Garruto, v. Cannici
A-2447-06T1 12-21-07
The court that an action for tortious interference with a
bequest, premised upon undue influence by means of fraud, is
barred when plaintiffs, with knowledge of probate proceedings,
have failed to file a timely challenge to the will in probate
court.
Saturday, December 22, 2007
ABA ESTATE PLANNING, PROBATE & TRUST COMMITTEE Newsletter December, 2007
ABA General Practice, Solo and Small Firm Division American Bar Association
Chairs - Kenneth Vercammen, Edison, NJ and Jay Foonberg, Beverly Hills, CA
In this issue: 1. 2008 PUBLIC BENEFIT NUMBERS
2. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the dog.
3. More Elder Law & Estate Planning articles added to website http://centraljerseyelderlaw.com/
1. 2008 PUBLIC BENEFIT NUMBERS
By Thomas D. Begley, Jr., Esquire
Every year selected public benefit numbers change. These are indexed to the cost of living. Here are some of the important numbers for 2008:
Medicaid
$1,911 Income Cap
$104,400 Maximum CSRA
$20,880 Minimum CSRA
$2,610 Maximum MMMNA
$1711.25 MMMNA (until July 1, 2007)
$513 Excess Shelter Allowance (until July 1, 2007)
Social Security
2.3% Social Security Increase
$637 SSI – Single
$956 SSI – Couple
$940 SGA - Disabled
$1,570 SGA – Blind
7.65% Tax Rate Employee
15.30% Tax Rate Self Employed
$102,000 Maximum Taxable Earnings
$1,050.00 Quarter of Coverage
$670.00 Trial Work Period
$2,185.00 Maximum Social Security Benefit
Medicare
$128 Medicare Co-Payment – NSF
$96.40 Medicare Part B Standard Premium ($82,000 income or less)
Medicare Part B –Related Premium
$135/year Deductible
$96.40/mth Standard Premium
Part B Income-Related Premium
Beneficiaries who file an individual tax return with income: Beneficiaries who file a joint tax return with income: Income-related monthly adjustment amount Total monthly premium amount
Less than or equal to $82,000 Less than or equal to $164,000 $0.00 $96.40
Greater than $82,000 and less than or equal to $102,000 Greater than $164,000 and less than or equal to $204,000 $25.80 $122.20
Greater than $102,000 and less than or equal to $153,000 Greater than $204,000 and less than or equal to $306,000 $64.50 $160.90
Greater than $153,000 and less than or equal to $205,000 Greater than $306,000 and less than or equal to $410,000 $103.30 $199.70
Greater than $205000 Greater than $410,000 $142.90 $238.40
Cost-Sharing for Part A and Part B
On October 1, 2007 the Centers for Medicare & Medicaid Services (CMS) announced Part A and Part B premiums and deductibles for 2008.[1]
$1,024/benefit period Hospital
Hospital Coinsurance
$0 Days
$256/day Days 61-90
$512/day Days 91-150
Skilled Nursing Facility Coinsurance
$0 Days 0-20
$128/day Days 21-100
Part A Premium (for voluntary enrollees only)
$233/mth With 30-39 quarters of Social Security coverage
$423/mth With 29 or fewer quarters of Social Security coverage
Part B
$135/year Deductible
$96.40/mth Standard Premium
Part B Income-Related Premium
Beneficiaries who file an individual tax return with income: Beneficiaries who file a joint tax return with income: Income-related monthly adjustment amount Total monthly premium amount
Less than or equal to $82,000 Less than or equal to $164,000 $0.00 $96.40
Greater than $82,000 and less than or equal to $102,000 Greater than $164,000 and less than or equal to $204,000 $25.80 $122.20
Greater than $102,000 and less than or equal to $153,000 Greater than $204,000 and less than or equal to $306,000 $64.50 $160.90
Greater than $153,000 and less than or equal to $205,000 Greater than $306,000 and less than or equal to $410,000 $103.30 $199.70
Greater than $205000 Greater than $410,000 $142.90 $238.40
In addition, the monthly premium rates to be paid by beneficiaries who are married, but file a separate return from their spouse and lived with their spouse at some time during the taxable year are:
Beneficiaries who are married but file a separate tax return from their spouse: Income-related monthly adjustment amount Total monthly premium amount
Less than or equal to $82,000 $0.00 $96.40
Greater than $82,000 and less than or equal to $123,000 $103.30 $199.70
Greater than $123,000 $142.00 $238.40
Standard Part D Cost-Sharing for 2008
On April 2, 2007 CMS issued information about Part D cost-sharing for 2008:[2]
$27.93 Base Beneficiary Premium
$275.00 Deductible
$2,510.00 Initial Coverage Limit
$4,050.00 Out-of-pocket Threshold
$5,726.25 Total Covered Part D Drugs to Get to Catastrophic Limit
$2.25 Catastrophic cost-sharing: Generic/ Preferred Drug
Low-Income Subsidy Co-Payments (LIS)
Full Benefit Dual Eligibles w/incomes
≤ 100% Federal Poverty Level
$1.05 Generic/Preferred Drugs
$0.00 Above Catastrophic Limit
Full Benefit Duals with Incomes
>100% Federal Poverty Level &
Other Full-Subsidy Eligible Beneficiaries
$2.25 Generic/preferred drugs
$0.00 Above Catastrophic Limit
Partial Subsidy Eligible Beneficiaries
$56.00 Deductible
15% Co-insurance to ICL
$2.25 Generics above catastrophic limit
$5.60 Others above catastrophic limit
Copyright 2007 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
2. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the dog.
See photo http://www.njlaws.com/vercammen_family_2007.htm
One of the pleasures of this holiday season is the opportunity it gives to thank many people for their friendship, goodwill and the very pleasant association we enjoy. We sincerely appreciate this relationship and are thankful for the confidence many people have shown in us. We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
In the true spirit of the season, may we all be thankful and share in the hope for peace on earth and goodwill toward our fellow man.
May the new year bring happiness and good health to you and those you love.
More Holiday cheer at this great site:
http://holidays.blastcomm.com/
HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
Wesoly Siat, Bozega Narodzenia [Merry Christmas in Polish}
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
3. More Elder Law & Estate Planning articles added to website http://centraljerseyelderlaw.com/:
Wills
Answers to Probate Questions
Power of Attorney
Living Wills
Executor - Duties & Responsibilities
Trusts v. Wills
Wills & Estate Administration
Medicaid
Wills, Children & Guardianship
Removing an Executor of an Estate
Ten Estate Planning Ideas for Divorced/ Separated Persons
Guardianship of Disabled Adults
Wills & Estate Planning
Codicil to a Will
Elective Share of Spouse
Prenuptial Agreements
Compelling the Sale of Jointly Owned Houses-The Partition Suit
Estate/Will/Trust Inheritance Contests
Probate/ Inheritance/ Estate Administration Interview form
Estate Planning/ Guardianship Interview Form
Will Questionnaire
ALPHABETICAL LIST OF OTHER ELDER LAW/PROBATE ARTICLES
Administration of Estates, Probate and Decedents
Alzheimer Patient Estate Planning & Guardianship
Asset Protection
Attorneys Permitted as Executor
Book & Audiotapes on Elder Law
Catholic Lawyers Guild
Caveat to Will
Disclaimer by a beneficiary of an interest in a Will or Trust
Elder Law Seminars
Elective share of surviving spouse
Cancer Patients Estate Planning
Multiple Sclerosis Patients & Guardianship of Disabled Adults Estate Planning
Parkinson Patients & Guardianship of Disabled Adults Estate Planning
Single, unmarried parents Estate Planning Ideas
Stroke Victims & Guardianship of Disabled Adults Estate Planning
Estate Planning Ideas
Estate Planning for Gay and Lesbian Couples
Executor Commissions in a Probate Case
Federal HIPAA requires Power of Attorney or written document to permit family access to medical information
Free Will Seminars and Speakers Bureau
Gay and Lesbians - Living Will / Advance Directives
Guardian Law Changes
If you have no will
If Undue Influence was 'Clear,' the Will of the Elderly Testatrix is Denied Admission to Probate.
Joint Bank accounts upon Death
Letters of Instruction
Letters of Administration if No Will
Life Insurance Trusts
Middlesex Estate Council Speaker Needed
Medicaid has lien on special needs Trust
New NJ Probate Law CHAPTER 132 of 2004
New Jersey Transfer Inheritance Tax
Nursing Home and Assisted Living Facility Liability
Order to Show Cause in Probate
Power of Attorney and Estate Planning for Gay and Lesbian Couples
Probate Release Refund Bond
Probate
Probate Retainer Statement
Reverse Mortgages
3B:14-23 Powers of a Fiduciary, Executor in a Probate Estate
Rule 4:80 Application to Surrogate's Court for Probate or Administration
Rule 4:86 Action for Guardianship of a Mentally Incapacitated Person
Rule 4:87 Probate Accountings, Actions for the Settlement of Accounts
Same-Sex Couples Estate Planning
Stroke and Power of Attorney
State Planning for Gay and Lesbian Couples
Tax Law Changes
Turning House Over to Children?
Undue Influence as Defense to Will or Power of Attorney
Wills & Estate Planning for Gay & Lesbian Couples
_______________________
WE PUBLISH YOUR FORMS AND ARTICLES
To help your practice, we feature in this newsletter edition a few forms and articles PLUS tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please mail articles, suggestions or ideas you wish to share with others in our Committee.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
Send Us Your Marketing Tips
We are increasing the frequency of our newsletter. Send us your short tips on your great or new successful marketing techniques.
You can become a published ABA author. Enjoy your many ABA benefits.
Send us your articles & ideas
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
General Practice, Solo and Small Firm Division:
Elder Law Committee and the
Who We Are
The ESTATE PLANNING, PROBATE & TRUST COMMITTEE focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations. We work with the Elder Law Committee to schedule programs at the ABA Annual meeting.
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
We also seek articles on Elder Law, Probate, Wills, Medicaid and Marketing. Please send your marketing ideas and articles to us. You can become a published ABA author.
________________________________________
The Elder Law Committee of the ABA General Practice Division is directed towards general practitioners and more experienced elder law attorneys. The committee consistently sponsors programs at the Annual Meeting, the focus of which is shifting to advanced topics for the more experienced elder lawyer.
This committee also focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations.
Kenneth Vercammen, Esq. co-Chair
Jay Foonberg, Beverly Hills Co-chair, Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA JayFoonberg@aol.com>
We will also provide tips on how to promote your law office, your practice and Personal Marketing Skills in general. It does not deal with government funded "legal services" for indigent, welfare cases.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Kenv@njlaws.com
Central Jersey Elder Law www.centraljerseyelderlaw.com
NJ Elder Blog http://elder-law.blogspot.com/
ABA General Practice, Solo and Small Firm Division American Bar Association
Chairs - Kenneth Vercammen, Edison, NJ and Jay Foonberg, Beverly Hills, CA
In this issue: 1. 2008 PUBLIC BENEFIT NUMBERS
2. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the dog.
3. More Elder Law & Estate Planning articles added to website http://centraljerseyelderlaw.com/
1. 2008 PUBLIC BENEFIT NUMBERS
By Thomas D. Begley, Jr., Esquire
Every year selected public benefit numbers change. These are indexed to the cost of living. Here are some of the important numbers for 2008:
Medicaid
$1,911 Income Cap
$104,400 Maximum CSRA
$20,880 Minimum CSRA
$2,610 Maximum MMMNA
$1711.25 MMMNA (until July 1, 2007)
$513 Excess Shelter Allowance (until July 1, 2007)
Social Security
2.3% Social Security Increase
$637 SSI – Single
$956 SSI – Couple
$940 SGA - Disabled
$1,570 SGA – Blind
7.65% Tax Rate Employee
15.30% Tax Rate Self Employed
$102,000 Maximum Taxable Earnings
$1,050.00 Quarter of Coverage
$670.00 Trial Work Period
$2,185.00 Maximum Social Security Benefit
Medicare
$128 Medicare Co-Payment – NSF
$96.40 Medicare Part B Standard Premium ($82,000 income or less)
Medicare Part B –Related Premium
$135/year Deductible
$96.40/mth Standard Premium
Part B Income-Related Premium
Beneficiaries who file an individual tax return with income: Beneficiaries who file a joint tax return with income: Income-related monthly adjustment amount Total monthly premium amount
Less than or equal to $82,000 Less than or equal to $164,000 $0.00 $96.40
Greater than $82,000 and less than or equal to $102,000 Greater than $164,000 and less than or equal to $204,000 $25.80 $122.20
Greater than $102,000 and less than or equal to $153,000 Greater than $204,000 and less than or equal to $306,000 $64.50 $160.90
Greater than $153,000 and less than or equal to $205,000 Greater than $306,000 and less than or equal to $410,000 $103.30 $199.70
Greater than $205000 Greater than $410,000 $142.90 $238.40
Cost-Sharing for Part A and Part B
On October 1, 2007 the Centers for Medicare & Medicaid Services (CMS) announced Part A and Part B premiums and deductibles for 2008.[1]
$1,024/benefit period Hospital
Hospital Coinsurance
$0 Days
$256/day Days 61-90
$512/day Days 91-150
Skilled Nursing Facility Coinsurance
$0 Days 0-20
$128/day Days 21-100
Part A Premium (for voluntary enrollees only)
$233/mth With 30-39 quarters of Social Security coverage
$423/mth With 29 or fewer quarters of Social Security coverage
Part B
$135/year Deductible
$96.40/mth Standard Premium
Part B Income-Related Premium
Beneficiaries who file an individual tax return with income: Beneficiaries who file a joint tax return with income: Income-related monthly adjustment amount Total monthly premium amount
Less than or equal to $82,000 Less than or equal to $164,000 $0.00 $96.40
Greater than $82,000 and less than or equal to $102,000 Greater than $164,000 and less than or equal to $204,000 $25.80 $122.20
Greater than $102,000 and less than or equal to $153,000 Greater than $204,000 and less than or equal to $306,000 $64.50 $160.90
Greater than $153,000 and less than or equal to $205,000 Greater than $306,000 and less than or equal to $410,000 $103.30 $199.70
Greater than $205000 Greater than $410,000 $142.90 $238.40
In addition, the monthly premium rates to be paid by beneficiaries who are married, but file a separate return from their spouse and lived with their spouse at some time during the taxable year are:
Beneficiaries who are married but file a separate tax return from their spouse: Income-related monthly adjustment amount Total monthly premium amount
Less than or equal to $82,000 $0.00 $96.40
Greater than $82,000 and less than or equal to $123,000 $103.30 $199.70
Greater than $123,000 $142.00 $238.40
Standard Part D Cost-Sharing for 2008
On April 2, 2007 CMS issued information about Part D cost-sharing for 2008:[2]
$27.93 Base Beneficiary Premium
$275.00 Deductible
$2,510.00 Initial Coverage Limit
$4,050.00 Out-of-pocket Threshold
$5,726.25 Total Covered Part D Drugs to Get to Catastrophic Limit
$2.25 Catastrophic cost-sharing: Generic/ Preferred Drug
Low-Income Subsidy Co-Payments (LIS)
Full Benefit Dual Eligibles w/incomes
≤ 100% Federal Poverty Level
$1.05 Generic/Preferred Drugs
$0.00 Above Catastrophic Limit
Full Benefit Duals with Incomes
>100% Federal Poverty Level &
Other Full-Subsidy Eligible Beneficiaries
$2.25 Generic/preferred drugs
$0.00 Above Catastrophic Limit
Partial Subsidy Eligible Beneficiaries
$56.00 Deductible
15% Co-insurance to ICL
$2.25 Generics above catastrophic limit
$5.60 Others above catastrophic limit
Copyright 2007 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
2. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the dog.
See photo http://www.njlaws.com/vercammen_family_2007.htm
One of the pleasures of this holiday season is the opportunity it gives to thank many people for their friendship, goodwill and the very pleasant association we enjoy. We sincerely appreciate this relationship and are thankful for the confidence many people have shown in us. We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
In the true spirit of the season, may we all be thankful and share in the hope for peace on earth and goodwill toward our fellow man.
May the new year bring happiness and good health to you and those you love.
More Holiday cheer at this great site:
http://holidays.blastcomm.com/
HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
Wesoly Siat, Bozega Narodzenia [Merry Christmas in Polish}
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
3. More Elder Law & Estate Planning articles added to website http://centraljerseyelderlaw.com/:
Wills
Answers to Probate Questions
Power of Attorney
Living Wills
Executor - Duties & Responsibilities
Trusts v. Wills
Wills & Estate Administration
Medicaid
Wills, Children & Guardianship
Removing an Executor of an Estate
Ten Estate Planning Ideas for Divorced/ Separated Persons
Guardianship of Disabled Adults
Wills & Estate Planning
Codicil to a Will
Elective Share of Spouse
Prenuptial Agreements
Compelling the Sale of Jointly Owned Houses-The Partition Suit
Estate/Will/Trust Inheritance Contests
Probate/ Inheritance/ Estate Administration Interview form
Estate Planning/ Guardianship Interview Form
Will Questionnaire
ALPHABETICAL LIST OF OTHER ELDER LAW/PROBATE ARTICLES
Administration of Estates, Probate and Decedents
Alzheimer Patient Estate Planning & Guardianship
Asset Protection
Attorneys Permitted as Executor
Book & Audiotapes on Elder Law
Catholic Lawyers Guild
Caveat to Will
Disclaimer by a beneficiary of an interest in a Will or Trust
Elder Law Seminars
Elective share of surviving spouse
Cancer Patients Estate Planning
Multiple Sclerosis Patients & Guardianship of Disabled Adults Estate Planning
Parkinson Patients & Guardianship of Disabled Adults Estate Planning
Single, unmarried parents Estate Planning Ideas
Stroke Victims & Guardianship of Disabled Adults Estate Planning
Estate Planning Ideas
Estate Planning for Gay and Lesbian Couples
Executor Commissions in a Probate Case
Federal HIPAA requires Power of Attorney or written document to permit family access to medical information
Free Will Seminars and Speakers Bureau
Gay and Lesbians - Living Will / Advance Directives
Guardian Law Changes
If you have no will
If Undue Influence was 'Clear,' the Will of the Elderly Testatrix is Denied Admission to Probate.
Joint Bank accounts upon Death
Letters of Instruction
Letters of Administration if No Will
Life Insurance Trusts
Middlesex Estate Council Speaker Needed
Medicaid has lien on special needs Trust
New NJ Probate Law CHAPTER 132 of 2004
New Jersey Transfer Inheritance Tax
Nursing Home and Assisted Living Facility Liability
Order to Show Cause in Probate
Power of Attorney and Estate Planning for Gay and Lesbian Couples
Probate Release Refund Bond
Probate
Probate Retainer Statement
Reverse Mortgages
3B:14-23 Powers of a Fiduciary, Executor in a Probate Estate
Rule 4:80 Application to Surrogate's Court for Probate or Administration
Rule 4:86 Action for Guardianship of a Mentally Incapacitated Person
Rule 4:87 Probate Accountings, Actions for the Settlement of Accounts
Same-Sex Couples Estate Planning
Stroke and Power of Attorney
State Planning for Gay and Lesbian Couples
Tax Law Changes
Turning House Over to Children?
Undue Influence as Defense to Will or Power of Attorney
Wills & Estate Planning for Gay & Lesbian Couples
_______________________
WE PUBLISH YOUR FORMS AND ARTICLES
To help your practice, we feature in this newsletter edition a few forms and articles PLUS tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please mail articles, suggestions or ideas you wish to share with others in our Committee.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
Send Us Your Marketing Tips
We are increasing the frequency of our newsletter. Send us your short tips on your great or new successful marketing techniques.
You can become a published ABA author. Enjoy your many ABA benefits.
Send us your articles & ideas
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
General Practice, Solo and Small Firm Division:
Elder Law Committee and the
Who We Are
The ESTATE PLANNING, PROBATE & TRUST COMMITTEE focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations. We work with the Elder Law Committee to schedule programs at the ABA Annual meeting.
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
We also seek articles on Elder Law, Probate, Wills, Medicaid and Marketing. Please send your marketing ideas and articles to us. You can become a published ABA author.
________________________________________
The Elder Law Committee of the ABA General Practice Division is directed towards general practitioners and more experienced elder law attorneys. The committee consistently sponsors programs at the Annual Meeting, the focus of which is shifting to advanced topics for the more experienced elder lawyer.
This committee also focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations.
Kenneth Vercammen, Esq. co-Chair
Jay Foonberg, Beverly Hills Co-chair, Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA JayFoonberg@aol.com>
We will also provide tips on how to promote your law office, your practice and Personal Marketing Skills in general. It does not deal with government funded "legal services" for indigent, welfare cases.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Kenv@njlaws.com
Central Jersey Elder Law www.centraljerseyelderlaw.com
NJ Elder Blog http://elder-law.blogspot.com/
Tuesday, December 18, 2007
ABA ESTATE PLANNING, PROBATE & TRUST COMMITTEE Newsletter December, 2007
ABA General Practice, Solo and Small Firm Division American Bar Association
Chairs - Kenneth Vercammen, Edison, NJ and Jay Foonberg, Beverly Hills, CA
In this issue: 1. 2008 PUBLIC BENEFIT NUMBERS
2. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the dog.
3. More Elder Law & Estate Planning articles added to website http://centraljerseyelderlaw.com/
1. 2008 PUBLIC BENEFIT NUMBERS
By Thomas D. Begley, Jr., Esquire
Every year selected public benefit numbers change. These are indexed to the cost of living. Here are some of the important numbers for 2008:
Medicaid
$1,911 Income Cap
$104,400 Maximum CSRA
$20,880 Minimum CSRA
$2,610 Maximum MMMNA
$1711.25 MMMNA (until July 1, 2007)
$513 Excess Shelter Allowance (until July 1, 2007)
Social Security
2.3% Social Security Increase
$637 SSI – Single
$956 SSI – Couple
$940 SGA - Disabled
$1,570 SGA – Blind
7.65% Tax Rate Employee
15.30% Tax Rate Self Employed
$102,000 Maximum Taxable Earnings
$1,050.00 Quarter of Coverage
$670.00 Trial Work Period
$2,185.00 Maximum Social Security Benefit
Medicare
$128 Medicare Co-Payment – NSF
$96.40 Medicare Part B Standard Premium ($82,000 income or less)
Medicare Part B –Related Premium
$135/year Deductible
$96.40/mth Standard Premium
Part B Income-Related Premium
Beneficiaries who file an individual tax return with income: Beneficiaries who file a joint tax return with income: Income-related monthly adjustment amount Total monthly premium amount
Less than or equal to $82,000 Less than or equal to $164,000 $0.00 $96.40
Greater than $82,000 and less than or equal to $102,000 Greater than $164,000 and less than or equal to $204,000 $25.80 $122.20
Greater than $102,000 and less than or equal to $153,000 Greater than $204,000 and less than or equal to $306,000 $64.50 $160.90
Greater than $153,000 and less than or equal to $205,000 Greater than $306,000 and less than or equal to $410,000 $103.30 $199.70
Greater than $205000 Greater than $410,000 $142.90 $238.40
Cost-Sharing for Part A and Part B
On October 1, 2007 the Centers for Medicare & Medicaid Services (CMS) announced Part A and Part B premiums and deductibles for 2008.[1]
$1,024/benefit period Hospital
Hospital Coinsurance
$0 Days
$256/day Days 61-90
$512/day Days 91-150
Skilled Nursing Facility Coinsurance
$0 Days 0-20
$128/day Days 21-100
Part A Premium (for voluntary enrollees only)
$233/mth With 30-39 quarters of Social Security coverage
$423/mth With 29 or fewer quarters of Social Security coverage
Part B
$135/year Deductible
$96.40/mth Standard Premium
Part B Income-Related Premium
Beneficiaries who file an individual tax return with income: Beneficiaries who file a joint tax return with income: Income-related monthly adjustment amount Total monthly premium amount
Less than or equal to $82,000 Less than or equal to $164,000 $0.00 $96.40
Greater than $82,000 and less than or equal to $102,000 Greater than $164,000 and less than or equal to $204,000 $25.80 $122.20
Greater than $102,000 and less than or equal to $153,000 Greater than $204,000 and less than or equal to $306,000 $64.50 $160.90
Greater than $153,000 and less than or equal to $205,000 Greater than $306,000 and less than or equal to $410,000 $103.30 $199.70
Greater than $205000 Greater than $410,000 $142.90 $238.40
In addition, the monthly premium rates to be paid by beneficiaries who are married, but file a separate return from their spouse and lived with their spouse at some time during the taxable year are:
Beneficiaries who are married but file a separate tax return from their spouse: Income-related monthly adjustment amount Total monthly premium amount
Less than or equal to $82,000 $0.00 $96.40
Greater than $82,000 and less than or equal to $123,000 $103.30 $199.70
Greater than $123,000 $142.00 $238.40
Standard Part D Cost-Sharing for 2008
On April 2, 2007 CMS issued information about Part D cost-sharing for 2008:[2]
$27.93 Base Beneficiary Premium
$275.00 Deductible
$2,510.00 Initial Coverage Limit
$4,050.00 Out-of-pocket Threshold
$5,726.25 Total Covered Part D Drugs to Get to Catastrophic Limit
$2.25 Catastrophic cost-sharing: Generic/ Preferred Drug
Low-Income Subsidy Co-Payments (LIS)
Full Benefit Dual Eligibles w/incomes
≤ 100% Federal Poverty Level
$1.05 Generic/Preferred Drugs
$0.00 Above Catastrophic Limit
Full Benefit Duals with Incomes
>100% Federal Poverty Level &
Other Full-Subsidy Eligible Beneficiaries
$2.25 Generic/preferred drugs
$0.00 Above Catastrophic Limit
Partial Subsidy Eligible Beneficiaries
$56.00 Deductible
15% Co-insurance to ICL
$2.25 Generics above catastrophic limit
$5.60 Others above catastrophic limit
Copyright 2007 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
2. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the dog.
See photo http://www.njlaws.com/vercammen_family_2007.htm
One of the pleasures of this holiday season is the opportunity it gives to thank many people for their friendship, goodwill and the very pleasant association we enjoy. We sincerely appreciate this relationship and are thankful for the confidence many people have shown in us. We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
In the true spirit of the season, may we all be thankful and share in the hope for peace on earth and goodwill toward our fellow man.
May the new year bring happiness and good health to you and those you love.
More Holiday cheer at this great site:
http://holidays.blastcomm.com/
HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
Wesoly Siat, Bozega Narodzenia [Merry Christmas in Polish}
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
3. More Elder Law & Estate Planning articles added to website http://centraljerseyelderlaw.com/:
Wills
Answers to Probate Questions
Power of Attorney
Living Wills
Executor - Duties & Responsibilities
Trusts v. Wills
Wills & Estate Administration
Medicaid
Wills, Children & Guardianship
Removing an Executor of an Estate
Ten Estate Planning Ideas for Divorced/ Separated Persons
Guardianship of Disabled Adults
Wills & Estate Planning
Codicil to a Will
Elective Share of Spouse
Prenuptial Agreements
Compelling the Sale of Jointly Owned Houses-The Partition Suit
Estate/Will/Trust Inheritance Contests
Probate/ Inheritance/ Estate Administration Interview form
Estate Planning/ Guardianship Interview Form
Will Questionnaire
ALPHABETICAL LIST OF OTHER ELDER LAW/PROBATE ARTICLES
Administration of Estates, Probate and Decedents
Alzheimer Patient Estate Planning & Guardianship
Asset Protection
Attorneys Permitted as Executor
Book & Audiotapes on Elder Law
Catholic Lawyers Guild
Caveat to Will
Disclaimer by a beneficiary of an interest in a Will or Trust
Elder Law Seminars
Elective share of surviving spouse
Cancer Patients Estate Planning
Multiple Sclerosis Patients & Guardianship of Disabled Adults Estate Planning
Parkinson Patients & Guardianship of Disabled Adults Estate Planning
Single, unmarried parents Estate Planning Ideas
Stroke Victims & Guardianship of Disabled Adults Estate Planning
Estate Planning Ideas
Estate Planning for Gay and Lesbian Couples
Executor Commissions in a Probate Case
Federal HIPAA requires Power of Attorney or written document to permit family access to medical information
Free Will Seminars and Speakers Bureau
Gay and Lesbians - Living Will / Advance Directives
Guardian Law Changes
If you have no will
If Undue Influence was 'Clear,' the Will of the Elderly Testatrix is Denied Admission to Probate.
Joint Bank accounts upon Death
Letters of Instruction
Letters of Administration if No Will
Life Insurance Trusts
Middlesex Estate Council Speaker Needed
Medicaid has lien on special needs Trust
New NJ Probate Law CHAPTER 132 of 2004
New Jersey Transfer Inheritance Tax
Nursing Home and Assisted Living Facility Liability
Order to Show Cause in Probate
Power of Attorney and Estate Planning for Gay and Lesbian Couples
Probate Release Refund Bond
Probate
Probate Retainer Statement
Reverse Mortgages
3B:14-23 Powers of a Fiduciary, Executor in a Probate Estate
Rule 4:80 Application to Surrogate's Court for Probate or Administration
Rule 4:86 Action for Guardianship of a Mentally Incapacitated Person
Rule 4:87 Probate Accountings, Actions for the Settlement of Accounts
Same-Sex Couples Estate Planning
Stroke and Power of Attorney
State Planning for Gay and Lesbian Couples
Tax Law Changes
Turning House Over to Children?
Undue Influence as Defense to Will or Power of Attorney
Wills & Estate Planning for Gay & Lesbian Couples
_______________________
WE PUBLISH YOUR FORMS AND ARTICLES
To help your practice, we feature in this newsletter edition a few forms and articles PLUS tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please mail articles, suggestions or ideas you wish to share with others in our Committee.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
Send Us Your Marketing Tips
We are increasing the frequency of our newsletter. Send us your short tips on your great or new successful marketing techniques.
You can become a published ABA author. Enjoy your many ABA benefits.
Send us your articles & ideas
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
General Practice, Solo and Small Firm Division:
Elder Law Committee and the
Who We Are
The ESTATE PLANNING, PROBATE & TRUST COMMITTEE focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations. We work with the Elder Law Committee to schedule programs at the ABA Annual meeting.
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
We also seek articles on Elder Law, Probate, Wills, Medicaid and Marketing. Please send your marketing ideas and articles to us. You can become a published ABA author.
________________________________________
The Elder Law Committee of the ABA General Practice Division is directed towards general practitioners and more experienced elder law attorneys. The committee consistently sponsors programs at the Annual Meeting, the focus of which is shifting to advanced topics for the more experienced elder lawyer.
This committee also focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations.
Kenneth Vercammen, Esq. co-Chair
Jay Foonberg, Beverly Hills Co-chair, Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA JayFoonberg@aol.com>
We will also provide tips on how to promote your law office, your practice and Personal Marketing Skills in general. It does not deal with government funded "legal services" for indigent, welfare cases.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Kenv@njlaws.com
Central Jersey Elder Law www.centraljerseyelderlaw.com
NJ Elder Blog http://elder-law.blogspot.com/
ABA General Practice, Solo and Small Firm Division American Bar Association
Chairs - Kenneth Vercammen, Edison, NJ and Jay Foonberg, Beverly Hills, CA
In this issue: 1. 2008 PUBLIC BENEFIT NUMBERS
2. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the dog.
3. More Elder Law & Estate Planning articles added to website http://centraljerseyelderlaw.com/
1. 2008 PUBLIC BENEFIT NUMBERS
By Thomas D. Begley, Jr., Esquire
Every year selected public benefit numbers change. These are indexed to the cost of living. Here are some of the important numbers for 2008:
Medicaid
$1,911 Income Cap
$104,400 Maximum CSRA
$20,880 Minimum CSRA
$2,610 Maximum MMMNA
$1711.25 MMMNA (until July 1, 2007)
$513 Excess Shelter Allowance (until July 1, 2007)
Social Security
2.3% Social Security Increase
$637 SSI – Single
$956 SSI – Couple
$940 SGA - Disabled
$1,570 SGA – Blind
7.65% Tax Rate Employee
15.30% Tax Rate Self Employed
$102,000 Maximum Taxable Earnings
$1,050.00 Quarter of Coverage
$670.00 Trial Work Period
$2,185.00 Maximum Social Security Benefit
Medicare
$128 Medicare Co-Payment – NSF
$96.40 Medicare Part B Standard Premium ($82,000 income or less)
Medicare Part B –Related Premium
$135/year Deductible
$96.40/mth Standard Premium
Part B Income-Related Premium
Beneficiaries who file an individual tax return with income: Beneficiaries who file a joint tax return with income: Income-related monthly adjustment amount Total monthly premium amount
Less than or equal to $82,000 Less than or equal to $164,000 $0.00 $96.40
Greater than $82,000 and less than or equal to $102,000 Greater than $164,000 and less than or equal to $204,000 $25.80 $122.20
Greater than $102,000 and less than or equal to $153,000 Greater than $204,000 and less than or equal to $306,000 $64.50 $160.90
Greater than $153,000 and less than or equal to $205,000 Greater than $306,000 and less than or equal to $410,000 $103.30 $199.70
Greater than $205000 Greater than $410,000 $142.90 $238.40
Cost-Sharing for Part A and Part B
On October 1, 2007 the Centers for Medicare & Medicaid Services (CMS) announced Part A and Part B premiums and deductibles for 2008.[1]
$1,024/benefit period Hospital
Hospital Coinsurance
$0 Days
$256/day Days 61-90
$512/day Days 91-150
Skilled Nursing Facility Coinsurance
$0 Days 0-20
$128/day Days 21-100
Part A Premium (for voluntary enrollees only)
$233/mth With 30-39 quarters of Social Security coverage
$423/mth With 29 or fewer quarters of Social Security coverage
Part B
$135/year Deductible
$96.40/mth Standard Premium
Part B Income-Related Premium
Beneficiaries who file an individual tax return with income: Beneficiaries who file a joint tax return with income: Income-related monthly adjustment amount Total monthly premium amount
Less than or equal to $82,000 Less than or equal to $164,000 $0.00 $96.40
Greater than $82,000 and less than or equal to $102,000 Greater than $164,000 and less than or equal to $204,000 $25.80 $122.20
Greater than $102,000 and less than or equal to $153,000 Greater than $204,000 and less than or equal to $306,000 $64.50 $160.90
Greater than $153,000 and less than or equal to $205,000 Greater than $306,000 and less than or equal to $410,000 $103.30 $199.70
Greater than $205000 Greater than $410,000 $142.90 $238.40
In addition, the monthly premium rates to be paid by beneficiaries who are married, but file a separate return from their spouse and lived with their spouse at some time during the taxable year are:
Beneficiaries who are married but file a separate tax return from their spouse: Income-related monthly adjustment amount Total monthly premium amount
Less than or equal to $82,000 $0.00 $96.40
Greater than $82,000 and less than or equal to $123,000 $103.30 $199.70
Greater than $123,000 $142.00 $238.40
Standard Part D Cost-Sharing for 2008
On April 2, 2007 CMS issued information about Part D cost-sharing for 2008:[2]
$27.93 Base Beneficiary Premium
$275.00 Deductible
$2,510.00 Initial Coverage Limit
$4,050.00 Out-of-pocket Threshold
$5,726.25 Total Covered Part D Drugs to Get to Catastrophic Limit
$2.25 Catastrophic cost-sharing: Generic/ Preferred Drug
Low-Income Subsidy Co-Payments (LIS)
Full Benefit Dual Eligibles w/incomes
≤ 100% Federal Poverty Level
$1.05 Generic/Preferred Drugs
$0.00 Above Catastrophic Limit
Full Benefit Duals with Incomes
>100% Federal Poverty Level &
Other Full-Subsidy Eligible Beneficiaries
$2.25 Generic/preferred drugs
$0.00 Above Catastrophic Limit
Partial Subsidy Eligible Beneficiaries
$56.00 Deductible
15% Co-insurance to ICL
$2.25 Generics above catastrophic limit
$5.60 Others above catastrophic limit
Copyright 2007 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
2. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the dog.
See photo http://www.njlaws.com/vercammen_family_2007.htm
One of the pleasures of this holiday season is the opportunity it gives to thank many people for their friendship, goodwill and the very pleasant association we enjoy. We sincerely appreciate this relationship and are thankful for the confidence many people have shown in us. We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
In the true spirit of the season, may we all be thankful and share in the hope for peace on earth and goodwill toward our fellow man.
May the new year bring happiness and good health to you and those you love.
More Holiday cheer at this great site:
http://holidays.blastcomm.com/
HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
Wesoly Siat, Bozega Narodzenia [Merry Christmas in Polish}
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
3. More Elder Law & Estate Planning articles added to website http://centraljerseyelderlaw.com/:
Wills
Answers to Probate Questions
Power of Attorney
Living Wills
Executor - Duties & Responsibilities
Trusts v. Wills
Wills & Estate Administration
Medicaid
Wills, Children & Guardianship
Removing an Executor of an Estate
Ten Estate Planning Ideas for Divorced/ Separated Persons
Guardianship of Disabled Adults
Wills & Estate Planning
Codicil to a Will
Elective Share of Spouse
Prenuptial Agreements
Compelling the Sale of Jointly Owned Houses-The Partition Suit
Estate/Will/Trust Inheritance Contests
Probate/ Inheritance/ Estate Administration Interview form
Estate Planning/ Guardianship Interview Form
Will Questionnaire
ALPHABETICAL LIST OF OTHER ELDER LAW/PROBATE ARTICLES
Administration of Estates, Probate and Decedents
Alzheimer Patient Estate Planning & Guardianship
Asset Protection
Attorneys Permitted as Executor
Book & Audiotapes on Elder Law
Catholic Lawyers Guild
Caveat to Will
Disclaimer by a beneficiary of an interest in a Will or Trust
Elder Law Seminars
Elective share of surviving spouse
Cancer Patients Estate Planning
Multiple Sclerosis Patients & Guardianship of Disabled Adults Estate Planning
Parkinson Patients & Guardianship of Disabled Adults Estate Planning
Single, unmarried parents Estate Planning Ideas
Stroke Victims & Guardianship of Disabled Adults Estate Planning
Estate Planning Ideas
Estate Planning for Gay and Lesbian Couples
Executor Commissions in a Probate Case
Federal HIPAA requires Power of Attorney or written document to permit family access to medical information
Free Will Seminars and Speakers Bureau
Gay and Lesbians - Living Will / Advance Directives
Guardian Law Changes
If you have no will
If Undue Influence was 'Clear,' the Will of the Elderly Testatrix is Denied Admission to Probate.
Joint Bank accounts upon Death
Letters of Instruction
Letters of Administration if No Will
Life Insurance Trusts
Middlesex Estate Council Speaker Needed
Medicaid has lien on special needs Trust
New NJ Probate Law CHAPTER 132 of 2004
New Jersey Transfer Inheritance Tax
Nursing Home and Assisted Living Facility Liability
Order to Show Cause in Probate
Power of Attorney and Estate Planning for Gay and Lesbian Couples
Probate Release Refund Bond
Probate
Probate Retainer Statement
Reverse Mortgages
3B:14-23 Powers of a Fiduciary, Executor in a Probate Estate
Rule 4:80 Application to Surrogate's Court for Probate or Administration
Rule 4:86 Action for Guardianship of a Mentally Incapacitated Person
Rule 4:87 Probate Accountings, Actions for the Settlement of Accounts
Same-Sex Couples Estate Planning
Stroke and Power of Attorney
State Planning for Gay and Lesbian Couples
Tax Law Changes
Turning House Over to Children?
Undue Influence as Defense to Will or Power of Attorney
Wills & Estate Planning for Gay & Lesbian Couples
_______________________
WE PUBLISH YOUR FORMS AND ARTICLES
To help your practice, we feature in this newsletter edition a few forms and articles PLUS tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please mail articles, suggestions or ideas you wish to share with others in our Committee.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
Send Us Your Marketing Tips
We are increasing the frequency of our newsletter. Send us your short tips on your great or new successful marketing techniques.
You can become a published ABA author. Enjoy your many ABA benefits.
Send us your articles & ideas
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
General Practice, Solo and Small Firm Division:
Elder Law Committee and the
Who We Are
The ESTATE PLANNING, PROBATE & TRUST COMMITTEE focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations. We work with the Elder Law Committee to schedule programs at the ABA Annual meeting.
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
We also seek articles on Elder Law, Probate, Wills, Medicaid and Marketing. Please send your marketing ideas and articles to us. You can become a published ABA author.
________________________________________
The Elder Law Committee of the ABA General Practice Division is directed towards general practitioners and more experienced elder law attorneys. The committee consistently sponsors programs at the Annual Meeting, the focus of which is shifting to advanced topics for the more experienced elder lawyer.
This committee also focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations.
Kenneth Vercammen, Esq. co-Chair
Jay Foonberg, Beverly Hills Co-chair, Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA JayFoonberg@aol.com>
We will also provide tips on how to promote your law office, your practice and Personal Marketing Skills in general. It does not deal with government funded "legal services" for indigent, welfare cases.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Kenv@njlaws.com
Central Jersey Elder Law www.centraljerseyelderlaw.com
NJ Elder Blog http://elder-law.blogspot.com/
Sunday, December 02, 2007
ABA ELDER LAW COMMITTEE Newsletter November 2007
ABA General Practice, Solo and Small Firm Division
Chairs - Kenneth Vercammen, Edison, NJ and Jay Foonberg, Beverly Hills, CA
In this issue:
1. USING THE AHLBORN DECISION TO REDUCE A MEDICAID LIEN
2 EXECUTOR OF A WILL- DUTIES AND RESPONSIBILITIES
3. BALANCE BILLING between the Medicaid program and the Medicare program.
1. USING THE AHLBORN DECISION TO REDUCE A MEDICAID LIEN
By: Thomas D. Begley, Jr., Esquire
What could be done when the Medicaid lien is so large that it would consume all or a substantial portion of the recovery.
A recent United States Supreme Court case has provided personal injury attorneys with ammunition to reduce a Medicaid lien in a personal injury case so that the payment to the State Medicaid Agency is fair and reasonable. After a series of cases around the country divided on the issue as to whether the State Medicaid Agency may recover from that portion of a settlement not earmarked for past medical expenses the United States Supreme Court decided the issue in the Ahlborn case,[1]The Court held that federal law requires states to ascertain the legal liability of third parties and to seek reimbursement for medical assistance to the extent of such legal liability. The state is considered to have acquired the rights of the injured party to payment by any other party for such health care items or services. As a condition of Medicaid eligibility, the individual is required to assign to the state any rights to payment for medical care from any third party. The Arkansas statute required that if the lien exceeds the portion of the settlement representing medical costs, satisfaction of the lien requires payment out of proceeds meant to compensate the recipient for damages distinct from medical costs, such as pain and suffering, lost wages, and loss of future earnings.
In the Ahlborn case, the plaintiff was involved in an automobile accident. Medicaid paid $215,645.30 on her behalf. Plaintiff filed suit for past medical costs and for other items, including pain and suffering, loss of earnings and working time, and permanent impairment of her future earning ability. The case was settled for $550,000, which was not allocated between categories of damages. The parties stipulated that the settlement amounted to approximately 1/6th of the reasonable value of Ahlborn’s claim. The court stated that the federal requirement that states “seek reimbursement for medical assistance to the extent of such legal liability” refers to the legal liability of third parties to pay for care and services available under the plan.” Here, because the plaintiff received only 1/6th of her overall damages, the right of the state of Arkansas was limited to 1/6th of the past medical claim or $35,581.47.
The court also held that 42 U.S.C. §1396p(a)(1) prohibits states from imposing liens “against the property of any individual prior to his death on account of medical assistance paid...on his behalf under the state plan.” This prevents the state from attaching the non-past medical portion of the settlement. As a result of this ruling, states can assert a Medicaid lien only against that portion of a settlement earmarked for past medical expenses. The state may not recover against non-medical expense claims, such as pain and suffering, loss or earnings and permanent loss of future earnings. Needless to say, it is good practice in a personal injury settlement to make a clear allocation of damages.
Allocation is not only important, but must be fair. As Justice Stevens said in the Ahlborn opinion, “Although more colorable, the alternative argument that a rule of full reimbursement is needed generally to avoid the risk of settlement manipulation also fails. The risk that parties to a tort suit will allocate away the state’s interest can be avoided either by obtaining the state’s advanced agreement to an allocation or, if necessary, by submitting the matter to a court for a decision.”
Copyright 2007 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
2 EXECUTOR OF A WILL- DUTIES AND RESPONSIBILITIES
Compiled by Kenneth A. Vercammen, Esq.
Providing service to worried clients who are not familiar with the legal requirements is important to Elder Law attorneys. The following short article can be revised and sent to your clients who are executors or administrators of estates.
The procedures in an Estate Administration may take from six months to several years, and a client’s patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice. The following a is portion of the details you may wish to inform clients who are executor after you have been retained:
Duty of Executor in Probate Estate Administration
1. Conduct a thorough search of the decedent's personal papers and effects for any evidence which might point you in the direction of a potential creditor;
2. Carefully examine the decedent's checkbook and check register for recurring payments, as these may indicate an existing debt;
3. Contact the issuer of each credit card that the decedent had in his/her possession at the time of his/ her death;
4. Contact all parties who provided medical care, treatment, or assistance to the decedent prior to his/her death;
Your attorney will not be able to file the NJ inheritance tax return until it is clear as to the amounts of the medical bills. Medical expenses can be deducted in the inheritance tax.
Under United States Supreme Court Case, Tulsa Professional Collection Services, Inc., v. Joanne Pope, Executrix of the Estate of H. Everett Pope, Jr., Deceased, the Personal Representative in every estate is personally responsible to provide actual notice to all known or "readily ascertainable" creditors of the decedent. This means that is your responsibility to diligently search for any "readily ascertainable" creditors.
Other duties/ Executor to Do
Bring Will to Surrogate
Apply to Federal Tax ID #
Set up Estate Account at bank (pay all bills from estate account)
Pay Bills
Notice of Probate to Beneficiaries (Attorney can handle)
If charity, notice to Atty General (Attorney can handle)
File notice of Probate with Surrogate (Attorney can handle)
File first Federal and State Income Tax Return [CPA- ex Marc Kane]
Prepare Inheritance Tax Return and obtain Tax Waivers (Attorney can handle)
File waivers within 8 months upon receipt (Attorney can handle)
Prepare Informal Accounting
Prepare Release and Refunding Bond (Attorney can handle)
Obtain Child Support Judgment clearance (Attorney will handle)
Let's review the major duties involved-
In General. The executor's job is to (1) administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and (2) distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the Will). Let's take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary.
Probate. The executor must "probate" the Will. Probate is a process by which a Will is admitted. This means that the Will is given legal effect by the court. The court's decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will.
An employer identification number ("EIN") should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estate's behalf.
Pay the Debts. The claims of the estate's creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys', accountants' and appraisers' fees, must also be paid.
Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on.
Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Tax returns that will need to be filed can include the estate's income tax return (both federal and state), the federal estate-tax return, the state death tax return (estate and/or inheritance), and the deceased's final income tax return (federal and state). Taxes usually must be paid before other debts. In many instances, federal estate-tax returns are not needed as the size of the estate will be under the amount for which a federal estate-tax return is required.
Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the "fair market" value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return. Occasionally, the return will be audited.
Distribute the Assets. After all debts and expenses have been paid, the executor will distribute the assets. Frequently, beneficiaries can receive partial distributions of their inheritance without having to wait for the closing of the estate.
Under increasingly complex laws and rulings, particularly with respect to taxes, in larger estates an executor can be in charge for two or three years before the estate administration is completed. If the job is to be done without unnecessary cost and without causing undue hardship and delay for the beneficiaries of the estate, the executor should have an understanding of the many problems involved and an organization created for settling estates. In short, an executor should have experience
At some point in time, you may be asked to serve as the executor of the estate of a relative or friend, or you may ask someone to serve as your executor. An executor's job comes with many legal obligations. Under certain circumstances, an executor can even be held personally liable for unpaid estate taxes. Let's review the major duties involved, which we've set out below.
In General. The executor's job is to (1) administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and (2) distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the Will). Let's take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary.
Probate. The executor must "probate" the Will. Probate is a process by which a Will is admitted. This means that the Will is given legal effect by the court. The court's decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will.
An employer identification number ("EIN") should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estate's behalf.
Pay the Debts. The claims of the estate's creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys', accountants' and appraisers' fees, must also be paid.
Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate's assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on.
Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Tax returns that will need to be filed can include the estate's income tax return (both federal and state), the federal estate-tax return, the state death tax return (estate and/or inheritance), and the deceased's final income tax return (federal and state). Taxes usually must be paid before other debts. In many instances, federal estate-tax returns are not needed as the size of the estate will be under the amount for which a federal estate-tax return is required.
Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the "fair market" value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return. Occasionally, the return will be audited.
Distribute the Assets. After all debts and expenses have been paid, the distribute the assets with extra attention and meticulous bookkeeping by the executor. Frequently, beneficiaries can receive partial distributions of their inheritance without having to wait for the closing of the estate.
Under increasingly complex laws and rulings, particularly with respect to taxes, in larger estates an executor can be in charge for two or three years before the estate administration is completed. If the job is to be done without unnecessary cost and without causing undue hardship and delay for the beneficiaries of the estate, the executor should have an understanding of the many problems involved and an organization created for settling estates. In short, an executor should have experience.
www.centraljerseyelderlaw.com
3. BALANCE BILLING between the Medicaid program and the Medicare program.
By: Thomas D. Begley, Jr., Esquire
There is a significant difference on the issue of balance billing between the Medicaid program and the Medicare program.
1. Medicaid. Medicaid reimbursement rates are very low and as a result it is often difficult to obtain services because providers refuse to accept Medicaid. It is not possible for the patient to pay the difference between the private pay rate and the Medicaid pay rate. This is known as balance billing. Medicaid participating providers must accept the Medicaid payment as “payment in full.”[1] This means that providers accepting Medicaid waive their right to bill Medicaid beneficiaries for any amounts over the Medicaid payment.
Several states have refused to allow providers to assert liens against Medicaid beneficiaries where there is clear third party liability and the Medicaid beneficiary has obtained a significant tort recovery.
In Illinois,[2] the hospital brought an action against the Medicaid agency to allow it to refund the Medicaid reimbursement so that it could sue the Medicaid beneficiary who had obtained a substantial tort judgment. The Seventh Circuit held that the hospital could not refund the Medicaid payment to the Medicaid agency and sue the Medicaid beneficiary. The Court noted, “Medicaid is a payer of last resort.” The state can seek reimbursement from third parties, but private providers may not.
In a similar case in Florida,[3] the hospital placed a lien on the settlement award, but the court held that when a Medicaid patient obtains a tort recovery in excess of the medical expenditures paid by Medicaid, that recovery is meant to go to the injured party, not the provider. A similar result was reached in another Florida case.[4]
A federal appellate court has found that a hospital’s lien on the proceeds of a malpractice settlement was invalid and unenforceable because the hospital had already accepted Medicaid payments for the care provided to the patient.[5] “By accepting Medicaid payments, Spectrum waived its right to its customary fee for services provided to Bowling...” “Although Medicaid rates are typically lower than a service provider’s customary fees, medical service providers must accept state-approved Medicaid payment as payment in full and may not require that patients pay anything beyond that amount.”
California invalidated two state statutes authorizing provider liens against Medicaid beneficiaries.[6] The statutes authorized providers to file liens against recoveries obtained by Medicaid beneficiaries even after the provider received Medicaid. The court found that the state statutes were preempted by federal legislation banning balance billing.
2. Medicare. Previously, Medicare had a prohibition against billing Medicare beneficiaries in excess of the payment made by Medicare. Participation has been limited to providers who agreed to accept Medicare as payment in full. Recent changes in the Medicare law[7] now permit a provider to bill a Medicare beneficiary or assert a lien against the beneficiary's recovery obtained from the tortfeasor by way of settlement or award.[8]
In the seminal case,[9] a hospital sought to recover from the Medicare patient more than it received from Medicare reimbursement. The 1st Circuit held that the fact that the patient recovered more than Medicare reimbursed the hospital did not entitle the hospital to charge the patient the difference between its full fee and Medicare's lower flat fee. The agreement between Medicare and the hospital was that in exchange for Medicare guaranteeing payment to the hospital, there would be no additional payment required from the Medicare beneficiary.
The recent changes now allow providers to bill the liability insurer or place a lien against the Medicare beneficiary's recovery.
142 U.S.C. §1396a(a)(25)(c); 42 C.F.R. §447.15; 42 U.S.C. §1320a-7b(d) .
2 Evanston Hospital v. Hauck, 1 F.3d 540 (7th Cir. 1993).
3 Mallo v. Public Health Trust of Dade County, 88 F.Supp.2d 1376 (S.D. Fla. 2000).
4 Public Health Trust of Dade County v. Dade County School Board, 693 So.2d 562 (Fla. Dist. Ct. App. 1996).
5 Spectrum v. Bowling, 410 F.3d 304 (6th Cir. 2005).
6 Olszewski v. Scripps Health, 135 Cal. Rptr. 2d 1 (Cal. 2003).
7 68 Fed. Reg. 43940 (July 25, 2003).
8 42 C.F.R. 411.54(c)(2).
9 Rybicki v. Hartley, 782 F.2d 260 (1st Cir. 1986).
Copyright 2007 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
_______________________
4. WE PUBLISH YOUR FORMS AND ARTICLES
To help your practice, we feature in this newsletter edition a few forms and articles PLUS tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please mail articles, suggestions or ideas you wish to share with others in our Tort and Insurance Committee.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
Send Us Your Marketing Tips
We are increasing the frequency of our newsletter. Send us your short tips on your great or new successful marketing techniques.
You can become a published ABA author. Enjoy your many ABA benefits.
Send us your articles & ideas
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
General Practice, Solo and Small Firm Division:
Elder Law Committee and the ESTATE PLANNING, PROBATE & TRUST COMMITTEE
Who We Are
This committee focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations.
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
We also seek articles on Elder Law, Probate, Wills, Medicaid and Marketing. Please send your marketing ideas and articles to us. You can become a published ABA author.
________________________________________
The Elder Law Committee of the ABA General Practice Division is directed towards general practitioners and more experienced elder law attorneys. The committee consistently sponsors programs at the Annual Meeting, the focus of which is shifting to advanced topics for the more experienced elder lawyer.
This committee also focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations.
Kenneth Vercammen, Esq. co-Chair
Jay Foonberg, Beverly Hills Co-chair, Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA JayFoonberg@aol.com>
We will also provide tips on how to promote your law office, your practice and Personal Marketing Skills in general. It does not deal with government funded "legal services" for indigent, welfare cases.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Kenv@njlaws.com
Central Jersey Elder Lawwww.centraljerseyelderlaw.com
NJ Elder Blog http://elder-law.blogspot.com/
ABA General Practice, Solo and Small Firm Division
Chairs - Kenneth Vercammen, Edison, NJ and Jay Foonberg, Beverly Hills, CA
In this issue:
1. USING THE AHLBORN DECISION TO REDUCE A MEDICAID LIEN
2 EXECUTOR OF A WILL- DUTIES AND RESPONSIBILITIES
3. BALANCE BILLING between the Medicaid program and the Medicare program.
1. USING THE AHLBORN DECISION TO REDUCE A MEDICAID LIEN
By: Thomas D. Begley, Jr., Esquire
What could be done when the Medicaid lien is so large that it would consume all or a substantial portion of the recovery.
A recent United States Supreme Court case has provided personal injury attorneys with ammunition to reduce a Medicaid lien in a personal injury case so that the payment to the State Medicaid Agency is fair and reasonable. After a series of cases around the country divided on the issue as to whether the State Medicaid Agency may recover from that portion of a settlement not earmarked for past medical expenses the United States Supreme Court decided the issue in the Ahlborn case,[1]The Court held that federal law requires states to ascertain the legal liability of third parties and to seek reimbursement for medical assistance to the extent of such legal liability. The state is considered to have acquired the rights of the injured party to payment by any other party for such health care items or services. As a condition of Medicaid eligibility, the individual is required to assign to the state any rights to payment for medical care from any third party. The Arkansas statute required that if the lien exceeds the portion of the settlement representing medical costs, satisfaction of the lien requires payment out of proceeds meant to compensate the recipient for damages distinct from medical costs, such as pain and suffering, lost wages, and loss of future earnings.
In the Ahlborn case, the plaintiff was involved in an automobile accident. Medicaid paid $215,645.30 on her behalf. Plaintiff filed suit for past medical costs and for other items, including pain and suffering, loss of earnings and working time, and permanent impairment of her future earning ability. The case was settled for $550,000, which was not allocated between categories of damages. The parties stipulated that the settlement amounted to approximately 1/6th of the reasonable value of Ahlborn’s claim. The court stated that the federal requirement that states “seek reimbursement for medical assistance to the extent of such legal liability” refers to the legal liability of third parties to pay for care and services available under the plan.” Here, because the plaintiff received only 1/6th of her overall damages, the right of the state of Arkansas was limited to 1/6th of the past medical claim or $35,581.47.
The court also held that 42 U.S.C. §1396p(a)(1) prohibits states from imposing liens “against the property of any individual prior to his death on account of medical assistance paid...on his behalf under the state plan.” This prevents the state from attaching the non-past medical portion of the settlement. As a result of this ruling, states can assert a Medicaid lien only against that portion of a settlement earmarked for past medical expenses. The state may not recover against non-medical expense claims, such as pain and suffering, loss or earnings and permanent loss of future earnings. Needless to say, it is good practice in a personal injury settlement to make a clear allocation of damages.
Allocation is not only important, but must be fair. As Justice Stevens said in the Ahlborn opinion, “Although more colorable, the alternative argument that a rule of full reimbursement is needed generally to avoid the risk of settlement manipulation also fails. The risk that parties to a tort suit will allocate away the state’s interest can be avoided either by obtaining the state’s advanced agreement to an allocation or, if necessary, by submitting the matter to a court for a decision.”
Copyright 2007 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
2 EXECUTOR OF A WILL- DUTIES AND RESPONSIBILITIES
Compiled by Kenneth A. Vercammen, Esq.
Providing service to worried clients who are not familiar with the legal requirements is important to Elder Law attorneys. The following short article can be revised and sent to your clients who are executors or administrators of estates.
The procedures in an Estate Administration may take from six months to several years, and a client’s patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice. The following a is portion of the details you may wish to inform clients who are executor after you have been retained:
Duty of Executor in Probate Estate Administration
1. Conduct a thorough search of the decedent's personal papers and effects for any evidence which might point you in the direction of a potential creditor;
2. Carefully examine the decedent's checkbook and check register for recurring payments, as these may indicate an existing debt;
3. Contact the issuer of each credit card that the decedent had in his/her possession at the time of his/ her death;
4. Contact all parties who provided medical care, treatment, or assistance to the decedent prior to his/her death;
Your attorney will not be able to file the NJ inheritance tax return until it is clear as to the amounts of the medical bills. Medical expenses can be deducted in the inheritance tax.
Under United States Supreme Court Case, Tulsa Professional Collection Services, Inc., v. Joanne Pope, Executrix of the Estate of H. Everett Pope, Jr., Deceased, the Personal Representative in every estate is personally responsible to provide actual notice to all known or "readily ascertainable" creditors of the decedent. This means that is your responsibility to diligently search for any "readily ascertainable" creditors.
Other duties/ Executor to Do
Bring Will to Surrogate
Apply to Federal Tax ID #
Set up Estate Account at bank (pay all bills from estate account)
Pay Bills
Notice of Probate to Beneficiaries (Attorney can handle)
If charity, notice to Atty General (Attorney can handle)
File notice of Probate with Surrogate (Attorney can handle)
File first Federal and State Income Tax Return [CPA- ex Marc Kane]
Prepare Inheritance Tax Return and obtain Tax Waivers (Attorney can handle)
File waivers within 8 months upon receipt (Attorney can handle)
Prepare Informal Accounting
Prepare Release and Refunding Bond (Attorney can handle)
Obtain Child Support Judgment clearance (Attorney will handle)
Let's review the major duties involved-
In General. The executor's job is to (1) administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and (2) distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the Will). Let's take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary.
Probate. The executor must "probate" the Will. Probate is a process by which a Will is admitted. This means that the Will is given legal effect by the court. The court's decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will.
An employer identification number ("EIN") should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estate's behalf.
Pay the Debts. The claims of the estate's creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys', accountants' and appraisers' fees, must also be paid.
Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on.
Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Tax returns that will need to be filed can include the estate's income tax return (both federal and state), the federal estate-tax return, the state death tax return (estate and/or inheritance), and the deceased's final income tax return (federal and state). Taxes usually must be paid before other debts. In many instances, federal estate-tax returns are not needed as the size of the estate will be under the amount for which a federal estate-tax return is required.
Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the "fair market" value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return. Occasionally, the return will be audited.
Distribute the Assets. After all debts and expenses have been paid, the executor will distribute the assets. Frequently, beneficiaries can receive partial distributions of their inheritance without having to wait for the closing of the estate.
Under increasingly complex laws and rulings, particularly with respect to taxes, in larger estates an executor can be in charge for two or three years before the estate administration is completed. If the job is to be done without unnecessary cost and without causing undue hardship and delay for the beneficiaries of the estate, the executor should have an understanding of the many problems involved and an organization created for settling estates. In short, an executor should have experience
At some point in time, you may be asked to serve as the executor of the estate of a relative or friend, or you may ask someone to serve as your executor. An executor's job comes with many legal obligations. Under certain circumstances, an executor can even be held personally liable for unpaid estate taxes. Let's review the major duties involved, which we've set out below.
In General. The executor's job is to (1) administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and (2) distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the Will). Let's take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary.
Probate. The executor must "probate" the Will. Probate is a process by which a Will is admitted. This means that the Will is given legal effect by the court. The court's decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will.
An employer identification number ("EIN") should be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estate's behalf.
Pay the Debts. The claims of the estate's creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys', accountants' and appraisers' fees, must also be paid.
Manage the Estate. The executor takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate's assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain stock power, tax waivers, file affidavits, and so on.
Take Care of Tax Matters. The executor is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The executor can, in some cases be held personally liable for unpaid taxes of the estate. Tax returns that will need to be filed can include the estate's income tax return (both federal and state), the federal estate-tax return, the state death tax return (estate and/or inheritance), and the deceased's final income tax return (federal and state). Taxes usually must be paid before other debts. In many instances, federal estate-tax returns are not needed as the size of the estate will be under the amount for which a federal estate-tax return is required.
Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the "fair market" value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return. Occasionally, the return will be audited.
Distribute the Assets. After all debts and expenses have been paid, the distribute the assets with extra attention and meticulous bookkeeping by the executor. Frequently, beneficiaries can receive partial distributions of their inheritance without having to wait for the closing of the estate.
Under increasingly complex laws and rulings, particularly with respect to taxes, in larger estates an executor can be in charge for two or three years before the estate administration is completed. If the job is to be done without unnecessary cost and without causing undue hardship and delay for the beneficiaries of the estate, the executor should have an understanding of the many problems involved and an organization created for settling estates. In short, an executor should have experience.
www.centraljerseyelderlaw.com
3. BALANCE BILLING between the Medicaid program and the Medicare program.
By: Thomas D. Begley, Jr., Esquire
There is a significant difference on the issue of balance billing between the Medicaid program and the Medicare program.
1. Medicaid. Medicaid reimbursement rates are very low and as a result it is often difficult to obtain services because providers refuse to accept Medicaid. It is not possible for the patient to pay the difference between the private pay rate and the Medicaid pay rate. This is known as balance billing. Medicaid participating providers must accept the Medicaid payment as “payment in full.”[1] This means that providers accepting Medicaid waive their right to bill Medicaid beneficiaries for any amounts over the Medicaid payment.
Several states have refused to allow providers to assert liens against Medicaid beneficiaries where there is clear third party liability and the Medicaid beneficiary has obtained a significant tort recovery.
In Illinois,[2] the hospital brought an action against the Medicaid agency to allow it to refund the Medicaid reimbursement so that it could sue the Medicaid beneficiary who had obtained a substantial tort judgment. The Seventh Circuit held that the hospital could not refund the Medicaid payment to the Medicaid agency and sue the Medicaid beneficiary. The Court noted, “Medicaid is a payer of last resort.” The state can seek reimbursement from third parties, but private providers may not.
In a similar case in Florida,[3] the hospital placed a lien on the settlement award, but the court held that when a Medicaid patient obtains a tort recovery in excess of the medical expenditures paid by Medicaid, that recovery is meant to go to the injured party, not the provider. A similar result was reached in another Florida case.[4]
A federal appellate court has found that a hospital’s lien on the proceeds of a malpractice settlement was invalid and unenforceable because the hospital had already accepted Medicaid payments for the care provided to the patient.[5] “By accepting Medicaid payments, Spectrum waived its right to its customary fee for services provided to Bowling...” “Although Medicaid rates are typically lower than a service provider’s customary fees, medical service providers must accept state-approved Medicaid payment as payment in full and may not require that patients pay anything beyond that amount.”
California invalidated two state statutes authorizing provider liens against Medicaid beneficiaries.[6] The statutes authorized providers to file liens against recoveries obtained by Medicaid beneficiaries even after the provider received Medicaid. The court found that the state statutes were preempted by federal legislation banning balance billing.
2. Medicare. Previously, Medicare had a prohibition against billing Medicare beneficiaries in excess of the payment made by Medicare. Participation has been limited to providers who agreed to accept Medicare as payment in full. Recent changes in the Medicare law[7] now permit a provider to bill a Medicare beneficiary or assert a lien against the beneficiary's recovery obtained from the tortfeasor by way of settlement or award.[8]
In the seminal case,[9] a hospital sought to recover from the Medicare patient more than it received from Medicare reimbursement. The 1st Circuit held that the fact that the patient recovered more than Medicare reimbursed the hospital did not entitle the hospital to charge the patient the difference between its full fee and Medicare's lower flat fee. The agreement between Medicare and the hospital was that in exchange for Medicare guaranteeing payment to the hospital, there would be no additional payment required from the Medicare beneficiary.
The recent changes now allow providers to bill the liability insurer or place a lien against the Medicare beneficiary's recovery.
142 U.S.C. §1396a(a)(25)(c); 42 C.F.R. §447.15; 42 U.S.C. §1320a-7b(d) .
2 Evanston Hospital v. Hauck, 1 F.3d 540 (7th Cir. 1993).
3 Mallo v. Public Health Trust of Dade County, 88 F.Supp.2d 1376 (S.D. Fla. 2000).
4 Public Health Trust of Dade County v. Dade County School Board, 693 So.2d 562 (Fla. Dist. Ct. App. 1996).
5 Spectrum v. Bowling, 410 F.3d 304 (6th Cir. 2005).
6 Olszewski v. Scripps Health, 135 Cal. Rptr. 2d 1 (Cal. 2003).
7 68 Fed. Reg. 43940 (July 25, 2003).
8 42 C.F.R. 411.54(c)(2).
9 Rybicki v. Hartley, 782 F.2d 260 (1st Cir. 1986).
Copyright 2007 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
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4. WE PUBLISH YOUR FORMS AND ARTICLES
To help your practice, we feature in this newsletter edition a few forms and articles PLUS tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please mail articles, suggestions or ideas you wish to share with others in our Tort and Insurance Committee.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
Send Us Your Marketing Tips
We are increasing the frequency of our newsletter. Send us your short tips on your great or new successful marketing techniques.
You can become a published ABA author. Enjoy your many ABA benefits.
Send us your articles & ideas
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
General Practice, Solo and Small Firm Division:
Elder Law Committee and the ESTATE PLANNING, PROBATE & TRUST COMMITTEE
Who We Are
This committee focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations.
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
We also seek articles on Elder Law, Probate, Wills, Medicaid and Marketing. Please send your marketing ideas and articles to us. You can become a published ABA author.
________________________________________
The Elder Law Committee of the ABA General Practice Division is directed towards general practitioners and more experienced elder law attorneys. The committee consistently sponsors programs at the Annual Meeting, the focus of which is shifting to advanced topics for the more experienced elder lawyer.
This committee also focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations.
Kenneth Vercammen, Esq. co-Chair
Jay Foonberg, Beverly Hills Co-chair, Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA JayFoonberg@aol.com>
We will also provide tips on how to promote your law office, your practice and Personal Marketing Skills in general. It does not deal with government funded "legal services" for indigent, welfare cases.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Kenv@njlaws.com
Central Jersey Elder Lawwww.centraljerseyelderlaw.com
NJ Elder Blog http://elder-law.blogspot.com/
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