Putting Off Getting A Will till You Fly? Think Again!

 

One of the biggest things that motivates people to our law firm to engage in estate planning or updating their wills is when they go on an airplane trip. The thoughts to traveling high in the air in a large aircraft scares people into executing wills and powers of attorney. The perception is that flying is very dangerous. However, human perception is sometimes not based in reality.

 

What is your probability of dying in a commercial airplane crash? According to statistics, you have a one in 3.5 million chance of being involved in a commercial airplane crash where at least one person dies (not necessarily you).

 

In comparison, statistics show that you have a one in 100,000 chance of dying in an automobile accident. That’s right. You are at least 35 times more likely to die riding in a car accident today than if you got on a commercial aircraft.

 

So, what is the moral of the story? Instead of waiting to estate plan when you are taking a trip on a plane, you should be much more worried about estate planning today if you are riding in a car. One should not put off estate planning or the execution of powers of attorney. Our health and/or capacity is not guaranteed. Plan today!

 

If you have any questions about wills, estate planning or powers of attorney, contact an experienced estate planning attorney.

 

Kent S. DeJean

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Can I Discharge My Student Loan in Bankruptcy?

The general answer is no. Student loans are not automatically discharged in bankruptcy. In fact, they are exempt from discharge.

In order to discharge the student loan, a debtor must file a special lawsuit called an adversarial proceeding to prove that the student loan poses an “undue hardship”. This is a very difficult burden to prove since the debtor must show that not only the debtor cannot pay the loan payments now but, that they will be unable to pay them in the future as well. Because of the high burden, discharges on student loans are limited to persons with health or disability issues.

If you have a question concerning bankruptcy, you should contact an experienced bankruptcy attorney.

 

Kent S. DeJean

 

 

New Medicaid Numbers

 

Community Spouse Resource Allowance $123,600
Resource Allowance for an Individual $2,000
Resource Allowance for a Couple
(Both husband and wife in a nursing home)
$3,000
Monthly Maintenance Needs Allowance $3,090.00
Monthly Personal Needs Allowance $38
Divestment Penalty Divisor $4,000
Maximum Home Exclusion $572,000

 

Wills Are Not Secrets!

One of the popular public myths is that wills are a big secret. From a practical stand point, this is not entirely accurate.

The fact that you have a will should not be a secret.

What is contained in the will can be a secret.

You should be very public about the fact that you have a will and where the will is located to those persons, who are named in the will.

You can be so secretive to the point that no one can find it. That defeats the whole purpose of having a will.

If you have any questions about wills, you should consult an experienced estate planning attorney. Kent S. DeJean

FREE SENIOR ALERT

 

 

 

ON

MARCH 28, 2018

AT

WYNDHAM GARDEN

5600 Bluebonnet Blvd.

Baton Rouge, LA

9:30am, 12:00pm, and 4pm

Refreshments served

 

 

 

CALL NOW TO GET YOUR DUCKS IN A ROW   225-892-9702

 

THIS FREE TALK IS A MUST IF YOU:

Þ Are a child who is beginning to worry about your parent’s health and the possibility that you may end up taking care of them.

Þ Do not have a long term care plan and you think that you have sufficient income to pay for long term care.

Þ Are already in need of long term care.

Þ Are eligible for Veteran’s benefits that may provide up to $2,126.00 per month Tax Free.

AT THIS FREE TALK YOU WILL DISCOVER:

Þ How the new tax law will impact your retirement.

Þ How to protect your home, income, and savings from the government.

Þ How to avoid probate

Þ Why a revocable living trust is a Medicaid disaster.

Þ How to increase your Social Security and Retirement income.

Free Senior Talk

There will be a Free Senior talk given at the Wyndham Garden Hotel 5600 Bluebonnet Blvd. Wednesday, March 28, 2018 at 9:30am, 12:00 and 4:00pm.  Call 225-892-9702 to reserve your spot.

How Much Monthly Social Security Benefits Will I Get When I Retire Or Am Disabled?

There is a very good online article about how your monthly Social Security Benefits. The following is the article’s website:

http://finance.yahoo.com/news/how‑social‑security‑benefits‑are‑calculated‑173545005.html?soc_src=mail&soc_trk=ma

The Social Security Administration has a website where you can calculate your own benefits yourself. The following is the Social Security Administration’s website:http://www.socialsecurity.gov/myaccount/

If you have any questions, concerning Social Security benefits, you should consult an experienced Social Security attorney. Kent S. DeJean

Don’t Delay in Getting A Powers of Attorney!

It is very common for people to put off executing powers of attorney. In fact, recent studies show that 80% of adults do not have an executed power of attorney. Most people think that powers of attorneys are for people that are sick or old.

In the real world, none of us are guaranteed capacity even today. An accident or health issue can take our mental or physical capacity away from us quickly without prior warning. We would be unable to take care of our own person and property. No one can predict when a person will lose capacity.

The execution of a valid durable powers of attorney is relatively quick, easy and fast. When a person fails to plan in advance, that person is “playing with fire”. Many learn the lesson the hard way. They wait until it is too late.  The family may be unable to get the power of attorney executed because the person has lost capacity. The family may have the person sign a power of attorney where capacity is an issue. This can lead to family disputes and/or challenges to the document.

If you have any questions concerning powers of attorney, living wills and advanced medical directives, you should contact an experienced estate planning attorney.

Kent S. DeJean

 

Don’t Go Broke in a Nursing Home

Mr. Losavio is giving a workshop at Amber Terrace Assisted Living Tuesday January 12, 2016 at 4:00pm and 6:30pm and Thursday January 14,2016 at 4:00pm an 6:30pm.  Amber Terrace Assisted Living is located at 8585 Summa Ave., Baton Rouge, LA 70809.  Seating is limited so call ahead and reserve your seat 1-800-426-6104.

Medicaid Estate Recovery: Barrier to Medicaid Enrollment

With more people becoming eligible for Medicaid, one question repeatedly comes up: “will receiving Medicaid coverage jeopardize my family home?” Depending on the circumstances, the answer can be complicated. But states can do much to make it less complex.

The fact is that states can recover against the estates of some Medicaid beneficiaries, but only after the beneficiary passes away, and only in certain circumstances. Federal law actually requires that states try to recover from the estates of Medicaid beneficiaries who received nursing facility services and/or home and community-based services when they were age 55 or older. In other words, federal law sets the floor for Medicaid estate recovery by states.

Complicating matters is that states have the option to recover for more than what is federally required. States may recover from individuals age 55 and older for any items or services covered under the state’s Medicaid plan. California is one of just a few states that has taken the option to recover for all covered services provided to individuals age 55 and older. Currently, a bill is moving through the state legislature to limit recovery to only what is federally required. Last year, a similar bill received unanimous support from the California legislature, but was vetoed by the governor due to budgetary concerns.

It is important to keep in mind that there are exceptions to when a state can recover and from whom it can do so. For example, Medicaid estate recovery cannot occur during the lifetime of a surviving spouse or when there is a surviving child under age 21 or a blind or disabled child of any age. Also, states must establish procedures for waiving estate recovery when it would cause an undue hardship. Yet many states do not have clear undue hardship policies, leading to increased denials and making it difficult for family members to figure out who qualifies for a hardship waiver and in which circumstances.

State policy makers should also realize that, for the next couple of years, states will not keep recovered claims for the Medicaid expansion population and after 2016 will still keep only a small amount. When states recover from the estates of former Medicaid beneficiaries, they return to the federal government the portion that represents the federal share of expenditures on an individual’s Medicaid covered services. Since services provided to the Medicaid adult expansion population are 100 percent federally funded for the first three years (2014-16), and almost fully federally funded thereafter, states will have to return to the federal government the full amount collected (and in future years close to the full amount). States are essentially serving as a collection agency for the federal government.

Many have identified estate recovery rules as a potential barrier to enrollment in Medicaid. Individuals may be hesitant to enroll in Medicaid because they own a home that they want to leave to their adult children when they pass away. Advocates must urge states to limit estate recovery to what is federally required, and advocate for clear exceptions policies to ensure that individuals and families feel comfortable enrolling in Medicaid and getting the care that they need.