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Philip J Hoskins,  Attorney at Law
June Newsletter

 
newsletter update June 2011 10940 wilshire Boulevard
Los Angeles, CA 90024
Tel: 310-209-8080
Fax: 310-208-8582
Email: philip@estatelawyer.onmicrosoft.com

 

In this issue
Social Security and Medicare
Specify your health care wishes
Workshops
My gift to you
  Practical Suggestions 
  When a loved one Dies 
   
   
Workshops
I would be happy to set up a free workshop for your group or a small gathering of your friends. Email me or call me (310) 209-8080 to get started.

Upcoming Workshops

For the past several years I have teamed up with a certified financial planner in presenting workshops specifically for the LGBT community. These FREE workshops are a continually evolving examination of the special legal and financial problems and unique opportunities for the LGBT community! The persistent lack of Federal recognition of LGBT partnerships creates widespread disadvantages for all members of the community, regardless of one’s relationship status or economic position. The introduction of State-level recognition via Civil Unions, Domestic Partnerships and state-specific Marriages has further complicated and convoluted the protections offered to all members of the community.

The next ones are all at 11 a.m.:

West Hollywood Plummer Park, August 6 

Pasadena Convention Center, August 13

Long Beach First Congregational Church, August 20

Email me for details

My Gift to You

As a summertime gift to you, I offer a $100 reduction in my regular fees for new estate planning clients. This offer is good for you or any friend that you send this to and mentions this offer.

To take advantage of this offer, I must receive a down payment by July 15, 2011.

For individuals this means down payments of $500 (Reduced fee is $795) and for a couple $600 (reduced fee is $1,095).

For more information about these packages and fees, click here



Some Practical Suggestions
1. Do not sign the back of your credit cards . Instead, put 'PHOTO ID REQUIRED.'

2. When you are writing checks to pay on your credit card accounts,
DO NOT put the complete account number on the 'For' line. Instead, just put the last four numbers. The credit card company knows the rest of the number, and anyone who might be handling your check as it passes through all the check processing channels won't have access to it.

3. Put your work phone # on your checks instead of your home phone. If you have a PO Box use that instead of your home address. If you do not have a PO Box, use your work address.
Never have your SS# printed on your checks.

4. Place the contents of your wallet on a photocopy machine. Do both sides of the each license, credit card, etc.  You will then know what you had in your wallet with all the phone numbers in case your wallet is lost or stolen. We've all heard horror stories about fraud that's committed on us in stealing a Name, address, Social Security number, credit cards.

If your wallet was stolen or lost, here's some critical
information to limit the damage:
5. We have been told we should
cancel our credit cards immediately. But the key is having the toll free numbers and your card numbers handy so you know whom to call. Keep those where you can find them.

6.
File a police report immediately in the jurisdiction where your credit cards, etc., was stolen. This proves to credit providers you were diligent, and this is a first step toward an investigation (if there ever is one).

But here's what is perhaps most important of all:
 
7. Call the 3 national credit reporting organizations immediately to place a fraud alert on your name and also call the Social Security fraud line number. I had never heard of doing that until advised by a bank that called to tell me an application for credit was made over the internet in my name.  The alert means any company that checks your credit knows your information was stolen, and they have to contact you by phone to authorize new credit.  Now, here are the numbers you always need to contact about your wallet, if it has been stolen:

1.) Equifax: 1-800-525-6285

2.) Experian (formerly TRW): 1-888-397-3742

3.) Trans Union : 1-800-680 7289

4.) Social Security Administration (fraud line):
1-800-269-0271


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Welcome to Summer

As summer approaches we think of vacations, getting outdoors, barbecues and other ways to enjoy the marvelous climate of Southern California.

For this Newsletter I want to highlight some common sense safety precautions and tips as well as comment on issues connected with aging. I always welcome your feedback and questions regarding these or other topics.

Of course, I am an attorney, so I have to say that nothing written here is intended as legal advice.

Social Security  and Medicare

You may have seen in the media lately a lot about the health of these federal programs and what to do about projected budgetary problems. Yet Social Security remains one of the important elements of any retirement planning.

 

If you want to find out how much you can expect when you retire from Social Security, here's a free calculator from Social Security that will tell you in less than 2 minutes how much you will get at Retirement.

 

If you are approaching 62, you may wish to visit the government site for Medicare: http://www.medicare.gov/ Among other topics, there is a great tool for selecting a provider for prescription drug benefits: https://www.medicare.gov/find-a-plan/questions/home.aspx


Specify your wishes for care during later stages of life 

Lately we have spoken with a number of people about what happens in the later stages of life. It is a difficult time for many of us and we may need to consider special care and moving to a treatment facility.

I have added a new choice to our Advance Health Directives that you may wish to consider adding to yours. If I have already done your Health Directive,  I will prepare a new one for you at for a fee of $50 adding this language:

I wish to live in my home for as long as that is reasonably possible without endangering my physical or mental health and safety and to receive whatever assistance from household employees or personal care givers may be necessary to permit me to do so; provided, however, that in the event my agent determines that appropriate household employees or personal care givers are not available without putting my financial position or physical or mental health or safety at risk, then I wish to live in the least restrictive and most home-like setting deemed appropriate by my agent.  I further request that I live as near as possible to my primary residence in order that I may visit with friends and neighbors to the degree my agent believes that I will benefit from such relationships.  I wish to return home as soon as reasonably possible after any hospitalization or transfer to convalescent care.  If my agent determines that I am no longer able to live in my home, I wish that my agent consider alternatives to convalescent care which will permit me as much privacy and autonomy as possible, including such options as placing me in an assisted living facility or board and care facility.”

Send me an email if you want this change made.


When a loved one dies
These are some of the immediate steps that need to be considered when someone dies for whom we are responsible.

When a loved one dies, the details that need to be taken care of by survivors may be particularly overwhelming during such an emotional time. This checklist is intended to help survivors handle the situations that need tending to, both at the time of death and afterward, as efficiently as possible.

Disposition of Remains: Regardless of the nature or size of the estate involved, there are always questions involving decedent's funeral and disposition of the body. These issues include the possibility of an inquest, decedent's possible donation of body parts, and effectuating funeral directions, if any. All of these matters must be addressed in close consultation with the decedent’s survivors, both from a psychological and legal perspective.

Anatomical gifts

Gifts of body parts are governed by the California Uniform Anatomical Gift Act. Decedents usually make these donations personally; but certain surviving relatives and fiduciaries may also make them. Sometimes the decedent has executed a Power of Attorney dealing with this authority.

The funeral

Prior to death, persons are entitled to give oral or written instructions as to the preferred disposition of their remains (i.e., manner of disposition, type of funeral, etc.). Subject to the coroner's statutory responsibilities, these instructions must be followed. Decedent's funeral directions control whether or not they are made in a will. And, if made by will, the instructions must be carried out immediately, without delay for probate and notwithstanding the will's validity in other respects. Access to decedent's safe deposit box for possible burial instructions and will. Individuals in possession of the appropriate keys have a statutory right of limited access to a decedent's financial institution safe deposit box before letters issue. There must be no living co-owner of the box and the person seeking entry must provide reasonable proof of his or her identity and proof of the decedent's death (e.g., certified copy of decedent's death certificate). Entry may be made only under supervision of the institution's employees. And, although the person entering the box may remove burial instructions, wills and trusts, he or she must photocopy any removed wills or trusts and place the copies back in the box. Moreover, removed wills must be filed with the superior court and copies mailed or delivered to the named executor or beneficiary.

Funeral decisions where no instructions from decedent

If decedent has not provided for his or her interment by a will or other direction, the right to control disposition of the remains descends to the surviving relatives. The statutory schedule of priority is: first to the surviving spouse, then to the surviving children, parents, next of kin under laws of succession, or the public administrator.

Prepaid funeral contracts

You should ascertain whether decedent had executed a prepaid funeral contract so that you can make arrangements and inform any relatives accordingly.

Obtain certified copies of death certificate

Certified copies of the death certificate will be needed to effect certain transfers of decedent's assets (e.g., securities, joint tenancy property; and, if applicable, pursuant to a Sec. 13100 declaration or a Sec. 13200 declaration. They will also be needed to apply for payment of various death benefits. Usually, the funeral home will provide plenty of copies. But the trustee/executor should verify that the immediate relatives have received the copies and should caution them to preserve those copies.

For expert advice regarding probate, seek the assistance of Los Angeles estate planning lawyer Philip J. Hoskins. Call us today.
 
Nothing contained in this email is intended as advice on any issue discussed nor is it intended to create an attorney-client relationship.
Philip J. Hoskins
Attorney at Law
10940 Wilshire Blvd., Suite 1400
Los Angeles, CA 90024
310-209-8080; fax 310-208-8582
https://www.estateprobatelawyer.com
This e-mail is intended only for the person or entity to which it is addressed and may contain information that is confidential, privileged or otherwise protected from disclosure. Dissemination, distribution or  copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please contact Philip J. Hoskins at 310-209-8080 or by email at philip@estatelawyer.onmicrosoft.com. Also, please destroy the original message and all copies.

I am located in Westwood Village, 10940 Wilshire Boulevard, Suite 1400, Los Angeles, CA 90024.  We are near the junction  of I-10 and I-405.

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