Is it Enough to Just Have a Will?

Did you know that according to research by the AARP (formerly known as the American Association for Retired Persons), 6 in 10 American adults don’t have a Last Will and Testament? The statistics get worse in the younger segments of society, with a massive 78% of Millennials (adults between 18-36) and 64% of Generation Xers (age 37-52) without a Will or any form of estate plan. So, it’s easy to think that if you do have a Last Will and Testament, you’re doing really well in terms of planning for the future.

A Last Will and Testament is the Foundation of Your Estate Plan 

While a Last Will and Testament is an important document that every single adult should have, it’s a very simple and limited tool in many ways. This means that if you have anything other than very basic planning needs, it’s not enough to accomplish what you want to do with your estate. For this, you need estate planning – a comprehensive strategy for determining:

  • The distribution of your assets
  • How your assets should be managed in the event of disability or you become unable to manage your own financial decisions
  • How your healthcare should be managed in the event that you become unable to manage these decisions yourself
  • How best to manage your financial assets to save you and your heirs substantial legal fees and taxation
  • How to minimize the probate process (which can be lengthy even in the event of an uncontested Will)

In this way, an estate plan is also an estate plan. It allows you to set up specific trusts that work for your particular needs (for example, a trust that minimizes taxation on your estate or provides specific care for a loved one with special needs or provides for minor children) and manage your finances in a way that ensures your heirs receive your hard-earned assets – not the state.

This doesn’t mean that estate plans are only for the wealthy – no matter the size or complexity of your assets, the most important thing is to develop a plan that suits you and provides for your loved ones.

Regularly Review Your Will and Estate Plan with Your Estate Planning Attorney in New Jersey 

Estate plans need to be kept up-to-date as our lives change and evolve, whether you’re starting a new business, buying investment property, or expanding your family. At Sedita, Campisano and Campisano in New Jersey, estate planning attorney Frank Campisano is ready to assist you with all your estate planning needs – whether you need to make a business succession plan, Last Will and Testament, Power of Attorney, set up Trusts or to minimize inheritance tax on your estate.

Contact us today and let us deliver expert estate planning advice to take care of all your wishes. For more information, please visit our website at http://www.scclegal.com/

 

Important Changes to Veteran Care Legislation

Recently, the US Senate passed new legislation that impacts on veteran care. The bill, known as S2373 or the VA Mission Act of 2018, expands on long-term care and post-acute care (LT/PAC) options. Here are some insights into what this bill means, and the changes veterans can expect, from a leading elder law attorney in New Jersey.

New Care Program and Reimbursement Process for Veterans 

Having been passed by both Houses of Congress, it will be signed into law to create the Veterans Community Care program and set in place a new claim reimbursement process that will come into action in 2019.

Currently, there is a disparity between Medicare Parts A and B or Medicaid providers who were not considered to be federal contractors. Current providers with VA patients are considered to be federal contractors and as such, have to comply with regulations in the Service Contract Act which are more complex and rigorous than those required by Medicare and Medicaid regulations. The VA Mission Act of 2018 will aim to solve this issue, removing excessive relations, red tape and legal issues to ensure that there are more LT/PAC options like nursing home care, home and community-based care/services available to providers and veterans that meet Medicare and Medicaid compliance.

Other key provisions of the proposed law include increasing access to long-term care options for veterans in their home communities, ensuring better access to friends and family. Caregiver benefits are also going be expanded to include all veterans regardless of when they served their country, where previously it only included post 9/11 veterans. The 30-day/40-mile rule which often required veterans to travel long distances to access their care benefits will also be removed.

Care-related services through the VA will also be streamlined, ensuring that currently enrolled vets who have accessed the VA healthcare system in the last 2 years will automatically gain access to community clinics, that VA providers who do not treat veterans are removed from the system, and that the VA will be required to schedule appointments in a timely manner.

Want to Find Out More? Speak to a Leading Elder Law Attorney in New Jersey 

This bill is an attempt to simplify and streamline a system that has long been criticized for being overly complicated, helping to ensure that veterans receive the care they need in a way that is timely, easier and based within local communities. To find out more about how these changes will affect you or a loved one, speak to your elder law attorney.

Frank R. Campisano is highly experienced and compassionate elder law attorney in New Jersey with considerable knowledge of veterans’ benefits, including assisting with applications, appeals and other Veterans and elder law issues. In addition to this assistance, he can help you with navigating issues around estate planning, as well as drawing up other legal documents including a Power of Attorney, Last Will and Testament, Medical Directive and more.

For a free consultation, please contact us today and speak to Frank R. Campisano or visit our website at http://www.scclegal.com/

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