Hunt & Associates P.C.

Mar 8, 2017

Guardianships in Oregon: What Reforms are Needed?

Training - 030817The Oregon legislature is considering making changes to guardianship proceedings which would include uniform policies throughout the state with respect to court appointed visitors.  The visitor occupies an important place in a guardianship proceeding.  The visitor’s job is to interview and evaluate the respondent (i.e., the person who is alleged to be in need of a guardian) and then report back to the court with a recommendation whether or not to appoint a guardian. Judges … Read more

Feb 14, 2017

What Happens When Dad Gives Your Inheritance to His New Girlfriend?

InheritanceMost folks will acknowledge that an adult of sound mind is free to give his money and property to whomever he pleases, both during his lifetime and after death, as directed by his estate plan.  Such an acknowledgement, however, is subject to qualification, particularly when the soundness of the giver’s mind is called into question.  This can arise in a variety of scenarios, often when the giver makes someone new the object of his affections … Read more

Feb 7, 2017

Will the Federal Estate Tax Be Repealed this Year? If So, Will Anyone Notice?

House of RepresentativesCompanion bills have been introduced in the U.S. House of Representatives and in the Senate to repeal the federal estate tax.  On January 24, 2017, Representative Noem introduced H.R. 631 which was referred to the House’s Ways and Means Committee for consideration.   The same day, Senator Thune introduced comparable legislation in the Senate.  If enacted by Congress and signed by President Trump, no federal estate tax would be assessed against estates of decedents dying thereafter.… Read more

Jan 31, 2017

What Becomes Of Fido When You Are No Longer There?

OllieWhen most people think of estate planning, I would venture a guess that their thoughts don’t usually include making provision for their pets in the event of their own untimely passing.  That is not surprising given that most of us assume, correctly, that we will outlive our beloved four-legged companions.  However, experience shows that such is not always the case.  So, as you look deeply into the eyes of your faithful and devoted canine/feline, ask … Read more

Jan 23, 2017

The New Year Brings Some Changes to Estate Planning

Tax - 012317With the change of the calendar to a new year, there are some changes in the law which might be of interest to you and even impact your estate plan.  For example:

  • In the State of Washington, the “applicable exclusion amount” has increased from $2,079,000.00 to $2,129,000.00. By statute, the change in the exclusion tax is calculated by reference to the Seattle-Tacoma-Bremerton metropolitan area October consumer price index (CPI).  So, a Washington resident who dies
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Jan 6, 2017

Oregon Court Says “No” to DHS’ Medicaid Rule Change

Supreme Court - 010617In a long-awaited decision, the Oregon Supreme Court has struck down Medicaid repayment rules issued by the Department of Human Services in 2008.  The court ruled that DHS did not have the legal authority to issue rules which would allow it to recover Medicaid payments from assets a Medicaid recipient transferred to his or her spouse up to five years prior to applying for Medicaid.  The decision upholds a 2014 ruling from a lower court … Read more

Nov 10, 2016

Court Puts a “Hold” on New Federal Rule Banning Arbitration in Nursing Home Contracts

Senior citizensWe recently blogged about a new rule issued by The Center for Medicare and Medicaid Services (CMS) which restricts nursing homes that receive federal funds from imposing arbitration agreements on their new residents. This new rule (Rule) was scheduled to take effect on November 28, 2016.  It would prevent such facilities from requiring that their new residents sign pre-dispute arbitration agreements as a condition of entry to the facility.  CMS believed the Rule was needed … Read more

Oct 27, 2016

Long-Term Care Facilities’ Use of Arbitration Restricted by New Federal Rule

Elder to rest homeMore than 1.4 million Americans reside in one of the more than 15,000 long-term care (LTC) facilities in the U.S.[1]  Late last month, the Centers for Medicare and Medicaid Services (CMS), the federal agency responsible for those federal programs, issued new rules affecting LTC facilities which participate in Medicare or Medicaid.  Included among these new rules is a prohibition against pre-dispute arbitration provisions.

Up until now, most LTC facilities required their residents to sign … Read more