Interactive Legal Blog

SSA Clarifies Sole Benefit Rule: Trustees May Breathe a Little Easier

by Elizabeth Q. Boehmcke

Practitioners who regularly work with special needs clients are probably aware that the Social Security Administration ("SSA") released revisions to the Program Operating Manual System ("POMS") on April 30, 2018.  But since many of us are still processing the revisions, I hope to highlight some of them for those of us who are between CLE sessions. 

These revisions may come as welcome news to attorneys who draft special needs trusts or advise trustees of special needs trusts.  I am unfortunately limited herein primarily to highlighting the sole benefit rule revisions.  However, there were a number of important changes and if you want more details, you may want to review the full article I drafted, which you can find here.

InterActive Legal Named “10 Best Technology Solution Providers of 2018” by Industry Era Magazine

InterActive Legal was recently certified by Industry Era, a digital technology magazine that features enterprise solutions that can play a key part in redefining the business goals of organizations, as one of the “10 Best Technology Solution Providers of 2018”.

Firmly established at the forefront of the industry, Estate Planning and Elder Law professionals turn to InterActive Legal’s flexible and intuitive drafting systems as their main resource for the latest in planning strategies, education, and professional collaboration.

Read more about how InterActive Legal is continuing to change the landscape of the technology industry with its dynamic solutions.

You’re Not Doing Yourself Any Favors if You’re Not Coaching Your Team

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

You’ve spent months, years - maybe even decades - serving your clients and building your business. You’ve probably spent just as long assembling the team that helps you do it all. You brought them onboard, trained them; you know they know what they’re doing and they do a good job. You may even give your team pretty regular feedback so they continue to improve and learn how to do new things. Maybe you go a step further and conduct a formal review every year. This is probably the time that you discuss job performance and maybe dole out a raise or two. Bravo! These are all the trademarks of a good boss and you’re probably miles ahead of the curve. But, have you ever coached your team? If you’re not sure what I mean, read on.

InterActive Legal Promotes Vanessa Kanaga to President

Melbourne, FL - InterActive Legal, a knowledge company and software solutions provider in the legal arena of trusts and estates, elder law, and special needs planning, announced this month the promotion of its 5-year veteran Director of Content Development, Vanessa Kanaga, to the office of President effective July 1st, 2018.  She will be involved in directing the day-to-day operations of the company, and will work with CEO, Michael L. Graham, to guide the company's future direction.

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.

Teresa Bush - Employee of the Quarter

Visit Teresa's bio, here. 

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. 

Advise Clients of Opportunity to Act Now to Preserve Charitable Deduction

Due to changes brought about by the new tax law, some charitably-motivated clients may wish to act now to make the most of the charitable deduction

Author: Jonathan Blattmachr Editor-in-Chief, InterActive Legal

 

The Tax Cuts and Jobs Act of 2017 (the "Act"), signed into law on December 22, 2017, makes sweeping changes to U.S. tax law.  The Act touches on almost every aspect of tax law, including the estate and gift tax.  The amount of the basic exclusion from estate tax is increased from $5 million to $10 million, which, adjusted for inflation, means that decedents dying in 2018 will have an $11.2 million exclusion from federal estate tax.  Unlike prior versions of the legislation, the final Act does not provide for the ultimate repeal of the estate tax.  Instead, it includes a "sunset" for the increased estate tax exemption, by providing that the increased basic exclusion amount applies to estates of decedents dying before January 1, 2026.

Helping Clients Understand Disbursements from a Pooled Special Needs Trust

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

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This is the second 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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The number one concern among Beneficiaries and Advocates regarding a pooled special needs trust (PSNT) is understanding how the trust and disbursement process work. Accessing the trust and requesting disbursements should not be frustrating. Upfront explanation of how the disbursement process works and how and why decisions are made can help your client avoid confusion.

Digital Marketing for your Estate Planning and Elder Law Practice

Author: Eric Needle | President, Longbow Strategic Group

In 2018, we recommend you do one thing to market your business: Engage in digital marketing.

When people search for the services you provide, they need to find your practice. If you’re not actively marketing yourself online, focused on search, then you risk losing new business.

When a Gen-X’er or Millennial needs information, they turn to Google—and other search engines.

As someone who just this year had to research living wills, trusts and managing the financial affairs of my aging parents, I understand the mindset.

Mom and Dad live two hours south of me in West Palm Beach, Florida. They shouldn’t be driving and they need help, daily. Outside of my local sphere of influence, I can’t hop in the car and rush to their defense with just a moment’s notice.

Questions I need to know include:

• How do I protect my parents?
• What are their wishes, do they have living wills, and what is a living will?
• When do I need to take control of their affairs and how do I do that?
• What is power of attorney?
• How does assisted living work?
• How do I pay for it?
• How do I manage my Dad’s VA benefits?
• or help them manage their bills, finances and taxes?

I’m sure you hear these questions—daily—in the operation of your legal practice.

When people have these questions and search online, what answers, or more importantly, where do they turn for a solution?