 40 each day, according to Aaron Kesselman, president of the Manhattan Borough Wide Interagency Council on A... (Read More)
Preparing Heirs: Five Steps to a Successful Transition of Family Wealth and Values
Last Updated: 12/2/2008 Roy Williams and Vic Preisser. Preparing Heirs: Five Steps to a Successful Transition of Family Wealth and Values. Robert D. Reed Publishers, San Francisco, CA. 2003. 182 pages. $19.77 from Amazon (click on book to order)If you have worked hard to accumulate wealth, you probably want to make sure your heirs don't lose control of it. Preparing Heirs gives families the tools to successfully transfer wealth from one generation to the next. The authors, both ... (Read More)
Revoking a Power of Attorney
Last Updated: 2/3/2009 If for any reason, you become unhappy with the person you have appointed to make decisions for you under a durable power of attorney, you may revoke the power of attorney at any time. There are a few steps you should take to ensure the document is properly revoked. While any new power of attorney should state that old powers of attorney are revoked, you should also put the revocation in writing. The revocation should include your name, a statement that you ... (Read More)
A Roundup of Key Elder Law Numbers for 2009
Last Updated: 10/31/2008 Below is compilation of Medicaid, Medicare, Social Security and other figures for 2009 that are of interest to the elderly and their families. Medicaid Spousal Impoverishment Figures for 2009 In 2009, the spouse of a Medicaid recipient living in a nursing home (called the "community spouse") may keep as much as $109,560 without jeopardizing the Medicaid eligibility of the spouse who is receiving long-term care. Called the "community spouse resource allo... (Read More)
Do You Have the Right Fiduciary?
Last Updated: 2/24/2009 When creating an estate plan, an important decision is who to name as your fiduciary. A fiduciary is a fancy legal term for the person who will take care of your property for you if you are unable to do it yourself, such as the executor of an estate, the trustee of a trust, or an attorney-in-fact under a power of attorney. Your first instinct might be to name one of your children as a fiduciary, but if you want to avoid conflict among your children, this m... (Read More)
Retirement Home Can Force Resident to Move to Higher Level of Care
Last Updated: 2/18/2009 A federal court has ruled that a continuing care retirement community (CCRC) can force one of its residents to move from her private apartment to an assisted living unit. Sally Herriot, 90, is a resident of Channing House, a CCRC in Palo Alto, California, that provides three levels of care -- independent living, assisted living and skilled nursing. Since moving to the facility with her now-deceased husband in 1991, Ms. Herriot has lived in a spacious ind... (Read More)
The Last Goodnights: Assisting My Parents with Their Suicides
Last Updated: 2/27/2009 John West. The Last Goodnights: Assisting My Parents with Their Suicides. Counterpoint. 2009. 272 pages. $16.50 from Amazon (click on book to order)What would you do if both your parents asked you to assist them with their suicides within the same year? This unthinkable dilemma is exactly what John West faced in 1999 when both his parents became terminally ill almost simultaneously. His book, The Last Goodnights: Assisting My Parents with Their Suicides, ... (Read More)
How to Choose a Medigap Policy
Last Updated: 4/14/2009 Once you become eligible for Medicare, you will be inundated with offers from insurance companies for Medigap (supplemental insurance) policies. Sorting through these offers can be confusing. Not only are there 12 standardized plans, but there can be huge differences in premiums between companies. Medicare plans A and B cover only a portion of medical costs. Medigap policies are designed to fill in the "gaps" in coverage. The first step is to figure out wh... (Read More)
Things to Remember at Tax Time
Last Updated: 2/19/2009 April 15th is approaching and it is time to begin crossing T's and dotting I's in preparation for paying taxes. As tax time draws near, you want to make sure you file all the proper forms and take all deductions you're entitled to. Following are some things to keep in mind as you prepare your tax form. Gifts. Did you give away any money this year? The gift tax can be very confusing. If you gave away more than $12,000 to any one person in 2008, you will hav... (Read More)
Tips for Preventing, Detecting, and Reporting Financial Abuse of the Elderly
Last Updated: 4/6/2009 As the economy worsens, incidences of elder financial abuse are reportedly on the rise. The elderly are particularly vulnerable to scams or to financial abuse by family members in need of money. A recent study found that up to one million older Americans may be targeted yearly. Family members and caregivers are the culprits in 55 percent of cases, although financial losses are higher with investment fraud scams. While it is impossible to guarantee that an e... (Read More)
Nearly Two-Thirds Face Risky Retirement Due to Long-Term Care Costs
Last Updated: 4/1/2009 A new report by the Center for Retirement Research at Boston College finds that nearly two-thirds of U.S. households are at risk of being unable to maintain their standard of living in retirement when possible long-term care costs are taken into consideration. The report, "Long-Term Care Costs and the National Retirement Risk Index," looks at the percentage of households that would fall significantly short of their target retirement income if they do what t... (Read More)
The Boomer Burden: Dealing with Your Parents' Lifetime Accumulation of Stuff
Last Updated: 4/29/2009 Julie Hall. The Boomer Burden: Dealing with Your Parents' Lifetime Accumulation of Stuff . Thomas Nelson, Nashville, TN. 2007. 228 pages. $10.19 from Amazon (click on book to order). When someone dies, they leave behind memories of them, but also lots of stuff. The Boomer Burden addresses how to deal with the latter -- how to clear out an estate and avoid family squabbles over heirlooms. The author, Julie Hall, is an estate contents expert and certifi... (Read More)
Nursing Home Residents May Keep $250 Stimulus Payment
Last Updated: 4/24/2009 Just about everyone who gets Social Security, Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or a Railroad Retirement or Veterans Administration disability pension, will receive a one-time payment from the U.S. government of $250 as part of the American Recovery and Reinvestment Act of 2009 (aka the stimulus bill). The extra payment is scheduled to arrive by the end of May the same way you receive your usual benefit. Am... (Read More)
Be Aware of the Dangers of Joint Accounts
Last Updated: 3/27/2009 Many people believe that joint accounts are a good way to avoid probate and transfer money to loved ones, and such accounts are sometimes referred to as "the common person's estate plan." But while joint accounts can be useful in certain circumstances, they can have dire consequences if not used properly. Adding a loved one to a bank account can affect Medicaid planning as well as expose your account to the loved one's creditors. When a person applies for ... (Read More)
New Study Finds Financial Abuse of Elderly Is Costly and Vastly Underreported
Last Updated: 3/20/2009 Elder financial abuse costs older Americans more than $2.6 billion a year and is most often perpetrated by family members and caregivers, according to a new report released by the MetLife Mature Market Institute entitled, Broken Trust: Elders, Family and Finances. The 40-page report notes that for each case of abuse reported, there are at least four that go unreported. In addition, the economic downturn may increase vulnerability. The report, which is a... (Read More)
Reevaluate Insurance Needs When You Retire
Last Updated: 4/20/2009 Along with many other changes, your insurance needs change when you retire. It is a good idea to look at your insurance options and figure out what you need or don't need and where you might be able to achieve some savings. Life Insurance. Once you retire, you may no longer need life insurance. If your spouse or other dependents won't lose any income when you die, life insurance isn't necessary. However, sometimes life insurance can be used as part of an e... (Read More)
'Who Moved My Dentures?'
Last Updated: 3/26/2009 Anthony Cirillo. "Who Moved My Dentures?" 13 False (Teeth) Truths About Long-Term Care and Aging in America. Warren Publishing. Cornelius, NC. 2003. 164 pages. $14.95 from Amazon (click on book to order). The general perception of long-term care facilities is of places to be avoided at all costs. This book is intended to dispel that perception. "Who Moved My Dentures?" is written by entertainer and health care consultant Anthony Cirillo, who travels aroun... (Read More)
What the Stimulus Bill Does for the Elderly
Last Updated: 3/6/2009 The American Recovery and Reinvestment Act of 2009, the $787 billion stimulus package that President Barack Obama signed into law February 17, 2009, includes a number of provisions that help the elderly in need as well as the economy. Here are the highlights: A one-time payment of $250 in the form of a tax rebate to Social Security recipients, Supplemental Security Income recipients, and veterans receiving disability and pensions. For details, click here... (Read More)
Financial Downturn Coupled With Changing Estate Tax Rules Mean It's Time to Review Your Estate Plan
Last Updated: 4/20/2009 The financial crisis, coupled with possible changes in the estate tax law, make now a good time to review your estate plan. The future of the estate tax will likely be up for debate in Congress soon because one of the priorities of the Obama administration is making the estate tax permanent. Given the uncertain climate, it is important to make sure your estate plan does what you want it to do. Under current law, the estate tax rate is 45 percent for 2009, ... (Read More)
IRS Clarifies Recent Law Waiving Account Distribution Rules for 2009
Last Updated: 1/17/2009 The Internal Revenue Service (IRS) has issued guidance to financial institutions clarifying the new law that allows seniors to avoid making required withdrawals from depleted retirement accounts in 2009. Taxpayers over 70 1/2 years old generally must begin withdrawing a certain percentage of the balance of retirement accounts like IRAs and 401(k)s each year or pay, in addition to income tax, a 50 percent excise tax on the amount that should have been withd... (Read More)
10 Steps to Less Stressful Caretaking
Last Updated: 2/26/2009 Taking care of an elderly loved one, whether due to dementia or illness, can be exhausting and stressful. Often due to the lack of outside help, a devotion to the person needing care, or the tunnel vision that can accompany exhaustion, caretakers don't take care of themselves. But they must. Failure to do so can lead to burnout, injury or illness. If you are the caregiver, any of these results will harm your ability to care for your loved one.Here are some... (Read More)
Living and Dying in a Long-Term Care Facility: Notes From a Nursing Home Doctor
Last Updated: 1/29/2009 Gilah Silber, M.D. Living and Dying in a Long-Term Care Facility: Notes From a Nursing Home Doctor. BookSurge Publishing, 2007. 179 pages. $14.95 from Amazon (click on book to order). As the population ages, more and more people are entering nursing homes. But what is life like in these often-dreaded facilities? Living and Dying in a Long-Term Care Facility offers a behind-the-scenes look at the long-term care system from a nursing home physician's perspe... (Read More)
Supreme Court Says Deceased Employee's Ex-Wife Can Get His Pension Benefits
Last Updated: 2/2/2009 A new Supreme Court decision illustrates the importance of making sure your beneficiary designations are up-to-date. The Court has unanimously ruled that an employer must distribute a deceased employee's retirement benefits to his ex-wife even though she had renounced the benefits in their divorce. Kennedy v. Plan Administrator for DuPont Sav. and Investment Plan (U.S., No. 07-636, Jan. 26, 2009). William Kennedy worked for DuPont Co. and had a retirement p... (Read More)
What Happens If You Die Without a Will?
Last Updated: 2/26/2009 We all know we are supposed to do estate planning, but not all of us get around to it. (If you are among the many who haven't gotten around to it, see our current home page survey.) So what happens if you don't have a will when you die? Your estate will be distributed according to state laws, which may or may not be the way you want it to be distributed. Dying without a will is called dying "intestate." Each state has laws that determine what will happen t... (Read More)
Long-Term Care Insurer Dumps 140,000 Policies on State's Doorstep
Last Updated: 12/5/2008 Conseco Inc., a major long-term care insurer, has transferred more than 140,000 of its policies to an independent trust set up by Pennsylvania, putting the policyholders at risk. Conseco moved its Senior Health Insurance Co. long-term-care policies, which were underpriced, to a new state-supervised nonprofit trust, Senior Health Insurance Co. of Pennsylvania. The trust will pay claims from a pool of funds, including $175 million in capital, transferred to... (Read More)
Five-Star Rating System for Nursing Homes Arrives, for Better or for Worse
Last Updated: 12/20/2008 The Centers for Medicare & Medicaid Services (CMS) has unveiled a one- to five-star rating system for nursing homes to help consumers evaluate a nursing home's quality when selecting a facility. The ratings appear on the agency's Nursing Home Compare Web site. A five-star designation means the facility ranks "much above average," four-star indicates "above average," three means "about average," two is a "below average" ranking, with a one indicating tha... (Read More)
Caring for Your Parents: The Complete Family Guide
Last Updated: 12/22/2008 Hugh Delehanty and Elinor Ginzler. Caring for Your Parents: The Complete Family Guide. AARP and Sterling Publishing, New York, NY. 2008. 238 pages. $10.36 from Amazon (click on book to order)As parents age, their adult children are often forced to take on an active caregiving role, which creates a new dynamic between parent and child. Caring for Your Parents provides practical advice to help adult children navigate this complex emotional and bureaucratic... (Read More)
Updating Your Estate Plan When Your Finances Change
Last Updated: 2/26/2009 In the recent economic downturn, many homes have lost considerable value and stock portfolios have plummeted. If this is the case for you, do you need to change your will? What if your income and assets have increased significantly? If your finances have changed markedly since you wrote your will, you should check your estate plan to see if you need to make any changes. If your will or estate plan divides your estate into percentages for beneficiaries, the... (Read More)
Congress Waives Retirement Account Distribution Requirements for 2009
Last Updated: 1/5/2009 Congress has passed and President Bush has signed legislation that will temporarily suspend the penalty for seniors who fail to take the required minimum distribution from IRA and employer retirement accounts in 2009. But the penalty freeze, which is part of the Worker, Retiree, and Employer Recovery Act of 2008, does not affect required distributions for 2008, which are hitting seniors the hardest, and some contend that the suspension for 2009 will only b... (Read More)
New Privacy Rules Restrict Family Access to Health Information
Last Updated: 6/27/2008With the strict new health care privacy rules now in force, it's more important than ever that everyone consider creating an advance medical directive that specifically names those persons who are entitled to access to health care information about them.Under the Health Insurance Portability and Accountability Act (HIPAA), which recently became effective, doctors, hospitals and other health care providers may no longer freely discuss a patient's status or health with spou... (Read More)
Review Your Living Trust: Older Ones May Need Revision
Last Updated: 6/27/2008Many couples created Revocable "Living" Trusts before the 2001 changes in the tax law, which increased the personal estate tax exemption many-fold over what it was in earlier years. Just before the new law, the personal lifetime exemption was $675,000. For persons dying in years 2004 and 2005, the exemption has been increased to $1.5 million, and the amount of this exemption will increase still further during the remaining years of this decade.Many of these older trusts c... (Read More)
