About South Florida Elder Law Attorney, Alice Reiter Feld

Tuesday, July 16, 2013

Re-Defining Aging: Guess Who Just Turned 72?

On May 24, an American icon turned 72. Can you guess who it is?

Let's drop some hints...

*Some say he's looked 72 since he was 22.

* He has a voice that, depending on your taste, is either glorious or grating.

* His temperament is best described as grumpy on a good day, and a train-wreck

on a bad one.

He's had more personal iterations than Houdini...from Electric to Folkie to Born Again

to Gypsy to Hobo Minstrel to Pop to Country Gent to, for a mercifully-brief moment,

Rapper.

You often need an English translator to understand what the heck he's singing.

* He had weaknesses for drugs and women.

He could have probably benefitted from the services of a good sinus/adenoid surgeon.

Got it, yet? OK, a few more hints...

* He was born and raised in Minnesota.

* To those who believed - and there were many - he was the voice of his generation.

OK...it's Bob Dylan! He turned 72 on May 24. So, how's Bob relaxing in his dotage?

By touring America, that's how! In fact, from June 26, where he starts his tour in West Palm Beach, until August 4, when he finishes it in California, he's got 26 performances lined up! In 39 days!

Bob Dylan, like many Boomers, is re-defining "aging." After some 55 years on the road, he's got a schedule that would exhaust a 22-year-old. He's an example of how Boomers see "aging" differently than their parents, who most likely dreamed about good books and empty golf courses. And he's a perfect example, too, that getting "older" doesn't mean getting "old!"

Bob Dylan is probably secure as far as his estate planning. But many Boomers aren't. And that's where we come in...because we secure futures for Boomers who aren't superstars.

At The Law Offices of Alice Reiter Feld & Associates, we practice Elder Law. For the past 34 years, we've worked with thousands of South Florida families to secure their futures, with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We can secure your family's future, too. And we're just a phone call away.

Friday, July 12, 2013

Estate Planning For Non-Traditional Families - Part 3

If you're in a non-traditional family, you know that estate planning is, as Winston Churchill once said about Russia, "A riddle wrapped in a mystery inside an enigma." But here's some advice that'll help.

DOMESTIC PARTNERSHIP/LIFE PARTNERSHIP AGREEMENT

This can be a helpful tool, because it can specify the boundaries and responsibilities of the arrangement. And it can be helpful even if the relationship is non-romantic.

A Life Partnership Agreement can establish how property is owned and titled. It can establish whether income, gifts, or inheritances belong to one partner, or both. It can establish who does what around the house, and who pays for what. And it specifies how finances and ownership will be determined if the relationship ends.

Additionally, this agreement can provide legal evidence of the relationship if it's ever needed.

WHAT ABOUT KIDS?

If there are kids involved, a Parenting Agreement might be beneficial...especially if you ever have to prove in court that you and your partner have agreed to care jointly for the children. One caveat: In most states, courts are not bound by Parenting Agreements; they simply have to provide for the best interest of the child. But if a surviving partner can show a Parenting Agreement in which both partners have provided for the best interest of the child, your chances are better. Also, like a Life Partnership Agreement, a Parenting Agreement can delineate specific responsibilities when it comes to caring for the child(ren), and who pays for what.

The laws are very confusing, and always changing. And they vary from state to state.

Estate planning for non-traditional families can be a complex and tiring legal journey. But we can get you through it.

At The Law Offices of Alice Reiter Feld & Associates, we've been walking South Florida families - both non-traditional and traditional - through the Elder Law Journey for 34 years. And we've helped thousands of them establish estate plans appropriate for them - with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We'll get you through the Elder Law Journey. And we're just a phone call away.

Tuesday, July 9, 2013

Estate Planning For Non-Traditional Families - Part 2

Some of the most important estate planning areas for a non-traditional family are living wills, health care directives, and powers of attorney.

If two people aren't legally married, or related by blood, they may as well be strangers. The Florida case of Langbehn v. Jackson Memorial Hospital was a perfect example. One of the partners in a non-traditional family from Washington state died from an illness during a vacation here. As if that wasn't tragic enough, the family wasn't allowed to visit the dying partner - or even receive updates - until a blood relative arrived.

In this situation, many states consider blood relatives as the only legal family...and the consequences can be devastating. Relatives who are estranged from the sick person may be allowed to make health care decisions, and may be given control of children, the home, and the property. And the partner will have little - or no - legal recourse. In some states, the partner doesn't even have the right to live in the family home while legal proceedings are taking place.

Non-traditional families should also have health care proxies and HIPAA authorizations - even if their state recognizes their union.

Demographic trends in recent years have resulted in dramatic changes in what constitutes a "family" in this country. And I've had a number of non-traditional families or partners come to me heartbroken...because they didn't take the time to get the necessary protection.

The laws are horribly confusing. And, of course, they vary from state to state.

Estate planning for non-traditional families is a minefield, fraught with traps. But we can get you through it.

At The Law Offices of Alice Reiter Feld & Associates, we've been walking South Florida families - both non-traditional and traditional - through the Elder Law minefield for 34 years. And we've helped thousands of them establish estate plans appropriate for them - with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We'll get you through the Elder Law minefield. And we're just a phone call away.

Tuesday, July 2, 2013

Estate Planning For Non-Traditional Families - Part 1

I'm being contacted by an increasing number of non-traditional families these days...with good reason.

Non-traditional families are becoming the one of the biggest demographics in America. Whether gay or lesbian (legally married or not), divorced with children, "significant others" living together, etc., all of us know people in this arrangement. Considered abnormal just a few years ago, this is rapidly becoming the most "normal" type of family in America.

This is especially significant when people are planning their estates...because, until recently, this was uncharted territory. Elder Law attorneys now have new tools in their toolboxes for these families. But if you don't plan accordingly...you're running a huge risk.

TAXES

One of the biggest differences in tax-planning is that non-traditional families have no marital deductions. Married couples, on the other hand, can give money to each other, combine their assets, name each other as beneficiaries, and hold prop­erty and bank accounts jointly.
In a non-traditional family, if one partner contributes more to the household, and an effective plan is not in place, the partner who earns more could actually be taxed if the larger contribution is considered a gift by the IRS!

PROPERTY

Most non-traditional partners believe that joint tenancy, with right of survivorship, is the obvious choice. But that's not always the case!

In addition, title to the property can also affect taxes on the property. In Florida, the transfer of property between unmarried partners can result in reassessment of property taxes. ..even if it was held in joint tenancy!

Confusing? You ain't heard nothin', yet!

Estate planning for non-traditional families is a minefield, fraught with traps. But we can get you through it.

At The Law Offices of Alice Reiter Feld & Associates, we've been walking South Florida families - both non-traditional and traditional - through the Elder Law minefield for 34 years. And we've helped thousands of them establish estate plans appropriate for them - with comprehensive estate planning, wills, trusts, powers of attorney, long-term care planning, asset-protection plans, and assistance with Medicaid and the VA.

We'll get you through the Elder Law minefield. And we're just a phone call away.