Educational FYI's

Educational FYI's are written on topics that effect various aspects of estate planning and the laws that govern it. They are published and posted to this site when news worthy events happen that we feel you should be made aware of. The purpose of an Estate Planning Update is to bring important information to the financial advisors in the community. Our hope is that this information better equips you to assist your clients.

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Anderson & Bliven P.C. releases important estate planning and related articles when there are changes in the law that we feel have an especially large impact. Please take a moment to register to receive full access to our Educational FYIs.


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Stimulus Payments for Seniors

$250 Recovery Payments to go to SS and SSI beneficiaries in May 2009.

READ MORE Read the eFYI titled: Stimulus Payments for Seniors


Article on Family Caregivers

The Sunday, September 9, 2007 issue of Parade magazine contains an article by Gail Sheehy on family caregiving. It will recount some of her own experiences as a spousal caregiver to her husband.

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CMS Technical Director Opines That States May Impose Penalty on Community Spouse Post- Eligibility Transfers

Roy R. Trudel, a Technical Director at the Center for Medicare and Medicaid Services ("CMS") recently opined that a state agency has the option of imposing a transfer penalty on an institutionalized spouse if the community spouse transfers protected resources after the institutionalized spouse's eligibility has been determined. Mr. Trudel's opinion, which is a reversal from statements made by previous CMS (HCFA) officials, came about as the result of an email exchange between elder law attorney Robert Mason of North Carolina and himself.

READ MORE Read the eFYI titled: CMS Technical Director Opines That States May Impose Penalty on Community Spouse Post- Eligibility Transfers


New Study Finds Changes Needed to U.S. Health System to Accommodate Needs of Boomers

The aging baby boom generation is likely to increase the nation's disabled population, and a study says the United States needs a better system to provide care for them. More than 40 million Americans currently have some sort of disability, the Institute of Medicine reported Tuesday.

READ MORE Read the eFYI titled: New Study Finds Changes Needed to U.S. Health System to Accommodate Needs of Boomers


Senate Resolution Freezes Estate Tax for Two Years

Senate Resolution 21, 110th Cong. 1st Session, passed the Senate by a vote of 91 - 1.

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Why Can't a NY Lawyer Counsel FL Residents on NY Law?

This article from the ABA Journal summarizes the case of a NY licensed attorney wanting to give advise to FL residents about NY matters. It does a good job of summarizing FL's position on unlicensed practice of law in FL.

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Georgetown University Study on Medicaid Financing of Long Term Care

This article summarizes the role of Medicaid in financing long term care costs.  The article also touches on how DRA will affect the ability of portions of the elderly population to get access to long term care.

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Article on Boomer Inheritances

This USA article highlights how inheritances by boomers are not meeting earlier projections. The reason behind this is the increased life expectancies of seniors and the higher then projected costs for health care.

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Article of Interest on Intestacy

You may be interested in reviewing the article on the laws of intestacy in the various states.

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Equitable Estoppel Doctrine Not Available Where Medicaid Eligibility Worker Gave Wrong Advice

A State Medicaid eligibility worker advised the son of a beneficiary that her estate would not be subject to a claim after her death, and that if he wanted to preserve the family home all he needed to do was to state that his mother intended to return home. The worker was wrong.

READ MORE Read the eFYI titled: Equitable Estoppel Doctrine Not Available Where Medicaid Eligibility Worker Gave Wrong Advice


Photocopy of Will is Not "Duplicate Original"

After a decedent's death, his original 1987 will could not be located. However, a photocopy of that will was in his personal papers. There was no indication of any intent to revoke the will other than the fact that the original was missing.

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