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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 26, 2010

The Americans With Disabilities Act -- Happy Birthday

July 22, 2010

Americans With Disabilities Act To Celebrate 20 Years

On July 26, 1990, President George H. W. Bush signed what he declared to be "the first comprehensive declaration of equality for people with disabilities." He further called for the destruction of "The Shameful Wall of Exclusion."

Shamefull wall.jpg

Since that day, there have been many court decisions interpreting the Americans with Disabilities Act. Some of these decisions, and particularly some decisions of the Supreme Court, narrowed the scope of the law intended by Congress when it passed the ADA. This led to Congress passing the ADA Amendments Act of 2008 that President George W. Bush signed on September 25, 2008.

All Americans should celebrate the twentieth anniversary of the ADA on July 26, 2010, and remember that the law as it now exists was passed by two different Congresses and signed by two different Presidents, both named Bush.

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

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

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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 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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July 1, 2010

Elder Law -- Keep Beneficiary Designations Up-to-Date

Failure to keep beneficiary designations up-to-date can be a very costly mistake. Most people have some life insurance, retirement accounts, IRAs, and other contracts that designate a recipient or beneficiary. When the primary beneficiary becomes disabled, enters a nursing home, or dies, the owner of these contracts frequently fails to update the beneficiary designation. This can cause problems with probate, estate taxes, especially state estate taxes, and inheritances.

Your Cincinnati Elder Law Attorney

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

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May 3, 2010

Autism Community Losses A Hero

This entry is not what one would expect on a blog by a tax attorney, but the loss of Dr. Stanley Greenspan is quite sad news. Dr. Greenspan's specialty as a psychiatrist was working with infants to seven year-olds who had been diagnosed with autism. Much to my wife's and my chagrin, we did not take our son to see Dr. Greenspan until our son was "too old." What if . . . ? is one of the many paths parents of children with autism and other severe disabilities cannot allow themselves to travel.

Dr, Greenspan left behind a great body of work that many will still be able to take advantage of, but his loss is a great tragedy. He will be greatly missed. Tribute.

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January 28, 2010

Special Needs Trusts -- Estate Planning is Not Just For The Wealthy

Most people are aware of typical estate planning concepts, including the use of living trusts to avoid the expense and complications of probate. Fewer people are aware of the considerable need for estate planning for families with individuals who have disabilities, such as autism or down syndrome or any other disability that makes it likely the individual will qualify for government benefits because of his or her disability.

For individuals who are disabled and who either have never worked or do not have enough quarters to qualify for social security disability income, there are a number of government programs that provide benefits. Disabled individuals can apply to social security for Supplemental Security Income (SSI), but SSI has strict income and asset guidelines for eligibility. An individual under the age of 18 will generally qualify for benefits only if his or her parents' income and assets meet the eligibility tests. Individuals 18 and older qualify based upon on their own income and assets.

SSI currently provides a maximum monthly income of $674 per month, but that benefit is reduced for individuals living at home with their parents. Also, SSI recipients typically qualify for Medicaid, a joint state-federal medical program administered by the states.

Another social security program that provides benefits to individuals with disabilities is "Disabled Adult Children." To qualify for this benefit, one must have a disability with an onset before age 22, and at least one of the individual's parents is already receiving social security benefits. This benefit can provide more financial assistance than SSI, and after receiving benefits for two years, the individual qualifies for Medicare, irrespective of age.

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