Should I Get a Prenuptial Agreement?
By: Sandra A. Harrison, Attorney at Law. Shelby Township, Michigan. If you are tying the knot anytime soon, you may want to consult a family law attorney about getting a prenuptial agreement. A prenuptial agreement, also referred to as an antenuptial agreement, is a contract between two people planning to be married concerning the property each person owns. Typically, these agreements specify what each person’s property rights will be if the marriage is dissolved. This consideration is becoming increasingly relevant as couples are waiting longer to get married. In delaying marriage, men and women are often more established and come into marriage with a greater number of assets. An antenuptial agreement can protect those assets in the event of death or divorce. If you are considering an antenuptial agreement,
ESTATE PLANNING: 10 THINGS TO DO THIS MONTH
By: James M. Simasko, Attorney at Law. Macomb County, Michigan. Most people spend more time each year planning a vacation than they do creating or reviewing their Estate Plan. Life is constantly changing and at the minimum, you should take the following steps on a periodic basis. Create a Will and Trust. Review these documents after life changing events, i.e. marriage, divorce, a death or birth, a new job, nursing home or long term care admission, etc. Make sure your estate administrator or a close loved one has copies of or access to these documents when they are needed.
How Important is Estate Planning?
By: Jeff M. Burns, Attorney at Law. Macomb County, Michigan. To easily understand the importance of estate planning, search the Web for “the Estate of Spicer H. Breeden.” The case depicts a tragic story that ended with the heartbreaking and untimely death of a beloved reporter from Denver and the suicide of a wealthy Denver socialite. Spicer Breeden was the great-grandson of Charles Boettcher. Mr. Boettcher was a tremendously successful Denver entrepreneur. At age 95, he told Time magazine: ”I like to work. I’ve worked hard all my life, and I suppose I’ll keep working as long as I can raise a hand.” His great-grandson, on the other hand,
Medicaid: Jointly Owned Property
By: Patrick M. Simasko, Attorney at Law. Shelby Township, Michigan. In Michigan, if you are attempting to obtain medicaid benefits for your nursing home stay, you must be aware of a recent law change. Historically, Michigan treated real estate and stocks that you own jointly with a person other than your spouse as being an unavailable asset. The theory was that it takes all signatures to sell the property or the stock and since the Department of Human Services “DHS” cannot force the joint owner to sell their interest in the property it is unavailable. This Michigan Medicaid law has been changed effective April 1, 2011. The DHS will treat your interest in the joint property or stock as a countable asset.
The Patient’s Rights in a Medicaid Nursing Home
By: Benjamin A. Schock, Attorney at Law. As a resident of a Medicaid nursing home in the State of Michigan, the patient has the same basic rights about their life, medical care, and personal treatment as others who live in Macomb County or other local communities. These rights are protected by both state and federal laws. As a Medicaid beneficiary, the patient has the right to the same quality of medical care as other nursing home residents. The individual also has the right to know about and take part in decisions about their medical care and the operation of the nursing home or skilled care facility. The patient also has the following rights:
Auditor General Finds High Eligibility Error Rates At D.H.S.
By: Benjamin A. Schock, Attorney at Law Despite implementation of a process to catch errors, a high eligibility error rate for certain assistance programs at the Department of Human Services (DHS) led the Auditor General to maintain that a material condition still exists, according to a follow-up report issued Thursday by Auditor General Thomas McTavish. In 2008, the initial report found a material condition and made two recommendations regarding the client eligibility oversight, error identification and error prevention processes for some public assistance programs at DHS. The specific programs that were audited included the Family Independence Program (FIP), Child Development and Care Program (CDC) and the Medical Assistance Program (Medicaid).
Ponzi scheme uncovered in Macomb County, Michigan
Local Elder Law Attorney, Patrick M. Simasko, discovered a phony stock broker who has been charged with stealing more than $1 million from three Macomb County residents. The family originally contacted Simasko Law Offices for estate planning issues. During the process, they provided their investment statements, which raised many red flags for the Simasko team. The following information will help you protect yourself and your life savings.
Cost-of-Living Adjustment – Will My VA Benefit Increase in 2012?
By: Erin R. Solaiman, Attorney at Law. Due to the changes in inflation and cost of living, the Department of Veterans Affairs has made the first cost-of-living adjustment since 2008, which will bring a 3.6% increase in benefits. The VA manual now lists the 2012 pension figures, which reflect the aforementioned 3.6% cost-of-living adjustment. The new Aid & Attendance benefit figures, effective December 1, 2011, are as follows: Single Veteran: $1,703 Married Veteran: $2,019 Surviving Spouse of a Veteran: $1,094 VA Manual Pension Amounts 2012
What is Probate?
By: Erin R. Solaiman, Attorney at Law. Probate is the court process by which the property of a deceased person is distributed to heirs. It is handled by special probate courts under state law. Although Michigan probate law is similar to the probate law of other states, the details of the process include features that are unique to Michigan. Probate is initiated in Michigan by filing a probate petition with the probate court located in the county where the decedent lived when he died, along with the death certificate and the decedent’s will, if any…
Aid & Attendance: Non-Service Connected Pension
By: Erin R. Solaiman, Attorney at Law. The VA Aid & Attendance pension is a non-service connected benefit that helps supplement the income of disabled veterans or their surviving spouses. Unlike the service-connected compensation, this benefit is not based on a disability or injury suffered during military service. However, the VA Aid & Attendance pension program is a needs based program. The VA Aid & Attendance pension can grant a single veteran $1,644 per month. A veteran with a dependent or spouse could receive $1,949 per month and the surviving spouse of a veteran can receive $1,056 per month…
