Stone Law Offices, Ltd.

Finalizing Estate Planning Documents while Social Distancing

“Besides seeking to draft or alter wills and trusts, many clients were changing trustees, executors and the agents they assigned to oversee their finances and health care, if they were unable to make decisions themselves.”

After the initial shock of the pandemic, people are realizing not just that they need to update their wills, but the people who have been named in important roles. In a recent article from The New York Times, “What to Know About Making a Will in the Age of Coronavirus,” one person said, “I think I still have my jerk brother as the trustee. I need to change that.”

However, with social distancing now being the new norm, some necessary processes for finalizing estate plans are calling for extra creativity. While lawyers can draft any necessary documents from their home offices, the documents need to be signed by clients and, depending upon the document and the state, by witnesses and notaries. These parties usually need to be in the same room for the documents to be considered legally valid.

New York’s Governor Andrew M. Cuomo issued an executive order on March 7 that declared a disaster emergency in the state and temporarily gave notaries the authority to authenticate documents by videoconference. Other governors have also issued executive orders to allow video notarizations, including Connecticut, Iowa, New Hampshire and Washington. It’s safe to say that more states will probably permit this as time goes on.

However, besides needing notarizations, wills in New York State and other documents require two unrelated witnesses in the room when the document is signed. That also goes for the health care proxy, which gives a person the ability to name someone to make medical decisions on their behalf, if they become incapacitated.

One New York attorney used a video conference to watch two clients and their witnesses, located more than 100 miles away from his home office, sign new financial powers of attorney and health care proxies. He used his laptop to record a video of the proceedings, while clients used their phones. The client couple sat on the enclosed porch of a friend’s house in a distant county and signed the documents, while their friends stood six feet away. When the couple finished signing, they stepped away and their friends moved in to sign the documents, all in view of the attorney and all, of course, wearing vinyl gloves.

The documents were then scanned and sent to the attorney by email and he notarized them. They will also be mailed to him at his home, and then he will authenticate the documents.

In New Jersey, notaries need to be physically present at the signing of documents. One attorney took extra steps for two ER nurses, both single mothers and on the front lines of the coronavirus outbreak. He met them in the front yard of one of their houses, where a table had been set up and rocks were used to hold down the documents from blowing away in the wind. Everyone wore gloves and brought their own pens. One nurse served as witness for each other, and another friend was a witness for both. After each person signed, they stepped away, while another stepped up to the table.

Not every state is making changes to permit these documents to be witnessed and notarized, so there may be many outdoor signings taking place in the weeks and months to come. Contact us today to see what laws apply in Nevada.  Our offices are open to help.

What Will Happen With My Probate Case?

By: Stephanie Hartman Rojo, Esq., Associate Attorney at Stone Law Offices, Ltd.

Whether your Probate case was in progress prior to COVID-19 or you are just getting started, you may be wondering, given the current climate, what will happen with the case?

There are a lot of elements and moving pieces with a Probate case. First and foremost, contact your attorney to confirm whether their office has remained opened for business. (Stone Law Offices, Ltd. remains open for all current and potential clients.)

If you have already done this, or you are an attorney, the next step is to understand what is happening with your local court. Be aware that court systems across the state may vary, please refer to your local court and corresponding website for court-specific details.

According to the public notice on the top of Nevada’s 8^th Judicial District Court’s website, as of March 16, 2020 (and until further notice) all non-essential 8^th Judicial District Court hearings are being “conducted by video or telephonic means, decided on the papers, or rescheduled unless otherwise directed by a District Court Judge” and “essential case types and hearings will continue to be heard through in-person appearances, although appearance by alternative means under Nevada Supreme Court Rule Part IX is encouraged when possible.”

Whether you’re an attorney, Executor, or interested party, we are all in uncharted territory at this point. I’m pleased to report that the Probate Judges and Commissioner have responded quickly and are in close contact with the local Probate Bench Bar Section to communicate changes in procedures to meet the various Administrative Orders and answer questions.

For the time being, cases which would regularly have come on the Probate Commissioner’s calendar will remain as scheduled if and only if such matter is unopposed. All contested or opposed matters are expected to be calendared for a future date.

Your attorney should be proactive in modifying their Notice to address the change in circumstances and provide directions for those interested parties wishing to make an objection. Additionally, your attorney will also be wise to obtain Notice of Non-Opposition statements from all interested parties and submit the same in advance of your scheduled “hearing” date. 

At Stone Law Offices, Ltd. we are here to address your probate concerns. Make an appointment for your complimentary telephonic consultation today: 702-998-0444. We are open Monday through Friday, 8am-5pm.

This blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

COVID-19 Estate Planning Scavenger Hunt Game

We trust this finds all well with you and yours, especially in light of the challenges surrounding COVID-19.

Are you practicing social distancing and possibly even self-quarantine?

Perhaps you fall within a high-risk category and are protecting yourself.

Maybe you are young and healthy and simply want to safeguard others.

Regardless, are you getting more than a little cabin fever despite streaming online shows, watching cable news, playing board games, or working on 1,000-piece jigsaw puzzles?

So, what can you do when you are stuck at home? Can you be productive in self-quarantine or under a stay-at-home mandate?

The answer is “yes”!

Make the best of this COVID-19 situation by organizing your essential estate plan-related documents.

Why?

Searching for time-critical, relevant documents under duress is never ideal when dealing with the incapacity or death of a loved one.

By taking the time to gather and organize these essential estate plan-related documents now, you will be preparing your loved ones to efficiently and successfully carry out your wishes later.

How do you do this?

Download our COVID-19 Estate Planning Scavenger Hunt Checklist by clicking on the hyperlink (it can also be found in the forms section of our website). The rules are simple:

• See how long it takes you to locate each of the items on the Checklist;
• If an item on the Checklist does not pertain to you, just cross it off.
• If an item on the Checklist is not in your home, but you know where it is, note the location next to the item on the Checklist
• If can’t locate an important item, and believe it has been lost or destroyed, note this next to the item on the Checklist and where you think you can get a replacement copy
• Once you locate the items and complete the Checklist, put all of the items in a safe, central location
• Tell your spouse, children, power of attorney, designated executor or trustee, or another trusted person where the items are located if and when needed

We’d love to hear from you regarding the results of your own Estate Planning Scavenger Hunt.  Also, feel free to share this email and the Checklist with any other family, friends, neighbors, or others that you believe would benefit from a little productive distraction and may need to locate their own important documents.

All of us at Stone Law Offices are here to assist and support you if you have any questions.  In the meantime, stay safe and stay healthy!!!

Long Term Care Varies, State by State

“States can differ dramatically when it comes to long term care regarding availability, quality, government benefits, retirement communities and cost.”

What if your parents live in Oklahoma, you live in Nebraska and your brothers and sisters live in New York and California? Having the important conversation with your aging parents about what the future might hold if one of them should need long-term care is going to be a challenge, to say the least.

It’s not just about whether they want to leave their home, reports the article “What is the best state for long term care” from The Mercury. There are many more complications. Every state has different availability, levels of care and taxes. If the family is considering a continuing care retirement community, or if the parents already live in one, what are the terms of the contract?

The differences between states vary, and even within a state, there can be dramatic differences, depending upon whether the facility being considered is in a metropolitan, suburban or rural area. There’s also the question of whether the facility will accept Medicaid patients, if the parents have long-term care insurance or any other resources.

Here’s what often happens: you open up a glossy brochure of a senior community in a warm climate, like Florida or Arizona. There are golf courses, swimming pools and a great looking main house where clubs and other activities take place. However, what happens when the active phase of your life ends, slowly or suddenly? The questions to ask concern levels of care and quality of care. Where is the nearest hospital, and is it a good one? What kind of care can you receive in your own apartment? Are you locked into to your purchase, regardless of your wishes to sell and move to be closer to or live with your adult children?

And what happens if you or a “well” spouse runs out of money? That’s the question no one wants to think about, but it does have to be considered.

For people who move to Florida, which has a very generous homestead exemption for property taxes and no state tax, the incentives are strong. However, what if you become sick and need to return north?

For seniors who live in Pennsylvania and receive long-term care and other services, the well spouse’s retirement funds are exempt for Medicaid regardless of the amount. However, if you move over the state’s border to New Jersey, and those accounts will need to be spent down to qualify for Medicaid. The difference to the well spouse could be life changing.

Delaware and New Jersey have Medicaid available for assisted living/personal care. Pennsylvania does not. The Keystone State has strict income limitations regarding “at home” services through Medicaid, whereas California is very open in how it interprets rules about Medicaid gifting.

Contact us at 702-998-0444 to speak with an Estate Planning attorney about Long Term Care requirements in Nevada and other state in the U.S.

The answer of where to live when long-term care is in play depends on many different factors. Your best bet is to meet with an estate planning elder care attorney who understands the pros and cons of your state, your family’s  situation and what will work best for you and your spouse, or you as an individual.

C19 UPDATE: Delay Payroll Taxes OR Get Paycheck Protection?

The Coronavirus Aid, Relief, and Economic Security (CARES) Act passed on March 27, 2020, allows employers (and self-employed individuals) to delay paying their portion of that social security payroll tax. However, employers who receive Small Business Act loans that are forgiven under the CARES Act are not eligible for this payroll tax deferral.

These are tough times for everyone, but if you are a business owner you have a few more tough decisions to make right now.

The Coronavirus Aid, Relief and Economic Security (CARES) Act, which passed on March 27, authorized a number of relief and aid programs for individuals and businesses. But figuring out how to move forward with applications and quickly getting needed relief is not easy.

Case in point – the CARES Act authorizes businesses to defer paying the employer contribution of payroll taxes (approximately 7 percent of payroll) through the end of this year with what is essentially a short-term, interest-free loan. This money must eventually be paid. Half is due on December 31^st, 2021 and the other half on December 31^st, 2022. While this sounds good and allows businesses to hang on to some cash during these difficult times, there is another program that may be more helpful … and you cannot use both. In other words, these offers cannot be combined.

The Paycheck Protection Program, also authorized in the CARES Act, allows small businesses to apply for a loan that can be partially or completely forgiven. The loan can be up to 2.5 times your average monthly payroll and associated costs.  The loan amount will be based upon 2019 expenses for wages paid by your business (up to $100,000 per employee), costs for retirement plans, health insurance, self-employment earnings (again capped at $100,000/year) and state or local taxes imposed on wages.

Resource: COVID-19 Emergency Legislation Offers Substantial Relief to Employers (CARES Act), https://www.adp.com/spark/articles/2020/03/covid-19-emergency-legislation-offers-substantial-relief-to-employers.aspx and US Department of the Treasury, Assistance for Small Businesses, https://home.treasury.gov/policy-issues/top-priorities/cares-act/assistance-for-small-businesses

C19 UPDATE: Keeping Ourselves and Our Elderly Loved Ones Safer

If you’re caring for an older loved one, you might be worried. Here is what you need to know to keep elderly people safer, and what to do if they do show symptoms of COVID-19.

We have all been warned that our elderly loved ones are at heightened risk during the coronavirus pandemic. If you are a caregiver for someone in this high-risk population, here are some tips from Dr. Alicia Arbaje, who specializes in internal medicine and geriatrics at Johns Hopkins.

1. Keep Yourself Well
   Be sure to follow all the guidelines and precautions about social distancing, hand washing, and cleaning to keep yourself well.
2. Limit In-Person Visits
   It may be emotionally challenging but keeping in-person visits to a minimum is the best way to reduce the risk of infection. When you can’t be there in-person, use technology to stay in touch. Teach your older loved ones how to use video chat applications. Remember to add captions to your videos if they are hearing-impaired. Also, encourage others to telephone or send cards or notes as well.
3. Be Creative About Home-Based Projects
   Now may be a great time to encourage your loved ones to record their personal stories, organize family photos or reconnect with old friends online.
4. Decide on a Plan
   Discuss now your emergency response plan. Who will be the emergency contact? Do you know where the estate planning documents are and can you quickly access them, especially health care directives?

If you or your loved one do not have an updated will or trust and health care documents, please reach out to our office. We can help get planning in place quickly and easily and are even offering virtual meetings now to keep everyone safe.

What if your elder loved one starts to develop symptoms?

If you or your loved one learn that you might have been exposed to someone diagnosed with COVID-19 or if anyone in your household develops symptoms such as cough, fever or shortness of breath, call your family doctor, nurse helpline or urgent care facility. For a medical emergency such as severe shortness of breath or high fever, call 911.

C19 UPDATE: Beware the Rush to Make Your Own Will Online

With COVID-19 impacting more and more Americans, individuals across the country are scrambling to set up wills and end-of-life directives.

With COVID-19 affecting more and more Americans, people across the country are scrambling to set up wills and end-of-life directives. Over the last two weeks, online will companies have seen an explosion in users, according to the article, “Coronavirus Pandemic Triggers Rush by Americans to Make Online Wills,” published by CNBC.com.

However, as online wills grow in popularity, estate and elder lawyers increasingly caution against using them, for several reasons.

• Will the documents be legally valid? Since most of these do-it-yourself wills are created and executed without any oversight from an attorney, a larger number of wills may not be executed in compliance with the proper will formalities, and that could end up invalidating the will.
• Do you fully understand the questions and consequences of your answers? There are many nuances in estate planning, as well as a good bit of legal jargon. Confusion over the question or the consequences of a decision can result in costly mistakes … and could even mean your will won’t hold up to a challenge in court.
• What about asset protection? There is more to estate planning than just giving your stuff away after you die. How you transfer ownership of your assets can mean the difference between a protected inheritance and legacy for many generations … or the squandering or loss of a person’s life’s work within a few years … or months … after they pass away.
• Is there any planning for long-term care? It’s estimated that more than half of people turning age 65 who will need some type of long-term care services in their lifetimes. Proper estate planning should balance the possibility that you will need assistance paying for nursing home care (Medicaid), with other estate planning goals. Mistakes in this area could disqualify you from receiving assistance should you need it.

As COVID-19 keeps people home, meeting with a lawyer to create a will could not be easier. In most states, a lawyer’s services have been deemed “essential,” even during stay-at-home orders. We are doing everything we can to make our services as easy and convenient for you as possible, including meeting over telephone, online video services and other innovative ways to ensure you get the planning you need while complying with all safety measures.

C19 UPDATE: Guide to Resources Available for Small Business Disaster Relief

The US Chamber of Commerce compiles online guide with updates and resources to help small business survive the coronavirus pandemic.

If the coronavirus pandemic has hurt your business, visit the US Chamber of Commerce resource site for a wealth of resources to help your business survive.

Priority reading on this site includes

• Everything You Need to Know About Coronavirus Federal Small Business Stimulus Aid Programs
• Everything You Need to Know About SBA Disaster Assistance Loans
• How to Apply for an SBA Disaster Relief Loan
• Resources to Help Your Small Business Survive the Coronavirus

Other resources include expert articles on business strategy and analysis, technology, managing a remote team, and their Coronavirus Response Toolkit, with shareable graphics and helpful information suitable for posting to social media to help boost your business’s visibility online. 

Resource: Coronavirus Small Business Guide, https://www.uschamber.com/co/small-business-coronavirus

C19 UPDATE: CDC Updates Coronavirus Guidance for Businesses

As we learn more about the coronavirus the Centers for Disease Control (CDC) is updating the guidance they give to business owners and employers. They issued updates on Friday, March 21^st to include

• Updated cleaning and disinfection guidance
• Updated best practices for conducting social distancing
• Updated strategies and recommendations to be implement now to respond to COVID-19

If you are a business owner, you may want to bookmark this page and check back regularly for updates: https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html

Resource: Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19), updated March 21, 2020, https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html

Estate Plan Success Check-Up Checklist

When was the last time you gave your personal Estate Plan a “check-up?”  More importantly, how sure are you that your Estate Plan will be a success when it is needed the most when the time comes? Got 10 minutes to give your Estate Plan a “fire-drill?”

Unfortunately, many people view their Estate Plans as static, once-in-a-lifetime events, i.e., just sign the documents and forget about it.  However, the truth is that your Estate Plan (and estate planning) is a dynamic process that needs to be periodically reviewed and updated to make sure that it remains consistent with your wishes, current assets, and the ever-changing laws.  As such, we often see out-of-date Estate Plans fail when the person becomes incapacitated or dies.  The end result is typically a trip through either the guardianship or probate courts (or both!). 

If you have never heard of an Estate Plan “check-up,” or you are not sure whether your personal Estate Plan is up to date in the event of an illness or death, then we encourage you to take 10 minutes to answer 15 questions on our Estate Plan Success Check-Up Checklist and self-assess whether your current Estate Plan will work to accomplish your goals of providing for your case during an incapacity, protect your loved ones, and pass your assets to the right people (and exclude the wrong people), when you want, and how you want.

Hopefully, the above Checklist will help give you peace of mind that your Estate Plan will be a long-term success.  However, if your answer to any of the questions was “No” or “Don’t Know,” then this is a strong indication that your Estate Plan may be out-of-date, and needs to be professionally reviewed and updated.  In that case, please do not hesitate to contact us for a complimentary consultation of your Estate Plan, and to discuss what steps you can take to make your Estate Plan a success!!