Recently in Aging Category

September 2, 2010

Elder Law -- Property Tax Homestead Exemption

Most states provide people 65 and older with a reduction on their property tax bills called a homestead exemption. Frequently, this tax reduction is also given to people with disabilities who own their own homes, veterans, and others. The reduction usually must be applied for, and the application period typically begins in January and runs through April. Some application periods run through the first Monday in June, as is the case in Ohio.

Each state has its own system, and it is important to consult with local tax officials to find out exactly what the qualifications are, where the applications can be obtained, and where and when the applications must be filed. (Some states may have suspended this tax exemption due to budget problems.)

A few sites where you can find information on the Internet are:

District of Columbia
Florida
Georgia
Illinois
Maryland
Texas

Your Cincinnati Tax, Probate, Elder Law, and Estate Planning Attorney

Paul A. Nidich
http://paulnidich.webs.com/

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August 4, 2010

Increased Medicaid Funding Set To Pass After August Recess

The Senate finally passed a test vote that will allow increased Medicaid funding for the first half of 2011 to pass Congress after the House returns from its August recess. GOP Senators Susan Collins and Olympia Snowe, both from Maine, joined Senate Democrats to end debate on the legislation that will provide states with billions of dollars to shore up their Medicaid programs and prevent layoffs and program cuts.

The price of the Republican support seems to be a provision in the legislation to cut food stamp benefits beginning in 2014. Healthcare Blog.

Your Cincinnati Tax, Probate, Elder Law, and Estate Planning Attorney

Paul A. Nidich
http://paulnidich.webs.com/

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July 30, 2010

Elder Law -- Life Insurers Give Beneficiaries Checkbooks Not Insurance Proceeds

A recent news story has reported a trend that could be costly to life insurance beneficiaries and could risk the stability of the financial system. In order to retain the assets of life insurance proceeds, some insurance companies send checkbooks to beneficiaries, instead of the insurance proceeds. These checkbooks are tied to investment accounts from which the insurance company profits, are not insured by the federal government, and could upset an already unsteady financial system.

This encourages the beneficiary to use the checks instead of receiving the full proceeds of the life insurance policy. Although the money is in an interest-paying account, the insurance company pays the beneficiary only a portion of the investment income and prevents the beneficiary from making his or her own investment decisions.

Since these investment accounts are not insured by the federal government, something that may not be known or understood by the beneficiary, the beneficiary is at risk of losing the whole proceeds if the insurance company goes under. Further, if enough beneficiaries decide to demand all of their money at the same time, the life insurance company may not be able to meet the demand, causing the kind of "run on the bank" government insurance and regulation is intended to prevent.

Continue reading "Elder Law -- Life Insurers Give Beneficiaries Checkbooks Not Insurance Proceeds" »

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July 26, 2010

The Americans With Disabilities Act -- Happy Birthday

July 16, 2010

Tax Problems - Expenses of Service Animals May Be A Tax Deductible Medical Expense

In a letter to a member of Congress, the Internal Revenue Service recently re-iterated its position that the costs related to buying, training, and maintaining a service animal may be a deductible medical expense for a taxpayer. The tests regarding the deductibility of expenses for service animals are not different from other expenses that qualify for medical expense deduction.

Medical care includes amounts paid for the diagnosis, cure, mitigation, treatment, or prevention of a disease or affecting any structure or function of the body. Service dogs have been widely used in the past to mitigate the effects of physical disabilities. More recently, service animals are being used to mitigate the effects of conditions such as autism and other types of mental disabilities.

The expense must be for a mitigation related to the diagnosed medical condition and not merely the general health of an individual.

To learn more or to discuss tax issues, please contact me at 513.563.1595.

Your Cincinnati Tax, Probate, Elder Law, and Estate Planning Attorney

Paul A. Nidich
http://paulnidich.webs.com/

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July 14, 2010

Elder Law -- Is Avoiding Probate Enough?

I had a new client come to my office recently. She was looking for Medicaid planning advice for her husband's parents. (This is a very frequent occurrence.) Her mother-in-law was suffering from dementia but was still able to live at home. Her father-in-law was 85 years old but in good health and led a fairly active life.

She told me that about 7 years ago, her in-laws had wills, a living will, and a revocable living trust drafted. She said her parents' total assets were worth about five hundred thousand dollars, and the revocable trust was drafted solely to avoid probate. I was dumfounded that the attorney who drafted the plan did not draft a durable financial power of attorney nor discuss Medicaid planning with the couple. After all, the husband was already 78 years old!

I explained that Medicaid had a five-year look-back period on transfers of assets for less than fair market value. I suggested that her in-laws might want to have a new irrevocable trust drafted. We also discussed the possibility of an irrevocable grantor trust, a special type of irrevocable trust that causes income to the trust to be taxed to the individual's personal return, rather than taxed at the higher trust rates.

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July 6, 2010

Health Care -- New Tool Available From Health and Human Services

The Department of Health and Human Services has created a web site to help people search out information about the new health care reform legislation. Health Care There is a lot of misinformation about the new law, some of which goes into effect this year.

If you have particular questions about the new law, try this web site, first, before getting second- or third-hand information that might very well be wrong.

Your Cincinnati Tax, Probate, Elder Law, and Estate Planning Attorney

Paul A. Nidich
http://paulnidich.com

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June 16, 2010

Elder Law -- New Web Site From The Center for Elders and the Courts

The National Center for State Courts has created a web site called the Center for Elders and the Courts. This site provides useful information about the following topics: "Aging Issues," "Guardianship," "Elder Abuse," and "State Laws."

The Center for Elders and the Courts also produces a Newsletter and provides Links to many important resources. These resources will help both seniors and attorneys who provide services to seniors.

Sincerely,

Your Cincinnati Elder Law Attorney

Paul A. Nidich
http://paulnidich.webs.com

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