Military Veteran Attorney Blog

Estate Planning and Michigan Probate

Wed, 14 Dec 2011 08:49:51 -0600

Estate Planning – More Than Just Avoiding Probate

Besides the obvious and often exaggerated fears of dealing with the probate court, such as lack of privacy and added cost, there are other important reasons to avoid probate that attorneys might not tell you. After the loss or incapacity of a loved one, family members are naturally bewildered and stressed out. Most go through different stages of grieving while others skip right to anger and disbelief. Add to this volatile mix, years of childhood hurt and unspoken frustration, and you have an expensive battle where no one wins, except the attorneys.

This battling can literally rip families apart. That is why it is so important to have the necessary estate planning documents, such as a trust, will and durable power of attorney for both financial and healthcare in place. It is also important to review these documents with your family. This way your wishes will be legally documented and your family can focus on grieving for their loss and not on fighting over what needs to be done.

Our office specializes in preparing the appropriate estate plan to help you and your loved ones focus on what is really important during stressful times. If you would like to make sure your wishes are known and your family can rest easy, call our office now. We would be happy to help.

Michigan Estate Recovery

Fri, 09 Dec 2011 09:32:55 -0600

Confused about Estate Recovery in Michigan? Apparently, so is the State of Michigan.

After several years of thumbing its nose at CMA, the State of Michigan finally adopted an estate recovery program. The legislature enacted law requiring estate recovery for long term care Medicaid recipients. The end result is that estate recovery will effect any nursing home recipient who received benefits prior to May of 2011. Although estate recovery was not formally accepted as a regulation within the state's Medicaid system until July 2011, it is apparent that the State implemented the new law effective May of 2011.

Even more confusing than the effective date of the new law, its implementation is even more puzzling. The State has contracted with an outside agency, HMS, to collect debts from the estates of Medicaid recipients. The forms and procedures used by HMS are confusing to everyone, including attorneys and the agency itself.

Despite the confusion, it is clear that, in its current form, estate recovery in Michigan, only applies to Medicaid recipients that pass away leaving an estate to probate.

If you are a current long term care Medicaid recipient, or the family member of a Medicaid recipient and have questions, please call (586) 264-3756 to discuss your options.

Our firm has the knowledge and experience to assist you with Medicaid planning.

Thanks To All Michigan Veterans

Wed, 07 Dec 2011 08:39:10 -0600

December 7, 2011 marks the 70th Anniversary of the Japanese attack on Pearl Harbor. The attack was a shock to our nation and led directly to our involvement in World War II. This day, describe as “a date which will live in infamy” by President Franklin D. Roosevelt, reminds us of some very important lessons. Our veterans have given their lives to defending our great county. I would like to personally say thank you to the veterans and their families who fought in this battle or were affected by this tragic event.

As always, our firm is dedicated to assisting caregivers, particularly with Aid and Attendance benefits. Should you have any questions regarding A & A or VA benefits, please, call our firm. We would be happy to help.

Increase in VA Benefits

Tue, 06 Dec 2011 08:39:44 -0600

Finally, some good news from the federal government that will benefit Michigan residents receiving VA non-service connected pension benefits. After several years of not receiving a cost of living increase (COLA), the government has announced a 3.7% increase for benefits.

In addition to social security, this will include VA benefit payments. If you are a veteran receiving Aid and Attendance Benefits (A&A) this will result in a much needed raise to assist you with your care expenses.

The new monthly amounts are as follows:

Single Veteran: $1,703.00
Married Veteran: $2,019.00
Surviving Spouse: $1,094.00
Two Veterans: $2,630.00
Improved Pension Only: $1,338.00

The end result: If you are a wartime veteran receiving benefits expect an increase. If you are a veteran or family of a veteran looking for a way to keep your loved one at home or looking for an assisted living facility, the A&A benefit can be a life saver.

As always, if you need assistance with VA benefits, particularly A&A, please call our firm.

(586) 264-3756

Considering A Florida Power of Attorney?

Thu, 04 Aug 2011 09:19:55 -0600

Often times we have clients that need assistance in Florida. The great snowbird migration of the upper midwest to sunshine states can affect clients living in multiple states. In Michigan it seems that most seniors and retires enjoy spending winters in Florida.

Although we do not practice law in Florida, we frequently refer to experts in different ares of Florida law. One such expert that I frequently defer to in the areas of Elder Law, Medicaid Planning, Veteran's Benefits, Probate, and, Estate Planning is Mark Lewis.

Mark is a highly skilled attorney working in the Tampa / St. Pete's area. He can be reached at:

6830 Central Ave., Suite D
St. Petersburg, Florida 33707
Tel No. 727-381-1946
Fax No. 727-384-4633

If you are a Michigan resident looking for help with Florida Law or are a Florida resident following this blog please feel free to contact Mark and let him know that you read this article.

Attached is a great article authored by Mark Lewis regarding recent changes to Florida law affecting power of attorney documents.

Filing A VA Claim in Michigan? Get Ready to....Wait!

Tue, 19 Apr 2011 14:08:22 -0600

A recent article in USA Today reports some rather grim statistics. The recent opening of service connect claims related to Agent Orange exposure compounded with the need to file for non-service related claims by WWII and Korean War veterans has caused a serious backlog of VA claims.

The total number of claims since last April has almost doubled (448,000 to 756,000). Although the VA has hired an additional 3,000 workers to assist with claims, the delay in claim resolutions has caused an average delay of eight (8) months.

This will mean ultimately that after a filing a claim, veterans will be forced to follwo the old military mantra of: "Hurry up...and wait".

However, claims can be expedited by doing several things:

1. Work with a qualified, accredited attorney.
2. Make sure that you are eligible for benefits, if you are applying for non-service connected benefits, before you apply.
3. Provide all information that you need to process a claim with your initial application.
4. Designate a VSO to assist as a fiduciary with your claim.
5. Whenever possible file a "statement in support of claim" indicating that you have provided all necessary information to determine your eligiblity for benefits.

Little Known VA Benefits

Thu, 07 Apr 2011 11:24:02 -0600

From time to time, I receive requests by authors of other blogs to post guest contributions. This latest entry comes from Mr. Matt Polsky of www.vabenefitblog.com. VA Benefit Blog focuses on providing service members and veterans with up to date information on the benefits they have earned through serving our country.

They recently ran an article entitled, “Rule Change for Post-Incarceration Veterans Health Care”. The article is about the new program the VA has started that aims to reduce the number of repeat offenses among veterans. The program allows veterans that are in post-incarcerated housing to still receive healthcare through VA facilities instead of prison facilities. The full text of the article can be found at their site.

For your convenience, I have added the article, in its entirety, to this post.

Appealing a VA Claim

Wed, 06 Apr 2011 11:37:35 -0600

I would like to thank James Kelley, a University of Missouri law student, for providing us with the following post.

After their service, veterans of the U.S. Armed Forces are entitled to a number of benefits. Common benefits include service-connected disability compensation, VA-provided health care, the VA Home Loan program, educational assistance, and Aid and Attendance Allowance. Some benefits, like VA home loans, come with a guarantee to lenders that give military homebuyers a chance to fully finance their homes. Outside of approving a Certificate of Eligibility and sending out a VA approved appraiser to determine the value of the home, the Dept. of Veterans Affairs has very little to do with this sort of benefit.

But in order to put other benefits to use, veterans must file specific claims with the VA. It is well known that the VA must determine the average loss in wages due to diseases and injuries that are related to service for veterans to receive disability compensation. As for health care, the VA offers health insurance, known as CHAMPVA, through the Veterans Health Administration. GI Bill benefits vary for each veteran, but they may include payment of tuition, stipends for books, and the Yellow Ribbon benefit.

Aid and Attendance Allowance (A&A) is another benefit that consists of general pay to veterans, spouses and parents. A&A allowance is included in all compensation, pension programs, and dependency and indemnity compensation (DIC). For veterans, the VA makes the decision on how much to award based partly on the veteran’s need for another person’s aid. The VA also considers the frequency by which the person provides that aid to the veteran. Receiving A&A may qualify a veteran for Special Monthly Compensation (SMC), which is paid in lieu of or added to combined degree compensation. Surviving spouses or parents may be entitled to A&A if they require aid from another person and were dependent on a deceased veteran.

Family Law in Southeast Michigan and Macomb County

Tue, 22 Mar 2011 08:06:28 -0600

In addition to assisting seniors with long term care and personal injury victims, our firm also is a leader in the practice of family law in Macomb County.

Often times, family law issues evolve from long term care planning issues. Our goal, as a firm, is to offer full legal services to the community as a whole.

We are pleased to announce the arrival of Kevin J. Peters. Kevin comes to Serafini, Michalowski, Derkacz and Associates, with over fifteen years experience as a litigator. Kevin focuses his practice in family law, medical malpractice, personal injury and litigation. Kevin will serve our firm and our community as our divorce and child custody specialist.

In addition to being an accomplished litigator, Kevin is also an accomplished musician. Kevin is a classically trained musician and jazz musician. He can fight it out in Court just as well as he can belt out a tune on his saxophone.

If you are in the metro-Detroit area and looking for a divorce or child custody attorney, look no further than Serafini, Michalowski, Derkacz and Associates, P.C. and ask for Kevin Peters to represent you!.

Remember...

"Call First! Act Second!"

(586) 264-3756

Asbestos and Veterans

Tue, 22 Mar 2011 07:55:07 -0600

Are you a veteran suffering from asbestos exposure in Michigan? If so, please contact my good friends at the Mesothelioma Center. They can be a great resource for veterans and their families facing asbestos related illnesses. Here is their information:

Hundreds of thousands, if not millions of living veterans were exposed to toxic asbestos-containing materials during military service which could develop into mesothelioma. The Mesothelioma Center provides a complete list of occupations, ships, and shipyards that could have put our Veterans at risk for developing asbestos-related diseases. Our goal is to offer a one-stop resource on all asbestos and mesothelioma-related information ranging from occupational exposure to mesothelioma clinical trials.

Michigan Vietnam Veterans with Agent Orange Exposure

Mon, 24 Jan 2011 10:29:11 -0600

Significant changes have occurred within the Department of Veteran's Affairs that may affect your ability to receive VA benefits if you are a Vietnam era veteran that suffers from certain conditions.

Certain diseases and conditions are now viewed as presumptive illnesses related to the conditions Agent Orange (a herbicide used during the Vietnam Conflict) exposure.

Ischmenic heart condition, Parkinson's disease, and hairy cell and other "B" cell leukemias have now been added as presumptive to Agent Orange.

This means that if a soldier had his/her boot on the ground (or served on certain ships) at any time from January 9, 1962 thru May 7, 1975 and either has (or died of ) one of these presumptive conditions, there is a potential service connected compensation claim for the veteran or a service connected DIC claim for the surviving spouse, dependent child, or parent because the condition or death is presumed to have been caused by exposure to Agent Orange. In addtion, a soldier who served on the Korean DMZ during the Vietnam Conflict may also be eligible, even though he was not actually in the country of Vietnam.

These are all combat related conditions, which also opens up the possibility of Combat Related Special Compensation (monetary) benefits from the Department of Defense for those retired military Vietnam veterans who are suffering with these conditions.

Please remember that one can go back on prior spouses for DIC and it may also be possible for a parent of a single soldier/veteran who died service connected to file for DIC, regardless of that parent's age or when the soldier/veteran died.

The VA is currently going back and re-opening hundreds of thousands of claims and attempting to contact both veterans and survivors to see if benefits are owed.

If you are a veteranresiding in souteast Michigan or the Metro Detroit area and suffer from conditions that are related to Agent Orange exposure, and have legal questions, please feel free to contact us.

Elder Law and the Center for Veteran's Benefits in Michigan

Fri, 19 Nov 2010 11:04:49 -0600

Our firm is pleased to announce that we have moved to our new offices located at 44444 Mound Road, Suite 100, Sterling Heights, Michigan 48314. Located south of M-59/Hall Road on the east side of Mound Road, our new building is accommodating to seniors and provides easy access to M-59 and nearby freeways.

As most readers of this blog know, our firm proudly serves the metro Detroit area including Macomb, Wayne, Oakland, St. Clair, and Washtenaw counties. We have clients across the state of Michigan and have several clients with children across the country. In order to better serve clients across the State of Michigan, we have established a referral network called The Center for Veteran's Planning. The goal of the Center for Veteran's Planning is to establish a network of affiliated offices across the state to assist veteran's with legal issues and benefit planning.

Although we have established ourselves as a general practice firm with expertise in Elder Law and VA benefit planning, the attorneys at our firm each specialize in their own areas of practice. If you have a legal need or question remember... Call first...Act Second!

Are you a Veteran in Michigan and Expecting a Raise?

Mon, 15 Nov 2010 10:56:39 -0600

If you are a veteran in Michigan and expecting a raise or increase in benefits, you may be waiting another year.

VA benefits generally follow the same trend as Social Security benefits. For those of you who don’t know, Social Security benefits will have no increase for 2011. Therefore, it is probably likely that there will not be an increase in VA benefits for 2011.

This obviously touches the lives of many. The Obama administration has proposed almost a 10% increase in funding for the Department of Veteran Affairs, but it is not clear that this will mean any across the board increases in VA benefits in 2011. Much of the $125 billion requested has been allocated to try and address veteran homelessness as well as mental health issues.

President Obama is also interested in overhauling the system used for VA benefits to make it sustainable going forward.

Perhaps an encouraging sign is that Congress is currently considering mailing out a $250 check to all 58 million Social Security recipients. The $250 check is an attempt by Congress to make up for the lack of an increase in 2011.

Of course if you are a veteran or have a loved one that is and have questions, please contact our office.

Thinking of Estate Planning in Michigan?

Thu, 12 Aug 2010 09:48:22 -0600

I recently wrote on the topic of "Do It Yourself" estate planning. As a follow up, please click on the link below to read a great article on this subject.

Kimberly Palmer of U.S. News and World Report: Money has published an article that addresses the risks associated with the creation of legal documents without professional help. Her observations come as LegalZoom, a website offering do-it-yourself legal documents, becomes increasingly popular.

After reading this article, if you have changed your mind, then call us at (586) 264-3756.

Dementia News

Fri, 06 Aug 2010 09:36:20 -0600

I subscribe to several different journals and try to follow developments in things other than law (believe it or not). Other than sports and current events, I also enjoy following recent developments in medicine that impact my clients.

This weekend, I cam across a great article on Dementia. I have republished this article for your review here:

More Education Delays Dementia Signs--But Not Damage

A new study of hundreds of human brains helps to explain why education seems to help stave off dementia

By Katherine Harmon

Education has been liked to decreased risk for dementia for decades, but researchers behind a new study opened up the brains of hundreds of people who had died with the disease to try to find out why this correlation exists.

The scientists found that the number of years a person had spent in school early in life did not change the amount of damage to the brain from dementia.

Most of the previous studies describing the link between education and risk for dementia were purely observational—a method in which "you can't really prove a cause and effect," says P. Murali Doraiswamy, head of biological psychiatry at Duke University and who was not involved in the new research. He also notes that many of the cognitive tests to diagnose dementia are biased against those who have lower levels of verbal and reasoning abilities due to less education to begin with.

"If low education is truly associated with dementia then you would see a higher pathology in the brain," Doraiswamy says. And that is not what the researchers behind the new study found. The work is described in a paper published online July 26 in Brain.

The findings indicate that a person's education in early life does not have much impact on how much physical damage dementia seems to do to the brain. Those who had the fewest years of formal education had "increased vulnerability to cognitive deterioration," the researchers noted in the study, making them less able to cope with slipping mental function.

But the conclusions do not indicate that the more learned are immune to the degenerative condition. A number of well-educated scientific minds, such as Charles Kao whose 1960s work on fiber optics won him the 2009 Nobel Prize in Physics, have fallen prey to Alzheimer's disease.

The researchers analyzed survey data and interviews from three large cohort studies in the U.K. and Finland in which subjects were followed for up to two decades. And 872 people in the studies donated their brains for postmortem analysis (some 56 percent of whom showed some signs of dementia before death). Most of those who died during the studies had finished their formal education more than 70 years before death—an association that the authors of the new paper described as "remarkable."

The years of education ranged from zero through postgraduate degrees. Subjects who hailed from the U.K. had had a nine-year mandatory school minimum at the time when subjects were growing up, but those from Finland tended to have far fewer, which was "quite informative because there was no mandatory education [there] at the time," says Hannah Keage, a researcher at the University of Cambridge's department of neuroscience and a co-author of the new study.

Education for a healthier brain?
As the number of people projected to be diagnosed with Alzheimer's disease grows by the decade, researchers struggle to tease apart the possible confounding variables to find clearer understandings of risk. Everything from diet to exercise to a word-puzzle habit have been purported to help reduce the risk of dementia, but many of these lifestyle issues are also intimately linked to education.

"There's a really big hypothesis that those with less formal education led a less healthy lifestyle," Keage says, "but we didn't really find that at all." Many studies have pointed to a greater risk for cardiovascular disease in lower socioeconomic classes (in which people are also likely to have fewer total years of education). But the brain dissections showed that vascular damage, which has been linked to dementia, did not correlate with the amount of formal education a person had had in their younger years.

The researchers did find that on average, those with additional years of formal education had heavier brains at the time of death.

"We can't tell if it's education leading to greater brain weight," Keage says. "It may be that those with larger brains are more predisposed to taking more education." As she and her colleagues discuss in the study, the more substantial heft might be due to an increased number of synapses as a result of education—and a more stimulating, healthier mental life thereafter.

Researchers are still on the hunt to figure out just what role early-life education has on later-life cognitive performance. "Is it truly a cause and effect, or is it a marker for something else?" Doraiswamy asks of education. Education, he suggests, could be a marker for something as distant as prenatal nutrition, as mothers who do not get the proper nutrition while pregnant often give birth to children with smaller brains.

Improving odds
Although no cure exists for Alzheimer's or other forms of dementia, some research results have suggested slight benefits if dementia is diagnosed early. As such, does this mean that a more educated person, who might not show signs of decline as early on as someone less learned, would be at a disadvantage?

Not necessarily, Keage says. "Those with higher education are more likely to seek services" and diagnosis if they start to feel they are slipping. She adds that "those with a higher education do have a sharper trajectory [of decline] to death."

But for most the news that formal education early in life might help delay some of the symptoms of dementia comes decades too late. "People past their education age seemed to be disappointed by the results," Keage says. She emphasizes, however, that education seems to be "just one more factor that can modify your dementia risk." Doraiswamy says it likely plays a small role and is probably less important than genetics as well as a host of health and lifestyle factors that are only starting to be parsed out.

"There's probably still some neuroplasticity left in the brain during adulthood," Doraiswamy notes. He suggests more studies of the impact of midlife and late-life hobbies and occupations to see what patterns education duration plays throughout life—and what those long past their campus days can do to improve their odds.

For now, research suggests a healthy diet, exercise and social engagement as likely to help stave off the dreaded condition. So if you did not go in for a PhD, Keage says, "I don't think it's time to give up yet."