Estate Tax, Legislation, & Your Legacy

Author: Larry Parman, Attorney at Law  /  Category: Estate Planning, Law, Taxes /  Posted: 25 Jul 2011

Your estate plan is not something that you devise in one sitting and then tuck away in a lock box forever.  As things change in your life estate plan updates are called for. On a personal level these changes include things like marriage, divorce, and remarriage; additions and subtractions to the family; and significant changes to your financial situation.

Read more…

Parman & Easterday are members of the American Academy of Estate Planning Attorneys.

The Health Care Reform Bill’s Affect on Treatment of the Elderly

Author: Larry Parman, Attorney at Law  /  Category: Elder Law, Law, Long-Term Care /  Posted: 21 Jul 2010

The recent Health Care Reform enacted by Congress has focused on avoiding abuse to the elderly and those with special needs by incorporating the following provisions:

  • It allows States to conduct national criminal background checks, including fingerprints, on anyone who seeks direct access to patients in long-term care facilities or with home care agencies receiving funding under the Medicare or Medicaid programs.
  • It authorizes $10.8 million for Geriatric Education Centers to provide training for health care professionals, direct care workers and family care givers in such areas as long-term care, chronic care management, and geriatrics.
  • It establishes a national panel of long-term care experts charged with creating core competencies to form the background of these training programs and to ensure they are comprehensive and consistent across the nation.
  • There are even Federal training programs offering Advanced Degrees in Geriatric Nursing, Gero-Psychiatric Nursing, and long-term care.
  • It establishes grants to health care professionals, such as pharmacists, clinical social workers, psychologists and advanced practice nurses to focus on long-term care, chronic care management and geriatrics.

In a future blog, I will address additional areas impacted by health care reform.

Jerry Shiles
Attorney at Law

Parman & Easterday are members of the American Academy of Estate Planning Attorneys.

The Health Care Reform Bill’s Affect on Nursing Homes

Author: Larry Parman, Attorney at Law  /  Category: Elder Law, Law /  Posted: 16 Jul 2010

Recently, I’ve been talking about the effect the Comprehensive Health Care Reform Bill and the Reconciliation Act of 2010, commonly referred to as the Health Care Reform package, has had on the elderly and those with special needs.

The reach of this law has been extremely comprehensive. It establishes the Community Living Assistance Services and Supports (CLASS) program, a new national long-term care insurance program funded through voluntary payroll deductions. It also allocates $10 million per year for 5 years to fund an Aging and Disability Resource Center and its initiatives.

It requires nursing homes to disclose the name of their owners, financiers, operators, suppliers and any others who might need to be held accountable for the care their residents receive. This has been long in coming and has been an ongoing problem as many nursing homes have built in 3, 4, and even 5 or 6 levels of ownership and control, making it virtually impossible for an injured nursing home resident to find out who to sue when an injury occurs. We have encountered this problem on more than one occasion, so this is a welcome change.

Another welcome change in the law requires the government to collect and report on how well nursing homes are staffed, the hours of nursing care the residents receive, how much the home spends on personnel wages and benefits, and the rate of staff turnover. Nursing homes will have to report their expenditures by category, such as those for nursing, therapy, assets and administrative services.

It also eliminates a common ploy practiced by some nursing homes – that of filing extended appeals in order to delay the payment of civil fines and penalties. Now the nursing homes will have to pay the penalties, but the funds will be held in escrow until the appeal is decided.

Finally, the Act provides training to workers who provide care for those suffering from dementia and Alzheimer’s in order to prevent occurrences of abuse.

Next time, I’ll address additional consequences of the Health Care Reform Act.

Jerry Shiles
Attorney at Law

Parman & Easterday are members of the American Academy of Estate Planning Attorneys.

The Health Care Reform Bill’s Affect on Elderly and Those With Special Needs

Author: Larry Parman, Attorney at Law  /  Category: Elder Law, Estate Planning, Law /  Posted: 28 Jun 2010

President Obama signed a Comprehensive Health Care Reform Bill (H.R. 3590) into law on March 23, 2010. Congress then passed the Reconciliation Act of 2010 (H.R. 4872), which modified H.R. 3590, on March 25, 2010. This is what is commonly referred to as the Health Care Reform package.

Many clients have been asking us how this Health Care Reform will affect the elderly and those with special needs. I thought it might be helpful in this and upcoming blogs to highlight the significant provisions of H.R. 3590 and H.R. 4872, which together constitute the Health Care Reform approved as law on March 25, 2010.

First, let’s talk about Medicare under this legislation. The law gradually eliminates the Medicare Part D donut hole by 2020. Changes include the following:

  • Pharmaceutical manufacturers must provide 40% discount on brand name prescriptions filled in the Medicare Part D gap beginning in 2011; Federal subsidies of 25% of the cost also will be phased in between 2013 and 2020.
  • Federal subsidies of 75% for generic drugs prescribed in the Medicare Part D coverage gap will be phased in during the period 2011 to 2020.
  • A $250.00 rebate will be available to Medicare beneficiaries who reach the Part D coverage gap in 2010.
  • Medicare will cover an annual wellness visit and creation of a personalized prevention assessment and plan with no co-payment.
  • There is no Part D cost-sharing for full benefit dual eligible beneficiaries receiving home- and community-based services.
  • Medicare advantage plans had been restructured to provide higher payments in areas with low Medicare fee-for-service (FFS) rates and lower payments (95% of FFS) for areas with high FFS rates.
  • It will suspend Medicare Advantage (MA) plan enrollment for 3 years if the medical loss ratio is less than 85% for two consecutive years beginning in 2011 and will terminate the plan contract if the medical loss ratio is less than 85% for 5 consecutive years.
  • There will be no cuts to mandated benefits, but MA plans may cut extra benefits, such as vision and dental.
  • The Act strengths Medicare and extends the life of the Medicare Trust Fund by 9 years to approximately 2026.

In future blogs, I will address some of the other consequences of this new law.

Jerry Shiles
Attorney at Law

Parman & Easterday are members of the American Academy of Estate Planning Attorneys.

The “Health Care” Debate

Author: Larry Parman, Attorney at Law  /  Category: Law /  Posted: 11 Nov 2009

Speaking of health care….

We have to talk about this. Caution: some may be offended by the following. So, before you go forward, be aware that the content is strong. Some may not like it. If you’re open minded, want some facts and new ideas, tune in.

Health care costs are spiraling out of control. We know there are problems with our current system. We’re told if they are left untended, the current system will bankrupt us.

We hear there are 40 million uninsured people in the U.S. By the time you back out those who are illegal and those who will not buy insurance, you’re left with 10-12 million.

Those in the Congressional majority have introduced a variety of proposals to remedy this situation. Few, if any, of our elected officials have actually read what the staffers who draft legislation have put in these bills. That became painfully obvious during last months town hall meetings.

While the legislation is torturously grinding its way through Congress, the American people are waking up to other startling news.

We are starting to hear these frightening numbers over the next 10 years….

$13 trillion added to the national debt, publicly held debt passing $10 trillion, spending exceeding 28% of gross domestic product and per household federal spending topping $37,000 (compared to $25,000 now).

Let’s summarize. We now have trillions of debt. Social Security is going broke at a more rapid rate than thought. Medicare is on a collision course with financial catastrophe…and that’s before it starts absorbing the cost of Baby Boomer participation.

And now, in the middle of the worst recession in a generation, the President wants to nationalize – some say socialize – our medical system…17% of our national economy.

Let’s stop a minute and take a quick glance in the rear view mirror:

It’s telling us what many respected economists and financial prognosticators predicted: the so-called stimulus package has had very little impact on what looks like may be a bottoming out of our economy.

It looks like the taxpayers will get very little return on their investment.

Many experts tell us those debt and deficit numbers I mentioned earlier are under-estimated, arrived at only by assumptions that have little bearing to reality.

Incredibly, these numbers do not include $43 trillion in unfunded Medicare and Social Security obligations, almost guaranteeing insolvency absent radical reform.

Now we have this debate about a nationalized take-over of our entire health care system, which by all accounts will leave behind the residue of debt and deficits described above.

Few seem to have any faith in the Washington elite to run our country with any sensibility or common sense any more. They know Medicare benefits will be cut. They know none of this can be financed (much) without higher taxes, inflation or both. In today’s economy that makes America less competitive and less secure. And those toting the note – remember nearly 50% of Americans pay zero income tax! – are angry and letting their voices be heard.

Frank Lutz has documented this anger in his new book, What People Really Want…Really. People do not feel their elected officials are accountable. They feel no one is listening.

This frustration was evident at recent town hall meetings. It revealed itself again last week in the governor’s races in NJ and VA. A significant number of local races confirmed it.

At town hall meetings throughout the US many constituents knew more about the legislative proposals than the elected officials standing in front of their constituents. Others are angry because some politicians are hiding, refusing to hold town hall meetings.

Congressional leaders are saying all of this “orchestrated”; they refer to those attending the meetings as “Nazis” and “Astro-Turf,” as if the protests are not legitimate. Now that’s how to get the folks riled up.

To throw a little fuel on the fire, three weeks ago it was reported that a government agency notified Humana, in effect, to stop sending their customers letters that could be construed as misleading information about the proposals floating around Capitol Hill. Forget about the fact that within 24 hours the Congressional Budget Office verified the accuracy of the letter.

Former president Carter – even Bill Cosby – is telling us that most who oppose a government take-over of health care are racist. Not to be outdone, Mr. Clinton weighed in by resurrecting his family’s belief that all who oppose Mr. Obama are part of a “vast, right-wing conspiracy.”

Just a few months ago those in control of Congress held up the Congressional Budget Office as the paragon of honest assessments about the impact of proposed legislation. Now, when those assessments aren’t working in their favor, the CBO is the devil incarnate.

Yes, tempers are flaring. Each side says the other is misrepresenting “the facts.” One congressman is formally rebuked by the majority for shouting “You lie” during the president’s joint session speech. My father-in-law used to watch all the shenanigans in Washington, D.C. and say, “There’s a whole lot of prevaricating going on here.” Pure wisdom, that.

Now the House has passed a bill. It’s DOA in the Senate. The Senate Finance Committee tried to rush through a bill with little, if any, review. They will go back to the drawing board and try again. We should be frightened when they vote down a provision to post the bill on the internet for 72 hours for review and comment. These bills are being written by committee staffers, no one knows the provisions or tells voters what the implications will be.

As many of you know, I spent some time in D.C. a few years ago. Those who know me well know I came back from that experience with a different attitude about what goes on in our nation’s capital. Democracy with open market capitalism remains the best system. Yet, our system is in desperate need of repair.

What’s my reaction to the health care debate? I will not rant then offer nothing for a suggestion.

It’s said we will pay for part of health care reform (and the other programs contributing to this crazy amount of debt) through the savings generated by eliminating waste and fraud in our health care system.

My first reaction is those who offer that suggestion are either negligent or naive. Negligent because all that waste and fraud didn’t just appear in the last few weeks; negligent because those controlling Congress – including Mr. Obama as a sitting U.S. Senator – failed to introduce legislation to address this “waste and fraud” problem during the last two years of the Bush administration when they controlled Congress.

Don’t get me wrong. I agree there is plenty of waste and fraud that needs to be cleaned up. How about this proposal?

Someone in Congress introduce a bill containing the legislative proposals and regulatory enforcement provisions to clean up “waste and fraud” before we move forward with a complete takeover of our health care. Frankly, Congress doesn’t have enough good will with me for me to take them at their word.

I’m from Missouri so I would like to see proponents of a nationalized plan “show me” examples of other countries who have successfully pulled this off without causing severe strain on their national budgets or who have not had to initiate a value-added tax (essentially a national sales tax) to pay for the exploding costs. Or had serious waiting lines as a result.

I say naïve because Massachusetts and Tennessee have passed a form of universal and/or mandated health care coverage. The program is busting the budgets in both states. Yet they seem to shy away from citing those states as shining examples of how great a nationalized plan with similar components will work.

Let’s give Mr. Obama this…he campaigned on this platform…he won…we knew this was coming…he had to know it would stir up a hornet’s nest…yet he did it any way. It’s been on the agenda of his party for 40-50 years. So, it’s no surprise this is happening, despite the difficulties. If the nationalized plan fails it is a serious setback to his presidency. The stakes are huge, for him and for our country. Give him an “A” for courage.

Whether this is good policy is another issue.

Unfortunately, this really isn’t about improving health care. It’s about political control and creating a legacy of permanent political supporters. It’s about the Europeanization of America.

My grandfather once said, paraphrasing someone else, I’m sure, “When a politician’s platform is to rob Peter to pay Paul, he can always count on Paul’s vote.”

And, there a whole lot of folks out there that vehemently oppose the European path. If they are a taxpayer, they also question whether it’s good to let Paul cast a political vote.

Here’s what I would like to see done before we turn one-sixth of our economy over to the federal government.

As I said before, have Congress introduce and pass legislation to identify waste and fraud, isolate it and eliminate it. Success here will go a long way to re-establishing the belief that government can actually function.

Allow insurance companies to sell insurance across state lines. There are already 1300 insurance companies out there. Increase competition even more. You can buy your automobile coverage across state lines, even your homeowners and life insurance. Why not health insurance? Most people don’t even know about this government regulation and it stymies competition and causes rates to be higher than needed.

Treat the tax deductibility of health insurance the same for companies and individuals.

Tort reform is essential to meaningful cost cutting.

Allow purchasing co-ops to be formed. Permit the co-op to accept individual or small business members and negotiate better policies with insurance companies.

Make pricing transparency from hospitals mandatory. Let people see what services cost before the procedure.

If a bill is passed and signed into law make it mandatory that Congress is covered by the same “government option” that the rest of us have to endure.

Eliminate current “pre-existing conditions” policy and make every policy portable. This means you cannot be denied coverage because of prior health issues. And, once you have a policy, you have it as long as you pay the premium.

For families with income below the poverty level, make it mandatory they enroll in one of the co-ops. Once they are enrolled, have the government send the co-op a check for $5,000. If a person receiving government benefits of any kind cannot present proof of insurance upon demand, all their benefits are terminated. This would be much cheaper than passing a law that creates over a 125 new government agencies and adds trillions to our national debt.

Allow an illegal who is paying taxes to come forward and enroll with a co-op. They can stay covered as long as they stay enrolled AND enter a program that leads to becoming a citizen within two years. If not, they will have committed a felony, subject to ten years incarceration. Deportation won’t work if we have no fences or enforcement of current policies. This will be good for all.

Now, I could go on and on but I’m exhausted.

There are two distinct visions in America about which direction is best for our nation. Ironically, the European path – fascist, socialistic policies – are being rejected in….yes, Europe. The other choice is the one most visible in Asia, emerging democracies, exploding capitalism. I come down on the side of the individual; on the side of capitalism; on the side of markets to reward and punish. We need government as a vehicle to defend our shores, not much else. In this latest recession it’s been easy to blame capitalism…those who make money. Capitalism did not create this problem. People created this problem. To be more accurate, the greed of people created this problem. The “market” didn’t create Bernie Madoff. Bernie Madoff created Bernie Madoff.

We have an immigration problem largely due to the fact our government officials will not enforce laws currently on the books. They don’t want to lose the votes. In 2006-8 there are video tapes on U-tube showing Bush officials warning Congressional committees about the impending crisis in our financial system, specifically Fannie Mae and Freddie Mac. They were ridiculed, called racist. They ignored the problem. Now they want us to support even more regulation which they, over time, will ignore.

It proves again one of my favorite thoughts – it’s behaviors that matter.

It’s going to get rough. We watching it manifest, up close. It will get personal.

Fifty years ago Ayn Rand penned a now famous – then heavily criticized – book that described as one of its two major themes the notion that the creative human mind requires political-economic freedom in order to achieve, to make the great advances that benefit an entire society.

This is a turning point in our nation’s history. We have the opportunity, as Rand described, to see if we unleash our citizens to provide the explosive growth we need to absorb massive deficits and compete in a world economy or whether in the alternative, Atlas will shrug.

Parman & Easterday are members of the American Academy of Estate Planning Attorneys.

How Sensible and Relief-Oriented ARE the Federal Estate Tax Legislative Proposals?

Author: Larry Parman, Attorney at Law  /  Category: Law /  Posted: 14 Oct 2009

While attending a meeting of the American Academy of Estate Planning Attorneys, of which I am a Fellow and long-time member, one of the presenters discussed the status of legislative proposals concerning estate tax. In a nutshell….

Today the estate tax exclusion is $3.5 million. As written, current law says the estate tax will be repealed in 2010 and revert back to a $1 million exemption in 2011. With 58 seats in the Senate (plus two Independents), a clear majority of 255 in the House and their party occupying the White House, no one in their right mind thinks the Democrats are going to let this stand. They are on a desperate search for money…and it’s about to get worse. The estate tax will not be going away. However, the three major reform bills are stalled pending the passage of health care legislation. Once complete, expect them to turn their attention to a few tax bills, including these.

Before I outline these, you’ll have to pay careful attention to the irony, even hypocrisy, of the names attached to these bills.

First, we have the Certain Estate Tax Relief Act of 2009 (“CETRA”). It makes the $3.5 million exclusion permanent, reunifies the gift and estate tax and applies a 45% rate of all estates in excess of the exclusion.

Next comes the Taxpayer Certainty and Relief Act of 2009 (“TCRA”). Certainty and relief in a tax bill? Again, the exclusion remains at $3.5 million, this time indexed for inflation after 2011. That’s getting somewhere, because I’m guessing we might have a little inflation somewhere down the road. This bill also imposes a 45% rate on amounts in excess of the exclusion. It increases the Special Use valuation from $1 million to $3.5 million, introduces the concept of “marital deduction portability” and includes middle income tax cuts.

Then we have the Sensible Estate Tax Act of 2009 (“SETA”). Again, I’m shaking my head and laughing out loud at these names. This bill comes with a lower $2 million exclusion, also reunifies the gift and estate tax laws and taxes the excess over the exclusion at rates beginning at 45% and capping out at 55%, depending on the size of the estate.

In addition to these proposals there are others that will seriously impact wealth preservation strategies. There will be new restrictions on the use of short-term Grantor Retained Annuity Trusts and either elimination or severe restriction in the use of entity discounts. The latter change will alter our thinking on the use of family limited partnerships and limited liability companies in our planning.

I expect patchwork legislation at the end of 2009 that will extend the $3.5 million exclusion for a year or two until they can get back to it…only after ending a couple of wars, running the auto and banking industry, pulling the Dollar from the brink, telling people how much they can make, shutting down a few settlements, reinstating a Honduran leader legally voted from office, taking over 16% of the economy, fending off more coming Tea Party anger because of all the other new tax increases and cleaning up a few trillion in new debt. Routine day at the office. Glad it’s not mine.

If you would like more information about these proposals or would like to schedule a complimentary consultation to see how they will impact your planning let us know by emailing me at info@parmanlaw.com.

Parman & Easterday are members of the American Academy of Estate Planning Attorneys.

Bad Behavior Can Ruin A Good Plan!

Author: Larry Parman, Attorney at Law  /  Category: Law /  Posted: 17 Jul 2009

My clients tire of me telling them this. Yet, too often it seems a well designed estate plan goes awry. Here’s an example I picked up from a post by Lou Ann Anderson in a report she wrote. Pay attention to this. This concerns a large estate. That’s not the point. It happens to estates of all sizes.

In New York City a trial is underway in which Anthony Marshall, son of New York socialite and philanthropist Brooke Astor, and estate planning attorney Francis Morrissey, Jr., face charges of using undue influence and other fraudulent activities to divert more than $100 million of Astor’s estate to Marshall and away from long-standing charitable beneficiaries. Along the way, a number of attorneys, including Morrissey, handsomely profited from this effort. Morrissey is facing criminal charges and other attorneys involved are viewed as having committed major ethical breaches.

Allegedly, Brooke Astor was the target of what’s referred to as an Involuntary Redistribution of Assets, an effort in which estate planning documents were used to divert assets in a manner believed contrary to her intentions. Similar acts are occurring throughout the U.S. with estates of all sizes being targeted.

There are some, including Ms. Anderson, who believe that misbehavior within the legal community is causing this to happen far too frequently. If it happens once it’s too often. A more accurate interpretation is that there are bad apples in all professions – medical, accounting, financial, banking and…legal. Let’s concede the point that each industry needs to crack down on these transgressions. Typically, the legal system cleans up the bad actors.

That’s not the point. The point is bad behavior can ruin a good plan, whether the behavior comes from your advisors, your trustees, or more typically your own beneficiaries. Expert legal counsel can advise you how to create an estate plan that will carry out your wishes to a “T.”

Parman & Easterday are members of the American Academy of Estate Planning Attorneys.