Tag: #EstatePlanningLawyer

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Stephen J. Silverberg Named a Top Business Leader by Prominent Nassau Publisher

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I am honored to be named to Blank Slate Media’s first Top Business Leaders of Nassau County Award and invite you to join me on Thursday, February 18, at 7 PM for a virtual awards event with Michael Dowling, CEO of Northwell Health as a fellow honoree and keynote speaker.

As if being honored along with Michael Dowling wasn’t enough, I am pleased to find myself in such good company. Other local luminaries being honored that night include:

  • Stuart Rabinowitz, President, Hofstra University
  • Andrew Malekoff, CEO North Shore Child and Family Guidance Center
  • Michael N. Rosenblut, President & CEO, Parker Jewish Institute
  • Jeffrey L. Reynolds, President & CEO, Family and Children’s Association
  • Phil Palumbo, Founder, CEO, Palumbo Wealth Management
  • Jan Burman, President, The Engel Burman Group
  • Edward Blumenfeld, President & Founder, Blumenfeld Development Group
  • Richard Kessel, Chairman, Nassau County IDA/LEAC

We were asked about the business impact of the pandemic in March 2020 when the state placed all but essential services on “pause.”

We transitioned to remote work smoothly, as our firm’s management, document storage, and communications systems were all internet and cloud-based even before the pandemic, allowing attorneys and staff to work in the office, at home, or anywhere. Investing in technology has always been a high value at the firm, and clients benefited from our ability to keep working without interruption. Since returning to the office, we have followed all CDC guidelines, including masks and sterilization requirements.

To see the complete list of honorees and register for this virtual event, click here.

To see the journal for this event, click here.

We hope to “see” you on Thursday, February 18!

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Estate Planning Tells Them You Really Care

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Another box of chocolates, another dozen roses, but after Valentine’s Day has been and done, and these are fleeting moments. What is not fleeting is an estate plan, which may not sound romantic until considering how much an estate plan shows your love.

We’re not kidding.

An estate plan includes a will. That gives your loved ones security, in knowing you have planned for their well-being after you are gone. A surviving spouse will know what your intentions are and, if they are named the executor, be able to put your plan into effect.

Without a will, your surviving spouse and family members must go to court and an extensive process to determine what happens to your assets. The time and expense in settling your estate far exceed the cost of a proper will.

An estate plan also includes trusts. A trust can be either created while you are living or in your will. The use of trusts can prove essential to protecting your family from outside claims such as healthcare costs and marital and creditor claims. It is a great kindness, ensuring that your loved ones can access assets (depending upon the terms of the trust) and have one less pile of paperwork to deal with.

An estate plan addresses taxes. While most Americans do not come near today’s current federal estate tax exemption of $11.7 million per person, odds are the estate tax exemption will soon be reduced to somewhere between $3.5 million to $5 million. This will cause a tenfold increase in taxable estates. And there are state taxes to deal with and taxes on certain inherited assets. Creating a comprehensive estate plan address tax issues, including retirement accounts and real property. Tax planning could make a significant difference in the quality of life for your surviving spouse.

Estate plans include documents that protect you and your family while you are living. A health care proxy will give your loved ones the ability to decide on your behalf if you are severely sick and cannot communicate your wishes. An Advance Directive will clarify your wishes for end-of-life care.

Think of the stress alleviated if your spouse need not play guessing games about what you want to happen. And the years of guilt if they decide in haste and during the high emotions of your illness without knowing what you wanted.

A few other steps to take to complete your estate plan:

  • Review your power of attorney to make sure it is still current and valid.
  • Review your life insurance beneficiary designations.
  • Review all accounts with beneficiary designations to ensure you still want the people named to receive your assets.

You can always go out to dinner or send your true love a gift. But the gift of an estate plan demonstrates love in a much deeper way – by showing your loved ones you care enough about their lives when you are not with them.

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Medicare requires a specific form or it won't provide information

Power of Attorney is Not Enough for Medicare

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A power of attorney is usually enough to take charge of a loved one’s financial and medical matters when they become incapacitated. But with Medicare, you need more than a POA.  Many people learn this the hard way. It is a problem that can be easily solved and will save you and your loved ones a great deal of trouble.

A refresher:

  • A Financial Power of Attorney (POA) allows you to name a person handle your financial and legal affairs if you are incapacitated.
  • The Medical POA allows the named person to make critical medical decisions on your behalf.
  • You must sign both of these documents while you are of sound mind and able to decide on your own.

Medicare does not care about your POAs. Medicare requires you to use its form to give a family member permission to discuss your condition, treatments, coverage issues, manage claims, and file appeals. Without it, Medicare will not speak to a family member – even a spouse. You need to do this at once if you or your loved one has enrolled in Medicare. The form is available online (https://www.cms.gov/Medicare/CMS-Forms/CMS-Forms/Downloads/CMS10106.pdf.

And there’s more.  You will need separate authorizations for any other Medicare benefits, including Medicare Advantage, Part D prescription drugs, and Medicare supplement plans. It is further complicated since they all have separate authorization forms. Although they do the same thing, they often have different names. The forms are needed to authorize a personal representative to speak with plan administrators about claims and coverage.

These are challenging times when we don’t know what’s coming next. We can’t stop everything, but we can prepare.