August 9, 2010 in Estate Planning, Family Law, Legal Articles, Legal News by admin

Most Health Insurance Plans Don’t Cover Autism

Most health insurance plans don’t cover autism. That may be about to change based on a bill being considered in Missouri.

Autism is far more common than we realize, but what many people don’t realize is that most health insurance plans do not provide coverage for this neurological condition. Generally speaking, since each autistic individual is different, autism causes them to have mild to severe problems communicating with others and also struggle with social interactions. In many cases, the most opportune time for intervention is in early childhood and working with a variety of programs that will help them to be able to live a near normal life.

As you might expect, treatment for this disorder runs to the tens of thousands of dollars each year and most parents don’t have access to that kind of money. Sadly, most health insurance plans won’t cover it either. However, there is encouraging news on the horizon, in the form of a bill in the works in Missouri that would require many health insurance carriers to cover autism.

The legislation mandates health insurance plans to cover up to $45,000 annually for applied behavioral analysis therapy (from a licensed provider) for kids under 18. To avoid the possibility of fraud from people posing as therapists, or less than honest therapists wanting to cash in on the insurance wagon, the state is planning on creating a new licensing process. If the bill is signed by the governor, the new rules would roll out on the 1st of January, 2011.

One of the other benefits of this bill is that it includes an annual adjustment of the cap that is tagged to inflation. While it sounds good on first read, those with autistic children do need to know there are some potential catches. Those catches would be that the law would only apply to group health insurance plans regulated by the state; that would mean plans bought through small to mid-sized companies.

For larger corporations, ones who self-insure, this bill would not apply, as they are federally regulated. For any small business that has fewer than 50 workers, an exemption may apply if they prove that the mandate caused their rates to rise over 2.5% the previous year. In a nutshell, there will be various options that include autism coverage for treatment and for diagnosis, but this will not be attached to all of the plans sold in the state.

This is great news that may have many other applications nationwide if the bill proves to be a success and keeps the overall health care budget down, thanks to early intervention allowing those with autism to live a fairly normal life.

Clelland Green is with Benepath.com, a leader in providing health insurance quotes. Benepath provides individuals, families, and businesses with affordable health insurance quotes in just a few mouse clicks. To learn more, visit http://www.benepath.com.

July 6, 2010 in Estate Planning, Legal News by jferris

Bernard A. Krooks Elected President of Estate Planning Council of Westchester County

Bernard A. Krooks, managing partner of law firm Littman Krooks LLP, has been elected president of the Estate Planning Council of Westchester County. The council was established in 1967 to improve understanding of the concepts and nuances of estate planning in order to better serve clients. Members include attorneys, CPAs, trust officers, chartered life underwriters, and certified financial planners.

“This is a great honor,” notes Krooks, “and an opportunity to contribute to changes taking place in the field. Baby boomers, parents of children with special needs – such as those with autism – and military veterans have different questions and expectations from previous generations. Estate planning professionals can play an important role in shaping more fulfilling retirements and in providing financial security to loved ones.”

Bernard Krooks has been recognized as one of the “Best Lawyers in America” and as a “New York Super Lawyer.” He is a former president of NAELA (National Academy of Elder Law Attorneys), a former president of the Special Needs Alliance, and a past chair of the Elder Law Section of the New York State Bar Association.

Littman Krooks LLP offers legal services in several areas of law, including elder law, estate planning, veterans’ benefits, special needs planning, special education advocacy,  and corporate and securities.  The firm’s offices are located at 655 Third Avenue, New York, New York; 399 Knollwood Road, White Plains, New York; and 300 Westage Business Center Drive, Fishkill, New York.

Learn more at http://www.littmankrooks.com.

Adviatech Corp., PR for LittmanKrooks.com

9280 Bay Plaza Blvd Suite 706

Tampa, FL 33619

1.800.728.5306

July 6, 2010 in Estate Planning, Legal News by jferris

Second Marriages and Estate Planning

With the number of divorces continuing to rise in the United States, there has been an increase in second marriages. Second marriages and the blended families that often result from them can pose a number of estate planning issues. This is because spouses must provide for their partners, their partner’s children, and children from the previous marriage. If you are marrying later in life and already have substantial assets, this can make the situation even more complex. One of the most difficult challenges will be using those assets to ensure that a surviving spouse is financially secure in his or her lifetime, while preserving a sizable sum for the children from your first marriage.

With a second marriage, spouses should consider how long the second marriage has lasted and the financial situation of each partner. In addition, a great deal of thought should go into what the children from the first marriage will receive if their parent is the first spouse from the new couple to pass away. If there is no prenuptial agreement in the second marriage, it is likely that the surviving spouse will get half of the deceased spouse’s assets, and this may not be what the deceased spouse would have wanted for his or her children from a previous marriage.

While second marriages can present challenges for estate planning, these issues can be resolved if clients are thoughtful and seek the advice of an experienced estate planning attorney.

Learn more at http://www.littmankrooks.com.

July 6, 2010 in Estate Planning, Legal News by jferris

The Benefits of Living Trusts for GLBT Couples

Same sex couples often encounter unique estate planning issues, as their unions are not recognized in most states, and are, therefore, not legally protected. There are, however, estate planning options open to same sex couples that can provide them with the security they need.

Living trusts are one of the best options for same sex couples because they provide the following benefits:

• Living trusts will give one partner the authority to handle the other’s assets in the event that one of them becomes disabled.

• Trusts offer more security than wills because they are harder to challenge, do not require that a notice of proceeding be sent to the closest heirs, offer privacy since they are not part of a public record, and do not cause the delay in accessing funds that wills sometimes do.

• Putting one partner’s name on the other’s assets, or establishing joint tenancy, is not as advantageous as establishing a living trust. With joint tenancy, one partner may be held responsible for the other partner’s debts and liabilities. Also, with joint tenancy a partner would lose control over these assets once the other partner has passed away.

• Under New York law, you can designate in your living trust who you want to be responsible for your funeral arrangements.

Without proper estate planning, GLBT couples can encounter significant problems, as they may be legally precluded from having any role in the decision-making related to a partner’s care, from managing his or her affairs, or even having access to the incapacitated partner. Creating a living trust will allow GLBT couples to provide for the security and future of their partners.

Learn more at http://www.littmankrooks.com.

July 6, 2010 in Estate Planning, Legal News by jferris

Receiving an Inheritance

Creating an estate plan for one’s family can be a difficult and complex process. However, receiving an inheritance can be almost as difficult as creating an estate plan, as there may be many challenges and questions that arise.

When you receive an inheritance, you will have to consider the effect this will have on your taxes. Your inheritance may incur liability for property taxes or increase your own estate so that it will be subject to estate taxes. While you are not required to pay income tax on the principal inheritance, you will have to pay income tax on the income generated by the inherited funds. Especially if the inheritance is substantial, you may want to consult an estate planning attorney to discuss the tax implications.

In addition, you may be the nominated guardian of minor children or a nominated trustee responsible for holding assets in trust for their benefit. Also, your inheritance may be held in a trust of which you are the beneficiary; your receipt of the assets is subject to the terms of that trust. These terms can sometimes be confusing and you may need an attorney to help you sort through the technical trust provisions. If you do not get along with the appointed trustee, you may need mediation or even your own estate planning attorney.

Learn more at http://www.littmankrooks.com.

May 13, 2010 in Estate Planning, Legal News by jferris

Tile or Carpet Dictates a Home’s Ambience

For the right ambience in your home, figure out what works best in each room. That may be tile or carpet.

“If you’ve been looking at your home recently and thinking that it’s time to do some updating, the first place to start is usually with the floors,” indicated Dean Dupre who runs Champion Tile, a Clearwater Flooring, Tampa Flooring, and tile installation company. There are a lot of new options on the market that didn’t used to be available and the prices are also better, so it’s worth taking a look at what is out there.

If the choices are overwhelming, narrow them down a bit and make a decision between carpet and tile. Carpet has some great benefits such as adding warmth to a room and muffling the noise factor. In many cases, carpeting is used to lay over an uneven floor; call it an augmenting material. Add in the bonus that the choices out there are numerous in terms of color, style and texture, and the world becomes an oyster of possibilities.

Choosing carpet that is patterned and textured, such as multi-looped Berber, gives a certain depth to the floor visually. And thanks to modern technology, many of the rugs today are much softer and more stain resistant than ever. This is a good thing if you have children and animals, since they quite often have “accidents” on the rug and not the tile.

“If you don’t care for trying to keep a carpet clean or pick free thanks to dog and cat claws, then tile would be your better option. Tile has even ‘more’ colors, shapes, sizes and textures than ever and the only limiting factor is your imagination. The most common tile used in homes today is ceramic and it is either unglazed or glazed,” explained Dupre. Be wary about what grade of tile is selected for the home, as only the higher grades such as III and IV glazed ceramic tiles are highly scratch resistant and still withstand a certain amount of moisture.

Remember to wipe up any liquids quickly to avoid staining the grout.
“There you have it. Carpet is less expensive, but higher maintenance. Tiles are more expensive (but not by much) and way easier to keep. In most homes today, the choice is tile simply because of how easy it is to keep clean and beautiful for a longer period of time. Carpets are nice for about the first month, until the novelty wears off and the kids start eating popcorn and coloring in the living room again, or the dog decides to bring up the grass he just ate outside right on the carpet,” Dupre said.

Ultimately the choice of what to have in the home will depend on what a person’s lifestyle happens to be. This is something that may be discussed with an expert contractor who will be able to offer suggestions and options to update the home.

To learn more, visit http://www.champtile.com.

May 13, 2010 in Estate Planning, Legal News by jferris

Coming Clean with Tiles

Cleaning tiles is the last thing people want to do. However, regular maintenance keeps them in top shape for longer.

The job of cleaning your tiles is usually the last thing anyone really wants to do on their day off. Funny how it was easy to get the tiles put in, great to admire them and show them off, but – the day came when they had to be cleaned. “The good news is if you do tile cleaning, call it maintenance on a regular basis, it’s a whole lot easier to keep the tiles looking new for longer. And honestly? It doesn’t take that much effort,” insisted Dean Dupre who runs Champion Tile, a Clearwater Flooring, Tampa Flooring, and tile installation company.

Some things to do to keep the floors looking their best are to sweep or even dry mop every couple of days during the week. This doesn’t have to be a marathon event, just a touch up. This keeps abrasive dirt from wearing out the grout and tiles. Spill something? Get it up right away because the grout is porous and soaks up liquids like a sponge.

“Something else you might want to consider is having rugs at entrances to the house and in high traffic areas. The rug will absorb the snow and rain and keep some of the road salt from getting in your house and doing damage to your floors. And, while you might recall your mom telling you to take your shoes off and hated doing it – there is a good reason she said that. Shoes are similar to sandpaper when we have dirt and grit on them. Imagine what that does to floors over time?” said Dupre.

Tiles are really popular in the bathroom and kitchen because of the lift they give to a room. Keep in mind that tiles are also susceptible to mold growth because of the damp conditions. Keep up with the mold and don’t allow it to get a foothold in the tiles. “And one other point to mention here is that if you allow the mold to grow in, on and around the tiles, if you want to sell your house, the mold will be a big issue with the real estate agent. So, do the tile cleaning thing regularly, and you won’t have anything to worry about,” Dupre added.

“If you’re looking at your floor right now and shaking your head because the tile and grout look like they packed it in years ago, don’t waste time trying to clean it. Call a contractor, because there are ways to save grout with special tools and products,” explained Dupre.

If that does have to be done, have the grout sealed. This is a good move to discourage staining and any further water damage. Choose just about any color that would work in the house to give it a new look and update the room without paying out big bucks.

To learn more, visit  http://www.champtile.com.

May 13, 2010 in Estate Planning, Legal News by jferris

Talk About Mortar-Fication

If you’re doing tiling on fresh mortar, keep the level at the right depth. If it sinks, you need to back butter it.

No, we’re not talking about food, even though you may be forgiven for thinking that since we’re talking about back buttering – something often done with bread and butter to mop up stew from your plate. In this instance, we’re referring to tiling on a mortar bed and you find out that the tile sunk below where it’s supposed to go.

If this happens, you need to remove the tile completely and back butter. Slide something under that errant tile, generally something with a flat head, and gently apply leverage from one edge and take the tile right out from the mortar bed. Start gently in case the tile decides to just pop up. While that is rare, it can happen. In most instances, you’ll be prying up the tile to loud sounds of sucking, wet mortar. This is good. If you don’t get a sound when it comes up, something is wrong with the mortar mix, as in the consistency isn’t right or the tile wasn’t forced down hard enough.

To avoid finding out later the mortar isn’t quite right, check it first before you put it down. Here is another time saving tip as well. If you haven’t done something like this before, do a trail dry run first. It may save you a lot of grief later.

Once you have the sunken tile out, check the mortar. Is it spread out evenly? No? Then your consistency is way too dry. Sure you can add some water to thicken it up, but it’s actually better if you make a new batch and get rid of the dip in the floor. If you don’t want to do that, you can do a patch repair by sticking more mortar over the dry area under the tile and spread it out properly. Remember to do the furrows in the mortar in the same direction as the ones you already did. This is called back buttering and it gives proper adhesion and fills out those floor dips.

Also remember to put that pried up tile back down in the same direction and position it was in the first place. When you put it back in, gently pressure it with your fingertips, adding in a small twisting motion, and make sure the tile is well settled. If all goes well and you did it right, the other tiles won’t get bumped out of line and the one you just fixed will look great.

Dean Dupre is with Champion Tile, a Clearwater Flooring, Tampa Flooring, and tile installation company. To learn more, visit Champtile.com.

May 13, 2010 in Estate Planning, Legal News by jferris

Tile Your Baseboards

If you want a really unique way to liven up your living space, try tiling your baseboards. It’s quite the conversation starter.

Everyone likely knows they can tile their floors, but did you know you can also have your baseboards tiled? Having baseboards that are exclusively tiles and not the usual boring wood or plastic material of some kind can make a real difference. This is one of the latest trends you might want to try in order to liven up your living space and a really creative way to add some character to your rooms.

You’ll like this easy little detail as well; you just have to glue the tile baseboards on to the foot of the wall. In other words, no hammering, varnishing or painting and what a wonderful time saver that actually makes your rooms look very “pulled together.” Add in the fact that often tile baseboards are less expensive, and you are well on your way to a snazzy new look, for a reasonable price.

Is it hard to match tile for tile baseboards? No, actually it’s not. Just use the same tiles you used on your floor and buy a few extra to do the perimeter of your walls. What’s nice about this is that you can likely use one tile and cut it three ways to make up the tiles for your baseboard. This depends on the size of the tile though, so know what it is before you start cutting and remember to properly measure your baseboard height to do the math. Most baseboards are about 4 inches tall.

Planning on using ceramic tile? Good choice, as it’s a bit easier to work with and you only have to use a ceramic tile breaker. If you want to do it another way, the other good choice is an electric wet tile saw. Just remember that using this saw takes more time to prepare the cuts and it winds up giving you uneven widths. Honestly? Stick with the ceramic tiles if you plan to do it yourself, and if not, then your tiling contractor can fiddle with the wet saw.

Don’t know how much extra to get in terms of tiles for the baseboards? If you’re using the same style of floor, all you have to do is count the number of tiles you have on each wall, add it up and divide by three to get the number you need. And one other thing? When you put the tile on the baseboards, keep the grout line in the floor in line with the grout line on the baseboard. It’s that or your floor and baseboards look really weird.

The best thing for sticking the tile on is usually a multi-purpose construction adhesive. It’s not that expensive, in fact it’s usually less than six bucks and sticks instantly, and we mean “instantly,” so handle with care and keep you animals and kids away from it. Just ask at the hardware store what would work well.

Dean Dupre is with Champion Tile, a Clearwater Flooring, Tampa Flooring, and tile installation company. To learn more, visit Champtile.com.

October 15, 2009 in Estate Planning, Legal News by admin

Creative Ways to Boost Your Social Security Income

Elder law attorney Gene L. Osofsky of the law firm Osofsky and Osofsky suggests putting on “your thinking cap” when it comes to obtaining additional social security income.

Every year, more than $10 billion in Social Security benefits go unclaimed. Asserts attorney Gene L. Osofsky of the law firm Osofsky & Osofsky, “This is primarily because married couples do not know how to optimize their social security benefits.”

Much of this unclaimed bonanza does consist of spousal benefits that most people don’t even know they’re entitled to receive. “These benefits can increase your income and solve the riddle of whether it’s more advantageous to get immediate monthly income at age 62 or wait until you’re age 66 and get a bigger check – maybe significantly bigger,” Osofsky says.

If you do wait until age 66, which the U.S. government considers full retirement age, for people born between 1943 and 1954 the monthly benefit will be one-third greater than if you take it at age 62. If you wait until age 70, the check will be 76 percent larger. The longer you live, the more it will matter, and chances are, you’ll live a long time. The typical 65-year-old can expect approximately an additional twenty years of life. Within that pertinent group of 65-year-old elders, 41 percent of women and 28 percent of men will live to age 90 – and half of those women will make it to age 95, as will one-third of the men.

Spousal benefits offer a way around the potential conundrum. “If you’re married – or if you’re divorced after ten years of marriage and haven’t remarried, you can claim a benefit not only on your own work record, but also on your spouse’s,” explains Osofsky. No, you can’t collect those benefits simultaneously. But you might be able to get them consecutively. “You can file first to get a spousal benefit, and then later to get your own benefit after it has grown as large as possible. It just has to be done in the right order,” Osofsky says.

Being astute about these spousal benefits and how they work, can result in increased social security income for a married couple. “You may be able to increase your household income substantially over time,” Osofsky concludes, “You just have to be smart about it.”

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.