Most 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 14, 2017
What Happens When Dad Gives Your Inheritance to His New Girlfriend?
Feb 7, 2017
Will the Federal Estate Tax Be Repealed this Year? If So, Will Anyone Notice?
Companion 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?
When 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
With 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
Jan 6, 2017
Oregon Court Says “No” to DHS’ Medicaid Rule Change
In 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
We 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
More 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
Oct 6, 2016
Of Death and Digital Assets: Where do You Hide your Treasures?
Most of us when asked to identify our “assets” will easily recall those items of real or personal property which can be seen or touched; i.e., our home, vehicles, jewelry, etc. With a little more thought we are likely to summon to mind our bank accounts, certificates of deposit, stock portfolios, retirement plans and 401(k) accounts as being among our assets. Relatively few people, however, are apt to identify their “digital assets” as property of … Read more
Oct 5, 2016
Charlie Ford to Speak at Another Local CLE
Charlie Ford is scheduled be a speaker at a CLE entitled “Estate Administration from Start to Finish“. The CLE is scheduled to take place on Wednesday December 21, 2016 all day beginning at 8:00 AM at the Portland Airport Radisson Hotel which is located at 6233 NE 78th Court in Portland, Oregon. He will be specifically discussing marshalling assets and distributing/closing estates. Sign up for the class using the link above to check … Read more
May 16, 2016
Planning for Your Incapacity
If there is any fear that eclipses our fear of death, I would venture to say that for many of us it is the fear of being incapacitated. I refer to that point where one is no longer able to make competent decisions on his or her own behalf or communicate one’s personal choices, needs or desires to those around him. All of us appreciate the inevitably of death and those who are prudent … Read more
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