Educational FYI's

Educational FYI's are written on topics that effect various aspects of estate planning and the laws that govern it. They are published and posted to this site when news worthy events happen that we feel you should be made aware of. The purpose of an Estate Planning Update is to bring important information to the financial advisors in the community. Our hope is that this information better equips you to assist your clients.

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Nash Nash Bean & Ford, LLP releases important estate planning and related articles when there are changes in the law that we feel have an especially large impact. Please take a moment to register to receive full access to our Educational FYIs.


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2010 May Be a Good Year to Die

The Economic Growth and Tax Relief Reconciliation Act of 2001 provides that in 2010 the estate tax is repealed and there is no estate tax. Therefore, from a tax perspective, 2010 may be a very good year to die. But, we don't know for sure, as many experts expect Congress to act to prevent the repeal of the estate tax. This article written by Steve Hartnett, Associate Director of the American Academy of Estate Planning Attorneys spells out the process for getting a new estate tax measure passed in Congress and the impact of the delays.

READ MORE Read the eFYI titled: 2010 May Be a Good Year to Die


Article on Family Caregivers

The Sunday, September 9, 2007 issue of Parade magazine contains an article by Gail Sheehy on family caregiving. It will recount some of her own experiences as a spousal caregiver to her husband.

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CMS Technical Director Opines That States May Impose Penalty on Community Spouse Post- Eligibility Transfers

Roy R. Trudel, a Technical Director at the Center for Medicare and Medicaid Services ("CMS") recently opined that a state agency has the option of imposing a transfer penalty on an institutionalized spouse if the community spouse transfers protected resources after the institutionalized spouse's eligibility has been determined. Mr. Trudel's opinion, which is a reversal from statements made by previous CMS (HCFA) officials, came about as the result of an email exchange between elder law attorney Robert Mason of North Carolina and himself.

READ MORE Read the eFYI titled: CMS Technical Director Opines That States May Impose Penalty on Community Spouse Post- Eligibility Transfers


Georgetown University Study on Medicaid Financing of Long Term Care

This article summarizes the role of Medicaid in financing long term care costs.  The article also touches on how DRA will affect the ability of portions of the elderly population to get access to long term care.

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Article of Interest on Intestacy

You may be interested in reviewing the article on the laws of intestacy in the various states.

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Photocopy of Will is Not "Duplicate Original"

After a decedent's death, his original 1987 will could not be located. However, a photocopy of that will was in his personal papers. There was no indication of any intent to revoke the will other than the fact that the original was missing.

READ MORE Read the eFYI titled: Photocopy of Will is Not


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