Do-It-Yourself Divorce Clinic February 22, 2012

Triangle CLE’s next Do-It-Yourself Divorce Clinic is February 22nd at 6pm at Wiggen Law Group. The clinics are led by experienced family law attorneys who will guide the attendees through the paperwork needed to file for divorce in North Carolina. The clinics offer an affordable option to persons who do not have complex divorce issues and plan to handle their own divorce. The cost of the clinic is $60 per attendee. Call (919) 680-0000    to register. Space is limited.

Wiggen Law Group PLLC
3500 Westgate Drive, Suite 701 DurhamNC27707 USA 
 • 919-680-0000

Should You Get a Prenuptial Agreement?

Prenuptial agreements are often misrepresented as negatives.  There is a perception that spouses use these “unfair” agreements in a bitter divorce, to the detriment of one spouse.As a result, many people strongly object to any discussion related to a prenuptial agreement. However, prenuptial agreements can be a prudent planning device for any marriage.

 

Some of the most common objections to a prenuptial agreement include the following:

 Prenuptial Agreements are Unfair

In order to be upheld by the court, prenuptial agreements must be fair and equitable in the eyes of the law. Prenups can assign a monetary worth to non-monetary activities (for stay-at-home spouses, for example). This protects spouses who may have sacrificed a career to raise families.

Prenuptial Agreements Means Spouses Don’t Trust Each Other

A prenuptial agreement can only be created in a trusting atmosphere where both parties disclose all their assets and debts. This is one of the most intimate discussions a couple can have and it requires that the couple decide how to manage finances after marriage.  Having an honest financial discussion prior to marriage can often avoid future arguments and can help you have a long and happy marriage.

If We Divorce, We Will Be Reasonable
Even the most loving marriages can end poorly. A well-drafted prenuptial agreement can help avoid prolonged and expensive court room battles.

We Are Not Going to Get Divorced

Sadly, statistics show that this idea is not true for many couples.  No one can see the future.  It is wise to plan for the “worst-case scenario.” You can also mention that prenuptial agreements define what happens to martial assets in the event of death, as well as divorce.

A Prenuptial Agreement Will Always Be on My Mind

More likely than not, the opposite is true. A prenuptial agreement can  provide peace of mind for both parties in a marriage. With decisions about assets and support made in advance, everyone can relax knowing that your rights (and assets) are protected.

LEARN ABOUT PRENUPTIAL AGREEMENTS
If you would like to learn more about prenuptial agreements and whether one would be right for you, we are offering a FREE CONSULTATION in the month of February. Contact us TODAY to schedule your appointment! (919) 680-0000.
Expires: 02/29/2012
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Does A Special Needs Trust Always Have to Pay the State When a Beneficiary Dies?

You may have heard that special needs trusts are required to reimburse the government for Medicaid expenses incurred by the trust’s beneficiary when she passes away, and, in some cases, this is true. But not all special needs trusts are required to contain this type of “payback” provision, so if you are worried that the trust funds will go to pay back the government, you may not have anything to fear.

If a parent, grandparent, family friend or any other interested person wants to set up a special needs trust for a person with special needs, they will typically create a “third-party” special needs trust. The trust is called a “third-party” trust because it is funded with assets that do not belong to the person with special needs. These trusts are commonly used by family members to set aside inheritances for, or to simply provide additional assistance to, a family member with special needs. If properly created and funded, the assets in a “third-party” trust will not count as the beneficiary’s funds if or when she applies for benefits like Supplemental Security Income (SSI) or Medicaid. Most importantly, a properly designed “third-party” special needs trust does not have to include a payback provision, meaning that the government has no right to the funds when the beneficiary dies.

On the other hand, if a person with special needs needs to place her own funds into trust, she has two main options – transfer the funds into a trust established for her benefit by a parent, grandparent or court called a”first-party” special needs trust (because the assets come from the person with special needs herself) or transfer the funds into a pooled disability trust that is run by a non-profit organization. In almost every case, these types of trusts must contain payback provisions in order for the beneficiary to avoid a loss of government benefits due to excess assets.

In many cases, a family member looking to fund special needs trust for a person with special needs will utilize a “third-party” special needs trust that doesn’t contain payback provisions and that provides enormous benefits to the person with special needs. Even if the trust does contain a payback provision, in some cases where the beneficiary exhausts all of the trust’s assets, there may still not be a government payback at all. In either case, your special needs planner can help you to determine which type of trust is right for your family.

Attention Veterans! Make sure to get your Expense Verification Reports in on time!

If you’re a veteran or a surviving spouse of a veteran and are receiving pension payments from the VA, you will soon be receiving an Expense Verification Report (EVR) to complete. Every January the VA mails the EVR to the veteran or surviving spouse receiving pension benefits.  This report shows all the medical expenses and income for the past year and any medical expenses or income the veteran or surviving spouse expect to have in the coming year.

In order to ensure that there are no delays in receiving pension payments, the EVR must be filled out completely and returned to the VA by March 1st.  The EVR should be sent to the VA by certified mail with a return receipt requested so that there is documentation of delivery.

Social Security Benefits to Increase for First Time in Three Years

After receiving no cost-of-living increase (COLA) for two years running, the nation’s Social Security recipients, including Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) beneficiaries, will get a 3.6 percent increase in payments in 2012.

Starting in January 2012, the average monthly Social Security payment for a worker with disabilities will rise from $1,072 to $1,111 a month. The federal SSI payment standard will increase to $698 a month for an individual and $1,048 a month for a couple. The SSI student exclusion limit (the amount of earned income that an SSI beneficiary who regularly attends school may exclude from her SSI benefit calculation) will remain the same at $1,700 a month, with a yearly cap of $6,840.

Although the SSI resource allowance also remains the same at $2,000 for an individual and $3,000 for a couple, the amount of money that a person can earn without engaging in Substantial Gainful Activity (which triggers a process that can result in the loss of SSDI or SSI benefits) is going to increase to $1,010 a month for a person who is not blind and $1,690 for a person who is blind. The Trial Work Period limit of $720 a month stays the same.

For a complete list of the 2012 Social Security changes, go to:http://www.socialsecurity.gov/pressoffice/factsheets/colafacts2012.htm

Veterans’ Compensation Gets a Boost!

The Senate recently passed bill S. 864: Veterans’ Compensation Cost-of-Living Adjustment Act of 2011, effective December 1, 2011, for benefits payable in January of 2012.

The Act provides for a 3.6% COLA increase in compensation for veterans with service connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans.

You can read the text of this bill here.

The Family Advisor

This month’s newsletter focuses on our furry friends.  Do you know what happens to your pets after your death under state law?  If you are out of town and your pet needs emergency vet care, does your pet sitter have the authority to authorize treatment?  Who gets custody of Man (and Woman’s) Best Friend in the event of divorce?

Find out in this month’s issue of The Family Advisor.  Click here to read more.

New North Carolina Laws Effective October 1, 2011

The North Carolina General Assembly enacted more than 50 new laws during 2011, which became effective October 1, 2011.  You can view summaries of these laws in the Legislative Bulletin provided by the North Carolina Bar Association Office of Governmental Affairs.  Click here to view the bulletin.

Considering Care Management for Your Child With Special Needs

When establishing a special needs trust (SNT) for your child, it’s important to consider how much care the child may need in the future and who will oversee any arrangements related to that care. In many cases, either a family member or the SNT trustee can assume responsibility for care management. But when care needs are significant or family members cannot be available, parents may wish to include instructions in the SNT documentation for the trustee to retain a professional care manager. This can help ensure that care decisions will be handled professionally and consistently throughout the beneficiary’s life while allowing the trustee to focus on other responsibilities.

What Is a Care Manager?

A care manager is a professional with the expertise necessary to develop, implement and monitor a plan for all aspects of an individual’s care. Often trained in nursing or social work, care managers are available primarily through private care management companies, many of which also deliver services to the elderly. Generally, a care manager will be knowledgeable about everything from health care and rehabilitation options to residential alternatives. Care managers also should be familiar with the alternatives for funding an individual’s care — both private resources and public benefits.

What Does a Care Manager Do?

A care manager coordinates, monitors and advocates for services to help ensure that an individual with special needs can maintain the greatest possible degree of independence, safety and comfort at the most reasonable cost. Working closely with family members as well as financial advisors, attorneys, health care providers, the SNT trustee and others involved in the individuals care, the care manager may:

  • Assess the individual’s needs based on a visit to the home and one-on-one interviews.
  • Develop, or help the family develop, a care plan covering living arrangements, medical and therapeutic needs, social preferences, educational opportunities and other relevant issues.
  • Implement the plan. This may include coordinating physical therapy, medical care, social services and equipment needs; improving the home’s safety and comfort through repairs or modifications; and hiring home health aides or training family caregivers.
  • Work with the SNT trustee to ensure that private and public resources are used appropriately, helping to preserve trust assets and avoid improper distributions that could jeopardize the beneficiary’s eligibility for benefits.
  • Consider housing alternatives and oversee placement, handling such details as admissions paperwork and moving arrangements.
  • Monitor care in the home or at residential facilities and recommend changes as necessary.

The services offered by care managers may vary, as will their credentials and certifications. For example, some care managers are certified by sources such as the National Academy of Certified Care Managers (www.naccm.net).

The Family Advisor

 

 

 

 

Check out the most recent issue of The Family Advisor.  This month’s issue focuses on children and what you need to know to protect your family.  You’ll find out how to select a guardian for your children, how to help your children adjust to divorce and the nine costly mistakes to avoid when planning for a special needs child.  http://myemail.constantcontact.com/The-Family-Advisor.html?soid=1106937003090&aid=jkB7DlaSX9A.