Attorney/Lawyer/Law

Estate Planning and Elder Law Seminar, May 15, 2018--presented by Estate Planning/Elder Law Attorney Denise A. Mortati

A free and informative presentation and discussion by Attorney Denise A. Mortati, estate planning and elder law attorney.

Denise will discuss:

  • The three documents everyone should have – a Last Will and Testament, power of attorney and advanced health care directive--and the important of updating/revision them periodically   
  • The new law passed in October 2016 regarding Power of Attorney and its provisions, including:
    • how it may affect gift giving
    • agent responsibilities, etc.
  • Elder law issues, including Title XIX applications and asset protection
  • Date: Tuesday, May 15th at 5:30 (light refreshments served)
  •  6pm presentation 
  • Location: Cambridge Health and Rehabilitation Center, 2428 Easton Turnpike, Fairfield, CT 06825

 

Categories: 
Attorney/Lawyer/Law
City: 
Fairfield
States: 
Connecticut
Zip code: 
06825
County: 
Fairfield
start time: 
Tuesday, May 15, 2018 - 5:30pm

Essential Elder Law Seminar, April 12, 2018--presented by Estate Planning/Elder Law Attorney Denise A. Mortati

Join Denise A. Mortati, estate planning and elder law attorney, for an informative seminar on estate planning, which will include a discussion on wills, powers of attorney and health care directives, and why these documents need to be in place and/or updated regularly.  Question and answer period will follow the presentation.

Presentation will be held at Autumn Lake Healthcare, 34 Midrocks Drive, Norwalk, CT at 6:00-7:30 pm

Categories: 
Attorney/Lawyer/Law
City: 
Norwalk
States: 
Connecticut
Zip code: 
06851
County: 
Fairfield
start time: 
Thursday, April 12, 2018 - 6:00pm

Spouse's Elective Share

SPOUSE’S ELECTIVE SHARES

March 2018

By Carl A. Glad, Partner, Law Offices of Kurt M. Ahlberg LLC

What happens when your deceased spouse’s Will leaves you only the washing machine?  Don’t laugh.  This actually happened.

Connecticut law provides a protection for a spouse that may have been disinherited by their deceased spouse.  In this situation, the spouse may exercise a right of election to take a statutory share of the estate.  That statutory share can be found in CGS § 45a-436(a).

The statutory share is a life estate of one-third in value of all of the decedent’s real and personal property passing under the Will.  That value is based on the value of the estate at the time of distribution not the value at the date of death.  Most importantly, the value of the spouse’s share is based solely on the portion of the estate passing under the Will.  That means that jointly held properties do not count toward the value and neither do assets within a trust

Even if the Will provides for the surviving spouse, they may still elect to take the statutory share.  That means that if the Will provides the surviving spouse with less than what would be the statutory share, they may elect the share rather than take under the Will.  If the surviving spouse is a Medicaid beneficiary the Connecticut Department of Social Services will require the election if it is greater than their spouse’s Will provides.

The statutory share can be an important estate planning tool as well, especially when you have a spouse in a nursing home.  In that case, a well drafted Will could include only the statutory share to the spouse in the nursing home.  If the community spouse passes, this is an effective way of providing the minimum amount of assets to the spouse, and in effect the nursing home, and transferring all other assets to the remaining family. 

Drafting a Will takes skill and thought.  It is important to consult a qualified attorney when drafting your Will.

Please visit our blog for more information  http://ahlberglawfirm.com/blog.shtml

Categories: 
Attorney/Lawyer/Law
City: 
Stratford
States: 
Connecticut
Zip code: 
06614
County: 
Fairfield

The New Tax Law & Your Estate Plan

The New Tax Law & Your Estate Plan

February 2018

By Carl A. Glad, Partner, Law Offices of Kurt M. Ahlberg

On December 22, 2017, the President signed the Tax Cuts and Jobs Act impacting almost all aspects of the tax code.  Those changes have also impacted Estate Planning.

A major change has been made to the Federal Estate and Gift Tax.  The law increases the exemption for individuals from $5.49 million to $11.2 million through 2025.  For Estate Planning purposes, this means that individuals can make much larger gifts throughout life.  Those gifts can be to individuals and trust and can include transfers of real property and forgiveness of debts.  More importantly, this means that individuals that had created Wills in the past must review their bequests.  Those older Wills may include generation skipping trust, A/B trusts, and QTIP trusts.  These trusts would have preserved a large share of assets for a surviving spouse, however, under the new law you may unintentionally provide for your children and not for your spouse.

It is important to remember that Connecticut retains a much lower Estate Tax exemption.  While the exemption has increased to $2.6 million and will increase in 2019 to $3.6 million and again to $6.1 million in 2020.

These changes make in very important that you review your Estate plan with an attorney and accountant.

Visit our blog to read more http://ahlberglawfirm.com/blog.shtml

Categories: 
Attorney/Lawyer/Law
City: 
STRATFORD
States: 
Connecticut
Zip code: 
06614
County: 
Fairfield

The Mutual Distribution Agreement

The Mutual Distribution Agreement

January 2018

By: Carl A. Glad, Esq, Partner Law Offices of Kurt M. Ahlberg LLC

Everyone has heard the stories of families that tear each other apart during the Probate process.  Sometimes the heirs or beneficiaries of a Will wish their deceased loved-one had made a different disposition of assets through the Will.  If this is a concern, there is a way to “change” a Will…that is if all of the parties to the Will agree.

Connecticut Law authorizes the devisees, legatees and heirs of a testate estate (an estate where there is a Will) to make and file a Mutual Distribution Agreement.  Our Courts have broken down the complex Mutual Distribution Agreement to define it as a “settlement of a dispute over the distribution of a family member's estate.”  Banziruk v. Banziruk,  Superior Court of Connecticut at Litchfield, Docket No. CV-10 6002504-S (June, 25, 2013, Danaher, J.).  In essence, if ALL of the parties can agree to the division of ALL of the estate assets, the Court will accept that division.  The parties make a written a contract with each other defining that division.  Once that contract (the Mutual Distribution Agreement) is signed it is valid and enforceable.  Additionally, Courts look favorably upon these agreements because it provides an equitable remedy to what could otherwise be a long and expensive fight over the decedent’s assets.

If you and your family are concerned about the terms of a Will you should consider a Mutual Distribution Agreement.  Because the Agreement is a binding contract should also ensure an attorney prepares the Agreement.

Visit our blog for more information: http://ahlberglawfirm.com/blog.shtml

Categories: 
Attorney/Lawyer/Law
City: 
Stratford
States: 
Connecticut
Zip code: 
06614
County: 
Fairfield

Alzheimer Support Group - Atria of Stratford on Thursday January 25, 2018 at 6:00 pm. Location: 6911 Main St, Stratford, CT 06614​

Atria of Stratford monthly Alzheimer ​support group meeting:

Date : Thursday 1/25/2018

Time : 6:00pm

Address : 6911 Main Street ; Stratford, CT  06614

RSVP : George.Dewey@atriaseniorliving.com / 203-380-0006

For older adults and their families dealing with the challenges of Alzheimer's disease or other forms of dementia, we offer Life Guidance memory care.  Life Guidance provides innovative, specialized care in a comfortable and secure neighborhood.

Atria Stratford information/web page: https://www.atriaseniorliving.com/retirement-communities/atria-stratford...

203-380-0006 - Phone

email: George.Dewey@atriaseniorliving.com

Categories: 
Attorney/Lawyer/Law
City: 
Stratford
States: 
Connecticut

Atria of Stratford presents "What Every Grandparent and Parent Should Know About Special Education Law"

Atria of Stratford presents, "What Every Grandparent and Parent Should Know About Special Education Law".

Date : 2/8/2018

Time : 6:30-7-30pm

Where : Atria of Stratford / 6911 Main Street / Stratford, CT / 06614

RSVP : george.dewey@atriaseniorliving.com (203-380-0006)

 

Jeffrey Forte, Esq conducting a free workshop with an Overview about:

  • What is the Individuals with Disabilities Education Act (IDEA)
  • How to Participate at an Individualized Education Program (IEP) Meeting
  • Requesting Education Records Through FERPA
  • Requesting an Independent Educational Evaluation (IEE)
  • Ten quick tips to prepare for a PPT
Categories: 
Attorney/Lawyer/Law
City: 
Stratford
States: 
Connecticut
Zip code: 
06614
County: 
US
start time: 
Thursday, February 8, 2018 - 6:30pm

TENNESSEE SUPREME COURT CLARIFIES LAW REGARDING OWNERSHIP OF FUNDS WITHDRAWN FROM A JOINT BANK ACCOUNT

Pleased to report that we won our case before the Tennessee Supreme Court! They agreed with my clients in a case involving probate assets, bank laws and contracts.

This was a case of “first impression” which means we made new law for the State of Tennessee.

December 6, 2017

The Tennessee Supreme Court has unanimously ruled that, when one spouse unilaterally withdraws money from a married couple’s joint bank account and places the funds in a certificate of deposit, the funds are no longer joint property and belong to the spouse to whom the certificate of deposit was issued.

In April 2012, Calvert Hugh Fletcher and his wife, Nelda Karene Fletcher, deposited funds in a joint checking account designated with a right of survivorship. The joint account card required only one signature to withdraw funds. Later, Mr. Fletcher withdrew $100,000 from the account and deposited the money in a certificate of deposit held only in his name. After he died, a dispute arose between Mrs. Fletcher and Mr. Fletcher’s children from a previous marriage regarding ownership of the certificate of deposit. The Putnam County Probate Court ruled that the funds belonged to the husband’s estate because the funds ceased to be joint property when withdrawn from the joint account. Mrs. Fletcher appealed, and the Court of Appeals ruled the funds belonged to her because the money could be directly traced to the joint account.

After reviewing cases from Tennessee and other states, the Supreme Court held that, once a husband or wife withdraws funds from a joint bank account held as tenants by the entirety, the funds cease to be held by the entirety. The Supreme Court found this approach provides the clarity and finality needed in the current banking environment, noting it would be difficult for a third party receiving funds to know the source of the money and if someone else has an ownership interest in the funds.

In an opinion authored by Justice Sharon G. Lee, the Court held that the certificate of deposit issued to Mr. Fletcher from money withdrawn from the couple’s joint bank account was owned by Mr. Fletcher at his death and, therefore, was not owned by Mrs. Fletcher, but became a part of Mr. Fletcher’s estate and passed under the terms of his will.

To read the unanimous opinion in In Re Estate of Calvert Hugh Fletcher, authored by Justice Sharon G. Lee, visit the Opinions section of TNCourts.gov.          https://www.tncourts.gov/press/2017/12/06/tennessee-supreme-court-clarif...

Categories: 
Attorney/Lawyer/Law
City: 
Cookeville
States: 
Tennessee
Zip code: 
38501
County: 
Putnam

Long Term Care Basics

Senior Help Desk Blog by Jay H. Jaser, Esq. Connecticut Elder Law Attorney

People often need long-term care when they have a serious, ongoing health condition or disability. The need for long-term care can arise suddenly, such as after a heart attack or stroke. Most often, however, it develops gradually, as people get older and frailer or as an illness or disability gets worse. Long-term care is a range of services and supports you may need to meet your personal care needs. Most long-term care is not medical care, but rather assistance with the basic personal tasks of everyday life, sometimes called Activities of Daily Living (ADLs), examples such as:

  • Bathing
  • Dressing
  • Using the toilet
  • Transferring (to or from bed or chair)
  • Caring for incontinence
  • Eating
  • Medication and healthcare management

Other common long-term care services and supports are assistance with everyday tasks, sometimes called Instrumental Activities of Daily Living (IADLs) including:

  • Housework
  • Managing money
  • Taking medication
  • Preparing and cleaning up after meals
  • Shopping for groceries or clothes
  • Using the telephone or other communication devices
  • Caring for pets
  • Responding to emergency alerts such as fire alarms

It is difficult to predict how much or what type of long-term care a person might need. Several things increase the risk of needing long-term care.

  • Age.The risk generally increases as people get older.
  • Gender. Women are at higher risk than men, primarily because they often live longer.
  • Marital status. Single people are more likely than married people to need care from a paid provider.
  • Lifestyle. Poor diet and exercise habits can increase a person's risk.
  • Health and family history. These factors also affect risk.

Where Can You Receive Care?

Most long-term care can be provided at home. Other kinds of long-term care services and supports are provided by community service organizations and in long-term care facilities.

Examples of home care services include:

  • A caregiver who may be a family member or friend
  • A nurse, home health or home care aide, and/or therapist who comes to the home

Community support services include:

  • Adult day care service centers
  • Transportation services
  • Home care agencies that provide services on a daily basis or as needed

Often these services supplement the care you receive at home or provide time off for your family caregivers.

Outside the home, a variety of facility-based programs offer more options:

  • Nursing homes provide the most comprehensive range of services, including nursing care and 24-hour supervision
  • Other facility-based choices include assisted living, board and care homes, and continuing care retirement communities. With these providers, the level of choice over who delivers your care varies by the type of facility.  You may not get to choose who will deliver services, and you may have limited say in when they arrive.

For More Information About Long-Term Care

National Clearinghouse for Long Term Care Information
1-202-619-0724
aclinfo@acl.hhs.gov 
www.longtermcare.gov

About Jay H. Jaser, Esq. Connecticut Elder Law Attorney  

Office location: 500 Boston Post Road Milford, CT 06460

Contact #(203) 799-8888

I understand that the issues of aging and illness are matters that affect individuals in significant and deeply personal ways and realize that each client and family situation is unique. My legal support and guidance is given with compassion and is based on experience you can trust. Areas of Practice: Elder Law, Long-Term Care/Medicaid Planning, Durable Powers of Attorney, Health Care Surrogacy/Living Wills, Last Will and Testaments, Trust Agreements, Guardianship Services, Special Needs Planning, Elder Advocacy, Nursing Home Resident Rights. Please call (203)799-8888 for a consultation.

Categories: 
Attorney/Lawyer/Law
City: 
Milford
States: 
Connecticut
Zip code: 
06460
County: 
New Haven

Happy Halloween

Happy Halloween

October 2017

By: Carl A. Glad, Esq., Partner Law Offices of Kurt M. Ahlberg LLC

Ghouls, Vampires, Ghosts and Goblins need estate planning too. If October 31st is the one day of the year you are available please stop by our office for some Treats and no Tricks. Here is an example of a Will we did for our friend Goody Basset just before her “trial.”
 

The Last Will and Testament
Of
The Goodwife Bassett a/k/a Goody Bassett

 I, THE GOODWIFE BASSETT a/k/a GOODY BASSETT, of the Town of Stratford, County of Fairfield, and State of Connecticut, being of lawful age, of sound mind and memory, and under no improper influence or restraint, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all other Wills by me at any time heretofore made.

FIRST: I direct that my Executor hereinafter named, notwithstanding gender, pay from the residue of my estate all my just debts and funeral expenses, and all succession, legacy, transfer and inheritance taxes, except those secured by mortgage upon any real estate which I may own at the time of my death, if any.

SECOND: I hereby give, devise and bequeath my cauldron to my friend, WICKED WITCH OF THE WEST, of OZ to be hers absolutely and forever.

THIRD: I hereby give, devise and bequeath my eye of newt, toe of frog, wool of bat, tongue of dog, adder's fork, blind-worm's sting, lizard's leg and howlet's wing to my friend, ENDORA, of Westport Connecticut, to be hers absolutely and forever.

FOURTH: I hereby give, devise and bequeath any pumpkins I may own to THE HEADLESS HORSEMEN, of Sleepy Hollow, New York to be his absolutely and forever.

FIFTH:I hereby give devise and bequeath my broom to my friend VLAD the IMPALER a/k/a DRACULA, of Transylvania, provided he has attained the age of nine hundred twenty-five (925) years.

In the event my said friend has not attained the age of nine hundred twenty-five (25) years, then and in that event, said friend’s share of my estate shall be placed, IN TRUST, with my Trustee hereinafter named, as a Trust Fund for the benefit of said friend, to hold, manage, and to allow the use of said broom, as my Trustee shall deem necessary, in her sole discretion, for the mistreatment, torture, punishment and misery of my said friend. Said Trust shall continue for said friend until said friend attains the age of nine hundred twenty-five (25) years, at which time I direct that the Trust Fund created for said friend shall terminate, and the broom shall become my friend’s absolutely and forever or until he is staked through the heart.

SIXTH: I hereby nominate, constitute and appoint my friend, MORTICIA ADDAMS, of the Westfield, New Jersey, as Executrix of this my Last Will and Testament, to serve without bond.

SEVENTH: I nominate, constitute and appoint my Doctor, Victor Frankenstein, of Lake Geneva, Switzerland as Trustee of the Trust created in Paragraph FIFTH of this my Last Will and Testament.

EIGHTH: I hereby confer upon my fiduciaries named herein, the powers enumerated in in Sections 45a-234 and 45a-235 et seq., of the Connecticut General Statutes, and in all spell and books of magic as the same may be amended from time to time.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this 15th day of May, 1651.
______________________________L.S.
GOODY BASSETT

For more information visit our blog at http://ahlberglawfirm.com/blog.shtml

Categories: 
Attorney/Lawyer/Law
City: 
Stratford
States: 
Connecticut
Zip code: 
06614
County: 
Fairfield