 Written by Robert T. Nickerson
You looking to go the lake house and fish? Go to the beach and just tan? Go snowboarding at the mountain cabin? When you make that purchase, you want this to be a present for the family. You see this as something your children and children's children can use, play with, and make memories of for the rest of their lives. Even with the maintenance costs, it'll be worth it in the long run. The gift of a vacation home does carry a lot of personal value and will likely create new memories. But we also have to note that if the right steps, then the memories for the adult children may not be so pleasant. Because of their high value, vacation home properties can create tension and competition between sibling. Perhaps a son wants to rent it out while the daughter wants to sell it. This is why the right planning is necessary and won't create the drama you think could happen. I would suggest some kind of partnership or a limited liability company to own the property. Many of the business documents will at least on paper have the set plans on who will manage everything. This includes setting up a budget, how the home is used and the ability to transfer the property to someone else. I also suggest setting up a meeting with your children and discussing those goals and what you feel is important. You may also want to set a trust that would also set up a transfer of the property to your children should something happen to you. It's easier when your still here to go over what you want for the vacation home. A lot of families do end up keeping the lovely vacation home for generations. But there are always going to be those where having a vacation home is not a part of their long term goals. If you don't want to create the tension you could see something like this make, then a well built plan is what your going to need. I think you'd rather have this looked over before making that trip to the beach.
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    Today marks the 75th anniversary of the Battle of the Bulge of World War II. Though the campaign lasted through January, this was a major turning point for the war as it was the last offensive strike from Nazi Germany. A combination of factors led 6 Allies to stop the maneuver and begin the counter to bring the war to an end. The summary below from Encyclopedia Britannica best summarizes what happened that gave the allied forces the advantage to prevent the Third Reich from moving forward
Battle of the Bulge, also called Battle of the Ardennes, (December 16, 1944–January 16, 1945), the last major German offensive on the Western Front during World War II—an unsuccessful attempt to push the Allies back from German home territory. The name Battle of the Bulge was appropriated from Winston Churchill’s optimistic description in May 1940 of the resistance that he mistakenly supposed was being offered to the Germans’ breakthrough in that area just before the Anglo-French collapse; the Germans were in fact overwhelmingly successful. The “bulge” refers to the wedge that the Germans drove into the Allied lines. After their invasion of Normandy in June 1944, the Allies moved across northern France into Belgium during the summer but lost momentum in the autumn. Apart from an abortive thrust to Arnhem, Netherlands, the efforts of the Allied armies in western Europe during September and October 1944 amounted to little more than a process of nibbling. Meanwhile, the German defense was being continuously strengthened with such reserves as could be relocated from elsewhere and with the freshly raised forces of the Volkssturm (“home guard”). German numbers were also bolstered by those troops who had managed to withdraw from France. A general offensive launched in mid-November by all six Allied armies on the Western Front brought disappointingly small results at heavy cost; continued efforts merely exhausted the attacking troops. In mid-December Gen. Dwight D. Eisenhower, the supreme commander of the Allied Expeditionary Force, had at his disposal 48 divisions distributed along a 600-mile (nearly 1,000-km) front between the North Sea and Switzerland. For the site of their counteroffensive, the Germans chose the hilly and wooded country of the Ardennes. Because it was generally regarded as difficult country, a large-scale offensive there was likely to be unexpected. At the same time, the thick woods provided concealment for the massing of forces, whereas the high ground offered a drier surface for the maneuvers of tanks. An awkward feature from an offensive point of view, however, was the fact that the high ground was intersected with deep valleys where the through roads became bottlenecks where a tank advance was liable to be blocked. The aims of the German counteroffensive were far-reaching: to break through to Antwerp, Belgium, by an indirect move, to cut off the British army group from American forces as well as from its supplies, and then to crush the isolated British. Overall command of the offensive was given to Field Marshal Gerd von Rundstedt. The Fifth Panzer Army, led by Hasso, Freiherr (baron) von Manteuffel, was to break through the U.S. front in the Ardennes, swerve westward, and then wheel northward across the Meuse, past Namur to Antwerp. As it advanced, it was to build up a defensive flank barricade to shut off interference from the U.S. armies farther south. The Sixth Panzer Army, under SS commander Sepp Dietrich, was to thrust northwestward on an oblique line past Liège to Antwerp, creating a strategic barrier astride the rear of the British and of the more northerly American armies. To those two panzer armies the Germans gave the bulk of the tanks that they could scrape together. To minimize the danger from a speedy intervention of Anglo-American air power, which was vastly greater than their own, the Germans launched their stroke when the meteorological forecast promised them a natural cloak; indeed, for the first three days, mist and rain kept the Allied air forces on the ground. Aided by its surprise, the German counteroffensive, which started before dawn on December 16, 1944, made menacing progress in the opening days, creating alarm and confusion on the Allied side. The Fifth Panzer Army bypassed Bastogne (which was held throughout the offensive by the U.S. 101st Airborne Division under the tenacious leadership of Gen. Anthony McAuliffe) and by December 24 had advanced to within 4 miles (6 km) of the Meuse River. Time and opportunities were lost, however, through gasoline shortages resulting from wintry weather and from growing Allied air attacks, and the German drive faltered. This frustration of the German advance was largely due to the way in which outflanked U.S. detachments held Bastogne and several other important bottlenecks in the Ardennes as well as to the speed with which British Field Marshal Bernard Montgomery, who had taken charge of the situation on the northern flank, swung his reserves southward to forestall the Germans at the crossings of the Meuse. Gen. George S. Patton’s Third Army relieved Bastogne on the 26th, and on January 3, 1945, the U.S. First Army began a counteroffensive. Between January 8 and January 16 the Allied armies concentrated their strength and were attempting to pinch off the great German wedge driven into their front, but the Germans carried out a skillful withdrawal that took them out of the potential trap. Judged on its own account, the Battle of the Bulge had been a profitable operation for Germany, for, even though it fell short of its objectives, it upset the Allies’ preparations and inflicted much damage at a cost that was not excessive for the effect. Viewed in relation to the whole situation, however, the counteroffensive had been a fatal operation. While the Allies suffered some 75,000 casualties, Germany lost 120,000 men and stores of matériel that it could ill afford to replace. Germany had thus forfeited the chance of maintaining any prolonged resistance to a resumed Allied offensive. It brought home to the German troops their incapacity to turn the scales and thereby undermined such hopes as they had retained.  Written by Robert T. Nickerson
If you frequent our website and social media page, then you are already aware that plenty of celebrities have not planned out their estate well. This has resulted in their families facing legal trouble and hardship, which only gets worse if their net worth was significant. Now here's a fun fact; did you know that Abraham Lincoln didn't have an estate plan either? Yep, a lawyer by trade and the president never had an estate plan drawn up before his assassination. Even if one of them most popular presidents made mistake, you don't have to. Everyone should have an end of life plan. You want to have a good retirement and an ease of mind, right? Here are four things you can do to improve your estate plan. 1. Review Beneficiary Designations Did you know that a lot of accounts can pass to heirs without the need of going to probate? This is done through a Beneficiary Designation form. It is a piece of paper that can take something like Life Insurance contracts, 401Ks, and IRA and state who you want to inherent access to those accounts. It's easy to name people, backups, and even split accounts by dollar amount between the people you want to be beneficiaries. Check to see if those documents are updated with the beneficiaries you want. 2. Have Proper life Insurance What does life insurance do? It's to give the family a safety net when a loved one passes and provide an temporary income to compensate for the loss of life. It comes in handy if you need more time to figure out the finances in case some are still working. This is especially helpful in retirement. Let's say a loved one spent the majority of time putting money into a retirement account along with social security and another income source, it makes sense to have life insurance to help with the blow. It can also help in the event of a funeral. It can cost a lot of money to provide a grave and a tombstone. It can even cost money for the urn should they be cremated. Having life insurance can provide funds for a proper memorial. Check to see if the loved one has some kind of life insurance. 3. Avoid Probate with Trusts Probate can give you a lot of trouble if you don't have the proper wills and trusts in place. A will is something that everyone needs, but a trust is a lot more. They can provide similar executions that a deed does, but it can help control assets for those that the loved one cares for, but that individual is not able to care for themselves. A lot of people will get a revocable trust, which allows the trustee to manage the assets of a loved one and follow through on proper instructions. Though an irrevocable trust is more complicated, it can help within an annual tax liability and protect certain estate taxes. Because their more expensive, I'd advise you to speak to an attorney before making any of these kinds of decisions. 4. Incorporate Charitable Giving For a lot of people, they want to leave a legacy by donating to a church, ala mater, charity or an organization they care about. This is why it's possible to set up your assets to be passed to a charitable goal. Estate plans can be easily set up to include charitable giving. This gives you the chance to create gifts for charitable remainder annuity trusts (CRAT) to allow part of your assets to go to a beneficiary and the rest to a charity. This can even be included in an IRA, which allows assets to be passed onto both loved ones and charities. In the end, no estate plan is like another and should be looked at carefully. I can't stress enough that estate plans are not about money; their about protecting the rest of your family and making sure the transition process is as smooth as possible.  Written by Robert T. Nickerson
Let's see: You've made your travel plans, figured out whose going to bring what dish and it's time to visit that loved one for Thanksgiving. But when you get there, it's clear that the loved one isn't getting any younger and is going to need help at some point. I say take the day to watch one of many football games and maybe even the Macy's Thanksgiving Parade. But the next day should remind you that time cannot be replaced, and should be used to consider what kind of plan to make. It'll be something to be thankful for the next year. An estate plan is more then a glorified will. An estate plan is also going to have several documents that will set things. Some of them will include;
Ask the loved one if they've created an estate plan with similar documents. If they answer yes, take a look at them to see if their up to date (which is a mistake people have made). If everything looks good, then you won't have to do much work and can relax. If not, work with them to set up a meeting with an estate planning attorney. While your having a bite of the mashed potatoes at the Thanksgiving table, you might be asking yourself, "As the one in charge of the financial power of attorney, what responsibilities do I have?". What this means is your going to be in charge of making the financial decisions for the loved one whose agreed to put you in that position. It's not just for medical related finances, but it can also fall under general finances should they not be in a position to make reasonable decisions. The documents for financial power of attorney will also lay out if those powers are immediate or delayed for something more urgent. Some other responsibilities could revolve around purchasing real estate, paying bills and taxes, acquiring insurance, representing them in a court of law, going into personal records and even applying for government benefits. Just as your about to help yourself into some stuffing, you may realize your not the only one concerned. Do you have a sibling? Their probably thinking about that loved one as well. They may have been selected for health care power of attorney. What do they do? A health care power of attorney will be responsible for making healthcare decisions if the loved one is unable to. By being "unable" is within the condition of not being able to communicate on their own due to an ailment. They'll also be selecting the medical care they feel will benefit the loved one the best and also make life decisions should they be given a recommendation by a doctor. This is understandably putting a lot of pressure and you should be sure the person in charge of health care is ready for that kind of responsibility. In conclusion, thinking over these two aspects will give you something to be thankful for as these things are never easy. Once accomplished, then you'll have a clear understanding on your loved one's plans and it'll proceed. You can now spend the rest of your Thanksgiving having some pumpkin pie, watch the game, and maybe the airing of Home Alone.  Written by Robert T. Nickerson
Happy Halloween! With monsters like Freddy Krueger, Dracula, and mummies in a lot of scary thoughts, it's time that I bring about another topic that's only going to add to that fear. A lot of people have finally taken the jump at getting an estate plan created, signed and ready to go in case of a worst scenario event. You must feel a lot of relief after all that work. There is one more thing that I hope you've been working on: getting your estate plan and subsequent documents in an easy spot to locate when something happens to you. Because of something that goes wrong, you might not be able to get them yourself. And if you died, then whoever you've set up as your executor will be in charge of your estate. It's a matter of life that we're all going to die. As we get older, a lot of us could end up disabled, whether physical or mentally. According to a statistic by the Social Security Administration, a twenty year old starting a career today has a one in three chance of dying or qualifying for Social Security Disability Income before reaching the full retirement age for Social Security. The pressure of being in charge of someone else's estate can be daunting and even scary. Executors may be the people in charge of one's estate, but can often have a hard time getting everything organized for such an event. I have a suggestion to help. It's a simple idea, be we love simple. It's give you and extra sense of confidence that can help you relax further. It's simply putting everything in a retrievable format. A binder is a good suggestion. Be sure to label it something like "Emergency documents for "________________"". All of our estate plans are labeled and even come with a digital copy. Some other things that should go in there include: - An Financial Asset List - A Non-Financial List - Computer passwords - Credit Cards (email list for cancelation) - Emergency Contacts - Estate Planning Documents - Funeral Arrangements - Health Information - Insurance Policies - Safe Deposit Box (If they have one, keep a list of what in them) - Tax Statements I hope I didn't scare you too much. I just wanted to remind you of what needs to be done before anything.  In 1989, the average rent was a little more than $400 a month and you could buy a dozen eggs for less than a dollar. That same year, Congress raised the amount of money that recipients of Supplemental Security Income (SSI) could retain without losing their eligibility to $2,000. While the cost of rent and eggs and everything else has risen in the last three decades, SSI’s asset limit has remained frozen in time. A bill introduced in the U.S. House of Representatives would finally change that. Since the program’s creation in 1972, SSI has subjected recipients to strict asset limits. Any recipient having assets over $2,000 is automatically disenrolled, with minimal exemptions and exceptions. For couples, the maximum is $3,000. Because the limit for couples is only 50 percent larger than, not double, the limit for individuals, SSI recipients in effect are penalized if they get married. Under the Supplemental Security Income Restoration Act, introduced in the House in September, individual SSI recipients would be allowed to have $10,000 in assets, while the limit for couples would be double that, or $20,000, eliminating the marriage penalty. And, for the first time, these limits would be indexed to inflation. The bill would also eliminate what is known as the in-kind support and maintenance rule, which penalizes beneficiaries who receive certain benefits, such as food and shelter, from friends and family. “The Supplemental Security Income program has succeeded in serving as a last resort to keep millions of elderly and individuals with disabilities out of the harsh realities of poverty, but far too many are being rejected from receiving the assistance they need simply because the program hasn’t kept pace with inflation,” Rep. Raul Grijalva (D-AZ), who introduced the bill, said in a news release. “Modest updates will provide needed stability to those with disabilities and seniors who are continuing to struggle to afford basic necessities, such as skyrocketing costs of medication.” Rep. Grijalva first introduced the bill in 2013, and it has been introduced in both chambers of Congress each year since. Click here to read the full text of the bill. For a fact sheet on the Supplemental Security Income Restoration Act from Justice in Aging, click here.  According to the Bureau of Labor Statistics, approximately 40% of people age 55 and over were working or looking for work in 2014. The labor force participation rate for seniors is expected to increase to around 164 million individuals by 2024. In 2016, over 42% of workers age 55 and over were in management, professional, and related occupations. According to one report, entrepreneurship amongst seniors aged 55-64 increased from 15% in 1996 to 26% in 2017.
The multitude of baby-boomers aging are one reason that there are more elders in the workforce. Other factors are better health and longer lives, the financial need to work longer, and changes to Social Security and pension benefits. And many folks find being idle in retirement doesn’t add to their quality of life, compelling a return to the work force. Some barriers that seniors might face in seeking employment are the standard stereotypes – that seniors are unwilling to learn new things and their skills aren’t up-to-date. However, many organizations around the country are working hard to dispel these myths. A Colorado group, Changing The Narrative, seeks to end ageism and encourage employers to change their attitudes regarding senior employees. They are sponsoring a campaign from October 25 through November 3 around the country to encourage people from all generations to gather in their own neighborhoods to have a conversation about ageism and how we all can challenge ageist assumptions. AARP has an Employer Pledge Program that includes an action plan for building an age-inclusive workforce. The program is a way for companies to recognize their commitment to value workers of all ages. Participants can use the official seal of the program on their recruitment materials and website, and may receive discounts on job postings on the AARP job board. Some participating companies include ZipRecruiter, H&R Block, CVS, AT&T, and Ace Hardware. The Global Coalition on Aging has promulgated their Guiding Principles for Age-Friendly Businesses to help serve as a guide for companies, to facilitate being more inclusive. They suggest employers:
Obviously, just because someone reaches retirement age doesn’t mean that they stop being an asset to a company or project. In fact, seniors presumably have more experience and valuable feedback than their younger counterparts. And oftentimes, seniors are more reliable than those in their youth. Finding that right fit can be difficult for anyone. So, what are some tips for seniors looking for work?
As our society strives to shake off old-fashioned concepts and biases towards those of different races, ethnicities, sexes, and genders, let’s not forget to add ages to the list. What someone can bring to the table in the workforce is not based on what one can see on the outside – it should be based on the value that person can bring from what they harbor on the inside. And in the case of seniors, that is oftentimes a lifetime worth of valuable experience and life lessons. The law offices of Jeffrey C. Nickerson is a proud sponsor of the upcoming Field of Honor in Murrieta.
This is taking place in Murrieta Town Square on November 9 - 16 where families and people can have a flag placed to honor a loved who who has served or is currently serving under the armed forces.  Some seniors simply want to downsize. They either can’t afford to live in a large home, or they don’t want the maintenance and upkeep. Or, they would like to move closer to family. In addition, as the multitude of Baby Boomers continue to age, there are oftentimes a shortage of traditional living facilities and care practitioners for seniors who find that they need extra help. As nursing home and assisted living facility costs continue to rise, some elders are finding creative ways to seek care. For whatever reason, some seniors are finding alternative living solutions. Downsizing in Current Home A trend for seniors who want to remain in their current home is to restructure the space so that they take up less of the home and rent out the other portions. Websites have popped up that facilitate these endeavors, making matches easier. Some seniors wish to rent to other seniors to foster companionship; others like to open up their doors to families, or invite their own family members to reside with them. The benefits of home-sharing include sharing in expenses and the upkeep needed to maintain the property. Also, it is possible for two seniors who may need help with care to continue to live independently and stave off assisted living for a while. For example, maybe one senior can’t drive and needs help with grocery shopping. The other senior needs help with their medication or preparing meals. By sharing their strengths, they may be able to minimize their weaknesses. Tiny Home Alternatives Tiny homes can be a great alternative to large traditional homes because they are portable and can be placed on the property of caregivers for those seniors who still desire a bit of independence and privacy, but still need care. Or, a collection of tiny homes can make a community for seniors. Dr. Bill Thomas of New York has said “I spent my career trying to change the nursing home industry….now what I’ve got to do is make it so people don’t need nursing homes in the first place.” His idea was to create tiny houses and sell them for an affordable price. His first projects have been to create communities of tiny houses for seniors, affordable alternatives so that folks can age in their own communities and not have the upkeep of traditional homes. MEDCottages are a mobile medical dwelling that can be temporarily placed on the property of a family member, to provide hospital-like care to a loved one for rehab or extended care. If a family member finds that a senior needs care beyond what the family member can provide, they can elect to have this structure erected on their property so their loved one is still near to them but has access to the medical offerings of the structure. The senior still has their privacy, and access to remote monitoring, but they are still close enough to participate in family activities and enjoy the proximity to their familiar surroundings. MEDCottage also has products that can transform a garage into a senior living space, or even an RV platform. Adult Family Care Adult family care is a term that describes a situation where friends or family will take in an elder to care for them. While this has been the norm for centuries, adult family care has also come to encompass taking in an elder that you don’t know. Families will take in unfamiliar seniors and provide care to them. The senior gets to live in a family environment, which is often preferred over an institutional setting, and the family gets paid for the care provided to the senior. According to a recent article by NPR, adult family care in Vermont is on the rise. In Vermont, there are more seniors who need care than nurses to care for them. Because of this, nursing homes are selective and there can be a long wait for admission. Sometimes, seniors must spend this waiting period in a hospital setting. Adult family care has been a great solution for some seniors, to end their need for institutional care and enter back into the community. Green House Home Most of us have visited a traditional nursing home. Long, dark hallways lead to small rooms – sometimes containing two residents. It oftentimes feels like a hospital environment. The Green House Project has reimagined nursing homes. Instead of an institutional feeling, these Green House homes feel like a real home! There is a dining room, kitchen, common areas, bedrooms and private bathrooms. Each home is designed for about 10 residents. So instead of a more sterile, traditional setting, the Green House plan offers a more family-like environment. According to an article by The New York Times, the writer was most impressed by the fact that there wasn’t a ridged schedule like there usually is in a nursing home. In a traditional nursing home, because there are so many residents, a strict schedule must be kept. Meals are served during specific times; doctors are on a schedule; help with bathing and dressing must be provided according to a set plan. At a Green House home, seniors are free to eat when they want, just like if they were at home. If a care provider comes to provide care and they find the senior asleep, they will come back at a later time. In addition, there is four times more staff engagement with the seniors, as opposed to a traditional nursing home. Green House homes practice consistent assignment – the same staff is assigned to the same seniors on an on-going basis. Staff becomes familiar with the seniors, and can now find the time for more personalized care while the senior can enjoy more autonomy. To date, there are 284 Green House homes in the United States. Conclusion Many factors go into a senior’s decision on where to live. What can they afford? Do they want to be closer to family? What kind of care do they need? Some trends in senior living include renting out their own home, buying a tiny home, getting care in the community by others willing to share their homes, or finding a place that has reinvented what nursing homes look like. The good news is that senior living may be finally getting the attention it deserves. Seniors are valuable members of our community, and deserve to live with dignity and respect. A wider array of senior living options means more choices for seniors. They can find a solution that works for their own needs, and not have to conform to traditional institutional care.  Technological innovations designed to help seniors live longer, more fulfilling lives are starting to catch on—everything from companion robots to smart devices that can help monitor, alert, track and support our growing senior community, whether they are living in smart senior communities or in their own homes.
It is important for elder law attorneys and elder care professionals to stay on top of this evolving technology so we’ve created a live program to take a deeper dive into these issues. Why the Timing is Right According to recent estimates, the population of adults 85 and older in the U.S. will roughly triple between 2015 and 2060, making it the fastest growing age group over this time period. At the same time, there is a projected decline in the working-age population, meaning there will be fewer people to support the growing elderly population, financially and otherwise. Just seven years ago, seven able adults were available for every senior in need of care. By 2030, AARP estimates that ratio is estimated to drop to 4:1 and by 2050, to just 3:1. AARP calls this the “caregiver cliff,” as mass numbers of Baby Boomer seniors who need care begin to outnumber those able to help them. It is also estimated that the costs to provide health care may more than double between the ages of 70 and 90, depending on the region. With rising pressure on governments, payers and manufacturers to reduce healthcare costs, senior care needs solutions in order to be prepared for this impending rise in costs. Virtual home assistants and portable diagnostic devices will be able to help provide better elder care, help control medical costs—and allow more seniors to stay in their homes longer. How seniors will take to the technology may also be changing A 70-year old may have first experienced some form of internet technology in middle age or later and may not be as accepting as someone who at age 50 is already far more comfortable with technology. As a result, there will be a growing interest and market for already available and maturing technologies to support physical, emotional, social and mental health. The Internet of Things DefinedThe Internet of Things (IoT) is the name given to the expanding network of smart devices currently connecting together in the digital landscape. Just as the Nest camera system allows us to monitor our homes remotely, numerous new technologies promise to connect seniors to care teams and other life-saving processes that can make their lives easier, safer and more enjoyable. 7 Specific Ways Technology Can Help
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AuthorJeffrey C. Nickerson - Estate Planning Attorney - My Passion is Special Needs Planning! Archives
January 2020
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