Interactive Legal Blog

Waivers, Penalty Periods, and the 5 Year Lookback

Letha Sgritta McDowell, CELA, InterActive Legal

On April 17, 2018, the acting director of the Centers for Medicare and Medicaid Services issued a policy clarification to all state Medicaid Directors regarding the imposition of penalty periods for individuals requesting Home and Community Based Services. The reaction to this guidance is mixed. In some states this clarification may be beneficial to many hoping to receive services in their home, while in others, this clarification may result in further delays in obtaining home services.

Individuals requesting Medicaid assistance with the payment of their nursing care expenses must meet certain eligibility criteria, both financial and non-financial, before Medicaid will begin assistance. The non-financial criteria include US Citizenship or lawful permanent resident status, state residency, and a demonstrated need for a certain level of care. The financial criteria include meeting certain income requirements and having minimal countable assets (there is no limit on non-countable assets). In addition, if an applicant or their spouse has made any uncompensated transfers, then Medicaid will impose a penalty based on the asset transfer.

How to Find the Next Superstar to Join Your Team

by Candace Wells, COO and Law Business Strategist, Attorney Alchemy

Hiring a new employee is an exciting time in your business. If it’s time to hire some help, it means you’ve met your goals and are anticipating more growth. Congratulations! You’re probably feeling a mixed bag of emotions - anticipation, excitement - maybe even a little fear. Hiring a new employee can also be daunting and a little terrifying, but don’t worry. It doesn’t have to be if you have a tried and true hiring process in place. Let’s dig in so you can start looking for your next superstar.

Watch Your Language – Irregardless of Trends

Vanessa L. Kanaga, InterActive Legal

 
If you are like most of my colleagues, the title of this piece had you grinding your teeth.  In the hopes that you might consider me a credible source and continue reading, allow me to state that I know the term "irregardless" is generally considered incorrect, convention saying that the correct term, "regardless," sufficiently conveys the same meaning.  I recently shocked CEO, Mike Graham, by telling him that irregardless is now acceptable.  Well, admittedly, I did not actually say that it is acceptable, but that I had been reading a book, Words on the Move, in which the author, John McWhorter, makes the case (and I am paraphrasing) that the English language is constantly changing, and words like irregardless may eventually make their way into the realm of acceptable speech, even in formal settings.  His point (again, in my words) is that the function of language is to communicate, and the words we use should be judged on their ability to serve that function; if they enable us to understand each other clearly, then we have no other reason to judge any particular word as "good," "bad," "right," or "wrong."  (For a much more in-depth and intelligent discussion of Words on the Move, please see this New York Times review by another writer whose work I greatly appreciate, Lynne Truss).

Keeping Your Digital Vault Complete, Correct & Current

Betsy Ehrenberg, CEO and founder of Legacy Concierge

 

With over 2.6 million deaths in the U.S. each year, family offices, wealth managers, loved ones and attorneys are often not prepared to effectively erase an electronic footprint and secure digital assets of the deceased.

Digital vaults are available from insurance companies, software providers, national banks, law firms and determined individuals using home-designed spreadsheets or password lists. Regardless of source or sophistication, users should be aware when a secure digital vault can create more problems than it was intended to solve.

First problem, is the vault complete? One easy way to determine if all needed information is in the vault is to imagine who will have access, what they are looking for and why its contents will be used. Generally, persons who need to access vault materials include spouse, sibling, child and/or attorney. Additionally, the vault builder or owner might need to use items in the vault to obtain user names and passwords. Given its many users and uses, it is vital that stored information should be easy to read and understand.

Not Just Lonely Words on a Page, but REAL People Making REAL Differences

Sally Chung, CFP, ChFC, JD, Elder Law Planning® subscriber, bestows a “basket of thanks” upon InterActive Legal’s Teresa Bush

 

Recently, InterActive Legal Director of Education and Support Services, Teresa Bush, received a sincere and generous “Thank You” from subscriber Sally Chung, who migrated over from a competitor in the Elder Law document drafting arena.

Ms. Chung had requested additional assistance in document selection and interviews within the ILS drafting suite. Teresa went above and beyond in assisting Ms. Chung with the transition from her old system to the more robust drafting system offered by InterActive Legal.

Rock-steady guidance and leadership from Teresa was rewarded in the form of a super-sized gourmet gift basket, sent virtually across the country, from our new subscriber.

We’re proud Teresa is one of our cornerstones. Rock on Teresa!

Have you Met Clayton?

Teresa Bush, JD., InterActive Legal

A television show in the early 2000's had a frequently-used bit where a popular guy would introduce his somewhat shy friend to women at the neighborhood bar with the quick line “Have you met Ted?”  It’s likely that the women otherwise never would have had the opportunity to meet Ted, as he was a bit of a wallflower.  I feel the same way about the Clayton QTIP.

Before joining InterActive Legal (ILS) in 2007, I practiced estate planning law for sixteen years, and I never once drafted a document using a Clayton QTIP.  Nor, to my knowledge, did any of the attorneys with whom I practiced.  Honestly, we didn’t pay much attention to the Clayton decision back then.  Only when I began working with ILS documents did I learn what a great option the Clayton QTIP can be for flexibility in estate planning, as an alternative – or in addition to – a disclaimer plan.  Had I not started working with ILS, I probably never would have taken the opportunity to understand this planning tool.

Are you already an Elder Lawyer?

Some attorneys feel that Elder Law and Estate Planning are distinct disciplines, and that a focus on one or the other for each individual client is critical.  Others are of the opinion that Elder Law is really just good Estate Planning.  Said another way, Estate Planning itself is already the type of asset protection engaged in by Elder Law practitioners, so Estate Planners are ideally positioned to serve Elder Law clients as well.  But which theory is correct?

In this live roundtable, our panelists will discuss the overlap between traditional Estate Planning and Elder Law asset protection planning. 

Society of Trust and Estate Practitioners (STEP) Orange County Bestows Their First Lifetime of Service Award to InterActive Legal Co-Founder

Jonathan Blattmachr recognized for years of teaching and support

Jonathan Blattmachr (on right) holding the crystal award presented by STEP Chair, Kristin Yokomoto (not pictured).  Next to Mr. Blattmachr is STEP, Orange County Program Officer, Richard Albrecht.

 

Melbourne, FL - The Society of Trust and Estate Practitioners (STEP) Orange County has honored Jonathan G. Blattmachr as the very first recipient of STEP’s Lifetime of Service Award at the 7^th Annual Institute on Tax, held February 15-16, 2018 in Newport Beach, California.

On February 15, 2018, STEP Orange County recognized Jonathan Blattmachr, the Founder of Pioneer Wealth Partners, Co-Founder and Editor-in-Chief of Interactive Legal, and Director of Estate Planning of Peak Trust Company, for his decades of contribution to the estate planning industry.  He was awarded with STEP Orange County’s first Lifetime of Service Award. 

What Elder Law Attorneys Need to Know About MSAs

Author: Joanne Marcus, MSW
Commonwealth Community Trust, Richmond, VA

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This is the third article in a series on Pooled Special Needs Trusts. Click here to read the first installment, An Overlooked Planning Option: Pooled Special Needs Trust.

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Medicare Set Asides (MSAs) are common in the Workers’ Comp field and may become more commonplace in liability cases sooner than later.   At settlement, many attorneys acknowledge that their clients are incapable of managing the settlement proceeds, but many do not know the effect that an award can have on means-tested benefits such as Medicaid and SSI. 

Estate Planning Under the 2017 Tax Reconciliation Act

President Trump signed the Tax Cuts and Jobs Act into law on December 22, 2017, making massive changes to business, personal, and estate tax rules. Every aspect of planning will be affected: asset protection, charitable giving, planning for itemized deductions, choice of entity, trust income tax planning, the structure of trusts (grantor vs. non-grantor, ING, SLATs, DAPTs, etc.), and more.

This is the most sweeping tax legislation since the 1986 tax act. It might also be the most quickly cobbled together and passed piece of major tax legislation ever, creating a myriad of questions and issues. It will transform estate planning. Income tax planning (and not just basis maximization), will be the new driver to motivate clients. New trust techniques will help practitioners serve this changing dynamic.

A brand-new book, "Estate Planning Under the 2017 Tax Reconciliation Act", by Martin Shenkman, Jonathan Blattmachr, and Joy Matak addresses this legislation in incredible detail.

The book explains many of the new provisions and explores how planning will change, with an emphasis on estate and transfer tax planning, and tax planning for individuals. 
We're excited to work with our partners to offer a Pre-Publication version of this ground-breaking and incredibly timely book, available for digital download as a PDF. 

*This may constitute attorney advertising.

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For more information, visit estateplanning2018.com