Job Hunting After 50

Blog Post by Society of Certified Senior Advisors

 

There is good news.  Really.

Companies actually do hire seniors.  However, one unfortunate and often overlooked fact is that many baby boomer job seekers do not know how to conduct a modern job search, or properly present themselves to employers.  An ineffective resume or a poor interview can seriously derail anyone’s job search–especially that of the mature job applicant.  Unfortunately, this can shut him out of the job market.

The good news is that Carol A. Silvis is an experienced author who has taught training courses to older adults re-entering the workplace.  Having written extensively on the subject of career topics and concerns, her most recent book is Job Hunting After 50. It is specifically designed to prepare seniors for the job search by arming them with a plan for success.

This book shows them how to assess and update their skills and qualifications; use the appropriate technology; prepare their own resumes for today’s job market; and dress with style for the interview.  Silvis identifies the most common mistakes seniors make, showing them how to best avoid certain pitfalls.  In addition, she addresses their energy levels and attitudes.

The goal is to commit one’s time to finding the right job by approaching it systematically and intelligently.  Silvis has laid out some tried and true principles to follow in order to simplify the process.  Her book will be a boon for the boomers and their parents who are job hunting at this time.

Wishing you luck in your search,

-Laraine Jablon, BA, MA, is a writer living in Nesconset, New York.  She welcomes your thoughts.  Lhjablon@gmail.com

 

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No Comments by jeanblackburn on May 16, 2012
filed in Baby Boomer Age Wave, Communication and Relationships, Employment Opportunities, Financial Issues, Risks, Resources

Get Out There and Move!

Post by Paul Pomeroy of  Genworth Financial

Member, Senior Resource Alliance

 

 

 

 

 

Haven’t we all noticed a number of years does not indicate a person’s true physical age.  We all know an older friend who is in better condition than their younger family members and friends.  I consider my 83-year-old Mother who can only get around with a walker, and then I look at her 92-year-old sister who still takes walks, grocery shops, prepares her own meals and mows her lawn.

Why the difference?  Lifestyle choices from groceries we select to exercise.  As millions of baby boomers roll relentlessly into their retirement years, experts say for those 65 and over, staying active and fit can spell the difference between independence and frailty.

Any exercise physiologist will tell you, “It’s all about moving.”  The phrase ‘use it or lose it’  is true.  There are several studies showing there is no physiological reason we lose significant muscle mass, strength and mobility as we age, other than that we tend to move less.

The good news is it’s never too late to set that body in motion.  It’s been documented that eighty- and ninety-year-olds have demonstrated the ability to gain lean body mass, as well as to improve strength and balance by exercising.  As Jack Lalanne and other experts often say, “The trick is to start at a place that makes sense and progress slowly.”

By focusing on function, balance and mobility, like Yoga, Tai Chi, swimming and Pilates can enhance the aging body’s ability to perform the tasks of daily living.  There are plenty of choices for seniors to pick from in your average health club.  Now go out there and move!

Paul Pomeroy, www.genworth.com/paulpomeroy, (503) 421-0798

 

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2 Comments by jeanblackburn on April 9, 2012
filed in Physical Activity and Conditioning, Senior Nutrition and Health, Senior Resource Alliance NW, Uncategorized

Connected to Trusted Advisors

Posted by Deborah Wilkinson

Member, Senior Resource Alliance Northwest

As a real estate broker, I found myself negotiating the sale of a home when my client was diagnosed for the second time with cancer.  In spite of age, the doctors had some hope that she could again beat it.  She, along with her family, were concerned about what would happen to the sale if she died before it was completed.   While there was a Will,  as it stood, there was no way to pass the assets on outside of probate which would interrupt the sale of the home.  We needed an attorney who specialized in estates and trusts.

 

For me, finding that knowledgeable and trusted advisor to refer was easy because I was already working with Stephanie Carter, a fellow member of Senior Resource Alliance NW (our group specializes in providing important services to the 55+ population and their families).  Stephanie responded immediately, scheduling the family for a meeting to review options.  Before that could happen, my client was hospitalized.  Stephanie put together all of the documents.

That signing took place at the hospital.  Being there, I could see the relief in my client’s face when she knew everything was taken care of for her two daughters.  Four days later, she died.

Dealing with the loss of loved ones and friends is extremely difficult.  Having affairs in order takes an incredible burden off their shoulders.  With the daughters, we are currently working to close the sale of their Mother’s home, and everything is progressing smoothly because of the action we took.

As a resource group, most of the work we do together is not so extreme or urgent, but what a relief it is to have the right people close by to get the job done; and quickly when needed.

Deborah Wilkinson, GRI, SRES, Oregon Principal Broker, Premiere Property Group, 5000 Meadows Road, Suite 150, Lake Oswego, OR 97035, (503)453-3597 (direct), (503) 670-9000 (office)
www.movingthroughyour life.com

 

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No Comments by jeanblackburn on April 9, 2012
filed in Aging In Place, Education for Senior Providers, Elder Law, Financial Issues, Risks, Resources, Senior Housing Options, Senior Resource Alliance NW, Uncategorized

Reporting Elder Abuse

Posted by Meredith Williamson

Member, Senior Resource Alliance Northwest


The abuse of our elderly population is a growing problem.  Abuse can take on many forms.  It can occur anywhere. Often it goes unreported if it is perpetrated by a relative or close friend of the elderly person.

What is Elder Abuse?  For the purpose of Oregon State law regarding elderly abuse, an elderly person is defined as anyone over the age of 65.  Abuse includes:

  • A physical injury to the senior not resulting from an accident;
  • Neglect that leads to physical harm;
  • Abandonment;
  • Caregiver neglecting duties and obligations owed to an elderly person;
  • Wilful infliction of physical pain or injury;
  • Use of derogatory or inappropriate names, phrases or profanity, ridicule, harrassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to threaten significant physical or emotional harm to the elderly person or person with a disability.
  • Certain sweepstakes promotions;
  • Wrongfully taking or appropriating money or property; or
  • Sexual contact that is not agreed upon by the elderly person.

 

Should I report? You are mandated by law to report abuse if, while you are acting under an official capacity, you have reason to believe that any senior with whom you come in contact has suffered abuse, or  is the perpetrator of the abuse.  Persons who may be acting in “official capacity” include health care professionals, employees of DHS, mental health providers, firefighters, etc.

Even if you are not required by law to file a report, if you see or have reason to believe abuse is happening, you should file a report.  Just like with any criminal behavior, it is best to report the suspected abuse and let the people who are trained investigate it.  If you file a report of suspected elder abuse, and you do so in good faith, you will be protected from potential civil liability that could otherwise result from the report.

How do I make a report? Call your local Department of Human Serices (DHS) or law enforcement agency in the county where the abuse occurred.  You will be asked the names and addresses of the elderly person and any persons responsible for the care of the elderly person, the type of abuse you are reporting, names of perpetrators or description if names are not known, and any other helpful information you can think of.  A list of the DHS (Area Agency on Aging) offices can be found in the Choice Senior Resource Guide or online at http://www.oregon.gov/DHS/spwpd/offices.shtml.

Adult Protective Services will arrange for immediate protection of the senior, assess the senior’s ability to participate in the investigation and arrange for services to prevent future abuse.

June 15th is National Elder Abuse Awareness Day.  Help spread the word about the issue of abuse by sharing this post or visiting www.ncea.aoa.gov to see how you can volunteer in your area.

For a free copy of the Choice Senior Resource Guide, please call Meredith at 503-353-7870 or order copies online.

 

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No Comments by jeanblackburn on April 7, 2012
filed in Alzheimer's and Dementia, Education for Senior Providers, Family Caregivers, Senior Housing Options, Senior Resource Alliance NW

Are You the Primary Caregiver of an Elderly Loved One?

Posted by Meredith Williamson

Member, Senior Resource Alliance Northwest

 

 

 

 

If you are the primary Caregiver for an elderly family member or friend and are feeling overwhelmed and stressed, you are not alone.  The primary Caregiver is generally responsible for maintaining two households, including:  shopping, cleaning, laundry, yard and house upkeep.  Additionally, they must arrange and transport their elderly loved one to multiple doctor appointments, ordering and managing medications, paying bills and balancing accounts.  It is mentally, emotionally and physically demanding.

Caregivers not only spend time at the doctor for their loved ones, they themselves experience health issuees at a greater rate than non-caregivers.  They also tend to lose time at work resulting in reduced salaries and benefits.

If you are the primary Caregiver of an elderly loved one, it is important that you take time for yourself, too.  Adult Day Programs offer respite for you and socialization for your loved one.  Other options such as a move to Senior Housing or In Home Care means the everyday things can be taken care of and you can spend more quality time with your loved one without bearing the weight of their care needs.

For more information about Senior Housing, Adult Day or other programs that are available, please call Choice Senior Services, LLC at 503-353-7870 or email help@choiceoregon.com.

www.ChoiceSeniorServices.com

 

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No Comments by jeanblackburn on April 6, 2012
filed in Aging In Place, Family Caregivers, Senior Care Reference Materials, Uncategorized

What Happens to Your Digital Assets When you Become Incapacitated or Die?

Post by Stephanie Carter, Attorney at Law, with Draneas & Huglin, P.C.

Member, Senior Resource Alliance Northwest

What do I mean by the term “digital assets?”  This term includes any assets in a computer-readable format and stored on a computer, server, or other electronic device.  Examples include websites:  Facebook, iTunes, Twitter, Flickr and similar accounts; documents and other information saved in the “cloud;” and bank, investment and other accounts accessed over the Web.

At this time, most people have no planning in place for what happens to these digital assets when they become incapacitated or die.  Currently, Oregon, like most other states, has no law in place that gives fiduciaries (trustees, conservators, or personal representatives) access to these digital assets.  I serve on a committee of lawyers that has developed a legislative proposal to pass a law that gives fiduciaries access to digital assets.  However, the process is complicated by the user agreements that a person electronically approves when the person opens one of these accounts.  You know, the window that pops up displaying the user agreement that you automatically click the “I Agree” button on without reading the agreement?

The story of Oregon Mom, Karen Williams, illustrates the problem of accessing digital assets after a death.  When her son died in a motorcycle accident in 2005, she found his password and emailed Facebook, requesting that the administrators maintain his account so that she could read his posts and comments by his friends.  Within two hours, Facebook had blocked his account.  After a two-year legal battle, Williams finally gained access to her son’s account.

Other reasons a fiduciary may want to gain access to an account include the removal of hateful or distressing comments that may be posted (this has been a problem on Facebook memorial accounts for deceased police officers) or a conservator for an incapacitated person may need to gain access to accounts in order to determine whether the person has been financially abused.

At this time, the legal authority of a fiduciary to gain access to these digital assets is far from certain.  In fact, state law makes it a criminal offense to access the computer accounts of another person.  I invite you to think about what you would like to have happen to your digital assets when you die.  I will keep you posted on the progress of the legislative proposal in future posts.

Stephanie Carter, Attorney at Law, Draneas & Huglin, P.C., 4004 Kruse Way Place, Suite 200, Lake Oswego, OR,
(503) 496-5509, stephanie@draneaslaw.com, www.pegasusfiduciary.com

 

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2 Comments by jeanblackburn on April 4, 2012
filed in Elder Law, Financial Issues, Risks, Resources, Legislative and Political Issues, Senior Resource Alliance NW, Technology, Equipment, and Devices, Uncategorized

Helping Seniors Eat Right When Money is Tight!

Posted by Judith Auslander, MA – Senior SNAP Outreach

Rising food prices have put a lot of pressure on budgets.  Many seniors are going hungry or are eating foods that are less nutritious.  If you know of someone who needs help, *SNAP (Supplemental Nutrition Assistance Program), may help.  Currently only 1 out of every 3 eligible seniors is receiving the food assistance they deserve.

 

SNAP FACTS

  • Single monthly income limit is $1,723.  Two-person household is $2,333.  Income levels increase with more people in your household.  Note:  Check with a worker - medical costs or other deductions may help you qualify.
  • For most households, resources such as cars, homes, and/or savings or retirement accounts  do not affect eligibility.
  • You can qualify if you are working, unemployed or retired.
  • You may qualify even if you live with other people.
  • Interviews can be done by phone.

SNAP helps your community

  • SNAP dollars support your community, local business owners and stimulate the local economy.  In 2011, more than $1 billion federal dollars were returned to Oregon through SNAP.
  • There are enough SNAP dollars for everyone who needs them.
  • Just like debit cards – The Oregon Trail EBT card can be used at grocery stores and many
    farmers’ markets.

Other Benefits

  • With SNAP you qualify for telephone bill assistance (with most phone companies)
  • You may also qualify for vouchers for farmers’ markets and most roadside farm stands.

Call SAFENET at 800-723-3638 or dial 211.
For more information go to www.oregonhunger.org

*Formerly known as Food Stamps

Judith Auslander, MA – Senior SNAP Outreach, Partners for a Hunger-Free Oregon
(503) 595-5501 x7 – judith@oregonhunger.org

 

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No Comments by jeanblackburn on March 2, 2012
filed in Education for Senior Providers, Family Caregivers, Senior Nutrition and Health

Zero Space Gifting for Seniors?!

Post by Stephanie Carter,  Attorney at Law, with Draneas & Huglin,  P.C.

Member, Senior Resource Alliance Northwest

Do you ever feel overwhelmed by your personal possessions?  Do boxes occupy every inch of storage space?  Are you trying to downsize?  Do friends and family members keep giving you more “stuff?”

A few years ago I downsized from a 2400 sq. ft. home to one that was 800 sq. ft.  For months I stored my personal library, artwork, and other possessions in my brother’s huge attic.  Finally, his wife decided she needed the space.  At that point, my living room turned into a box repository.  Having to squeeze through a narrow path to reach the kitchen suddenly made it easier to give up 2/3 of my books.  The public library’s bookstore benefitted, and I received a tax deduction.  Each time I sorted through the boxes, I was psychologically ready to part with more of my possessions, many of which had been gifts to me.

Out of this experience, I developed the concept of “zero space gifting.”  My adult family members and friends, man of whom also felt overwhelmed by their stuff, were glad to adopt my new practice.  None of us needed more stuff.  We agreed that we would only give each other “zero space” gifts.  In other words, gifts that did not take up space or were disposable.  For example, one friend and I  purchased memberships for each other to the Portland Art Museum.  This gift occupied no space in our homes, was an activity we both enjoyed, and encouraged us to spend more time with each other.  Other friends, who read mysteries, purchase the current mystery, pass it around to anyone who wishes to read it, and then donate it to the public library.  (Hint:  I was a librarian in my former career.)   Other zero space gifts could include iTunes cards, a bouquet, specialty dip mixes or vinegars, a bottle of wine, or a coupon for a massage or exercise class.

As an estate planning and elder law attorney, I work with a lot of families who must clear out the family home, either because a senior family member is moving to assisted living or is deceased.  Zero space gifting, mixed with a healthy discard policy, can help ease the burden on family members during these periods of transition.  When a family member moves to assisted living or a foster care home, their space will be extremely limited.  Zero space gifting is ideal for these individuals. 

Does the concept of zero space gifting sound attractive to you?  Mention it to your “donees.”  They will likely be relieved. 

Stephanie Carter, Attorney at Law, Draneas & Huglin, P.C., 4004 Kruse Way Place, Suite 200,
Lakes Oswego, OR, (503) 496-5509, Stephanie@draneaslaw.com

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2 Comments by jeanblackburn on February 25, 2012
filed in Family Caregivers, Practical Tips and Resources, Senior Resource Alliance NW

Senior Flash Mob Shows Patriotic Spirit at Local Department Store

Blog Post by Jean Blackburn
Referral Relationship Developer, Home Instead Senior Care

I was so happy to hear that over 100 enthusiastic residents of three Retirement Communities–
Beaverton Lodge, Hearthstone and Rosewood Park–staged a “Senior Flash Mob” at the Fred Meyer Shopping Center on Beaverton Hillsdale Highway and delighted the shoppers by singing patriotic songs while waving American Flags!  As Margaret Norman of Beaverton Lodge said, “We thought this would be a perfect way to celebrate President’s Day!

Click on image below to see video:

 

 

No Comments by jeanblackburn on February 24, 2012
filed in Community Service, Local Events

Battle Over $400 Million Estate Amid Allegations of Undue Influence and Elder Abuse

Post by Stephanie Carter, Attorney at Law, with Draneas & Huglin, P.C.

Member, Senior Resource Alliance Northwest

Copper mining heiress and youngest daughter of former U.S. Senator and industrialist William A. Clark, Huguette Clark, died in May 2011 at the age of 104.  She left behind an estate totalling approximately $400 million.

Clark’s last will and testament was filed with the court in June 2011.  The will was made in 2005 and left 75% of her estate, about $300 million, to charity.  Her longtime nurse, Hadassah Peri, received about $30 million, her goddaughter, Wanda Styka, received about $12 million, and the newly created Bellosguardo Foundation received $8 million (a charitable foundation overseen by her accountant, Irving Kamsler, and her attorney, Wallace Bock).  Other employees who managed her residences received smaller sums.  Her attorney and accountant each received a bequest of $500,000.

Clark’s family has filed court documents indicating there was a different will, dated six weeks earlier, which leaves most of her estate to her family.  The documents alleged that Kamsler and Bock systematically manipulated and exploited Clark, isolating her from her family, and taking away her free will.  These allegations are the basis for a potential elder abuse and undue influence suit.  Apparently, questions about Kamsler and Bock’s management of Clark’s fortune were raised in a 2010 series of investigative reports on MSNBC.  As a result, both men were placed under investigation by the Manhattan District Attorney’s office.

Recent investigations by the Manhattan public administrator indicate that Kamsler and Bock, who were paid thousands of dollars a month for responsibilities that included dealing with Clark’s taxes, had let $90 million in unpaid federal gift taxes and penalties accrue by December 2011.  Amid rumors that the public administrator was about to request the court to remove Kamsler and Bock as executors of the estate, Kamsler resigned.

Clark’s case raises several issues that seniors should be aware of as they plan for management of their affairs in the event of incapacity and the distribution of their estate after their death.

Normally a person in Clark’s situation would have established a revocable living trust and all of her assets would have been held by the trust and managed by one or more trustees.

The trustee(s) would have been subject to fiduciary duties, their actiions could be reviewed by the court at the request of an interested person, and the trustee fees would likely have been limited to a “reasonable fee.”  A trust would also have avoided probate, kept the details of Clark’s estate private, and facilitated the transfer of assets to the beneficiaries.

Such an estate plan may have avoided the potential for elder abuse that is alleged in this case.  Under Oregon law, a person can designate a “Trust Protector” who receives annual accountings and reports on the trust and may have the power to remove and replace a trustee.  This is another safeguard.

There are also ethical issues with regard to attorney Bock receiving a bequest from Clark, particularly if he prepared the will.

Sources:  Reuters, “Family of reclusive U.S. copper heiress disputes will,” Chris Francescani, November 29, 011.  Associated Press, “Taxes questioned, accountant quits on heiress’s estate.”

Stephanie Carter, Attorney at Law, Draneas & Huglin, P.C., 4004 Kruse Way Place, Suite 200,
Lake Oswego, OR, (503) 496-5509, stephanie@draneaslaw.com

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No Comments by jeanblackburn on February 13, 2012
filed in Education for Senior Providers, Elder Law, Financial Issues, Risks, Resources, Senior Care Reference Materials, Senior Resource Alliance NW

I Can’t Get Ready to Move to a Retirement Community In A Week!

Post by Kim Megorden, CRTS, with KARE Transitions, LLC

Member:  Senior Resource Alliance Northwest

Betty was ready to move into a Retirement Community–or so the Marketing Director thought.  The move date was set, the movers had been booked, and the new apartment was ready.  Betty was not.  She had lived in her home for 30 years and had a lot of memories to sort through.  She could not accomplish this in a week.

So, the Retirement Community called a Senior Move Manager who got in touch with her right away.  Betty was very agitated and stressed.  She was convinced that all of the work that had to be done could not happen in this short time frame.   The Move Manager assured her that it could be done.

When the Move Manager arrived at Betty’s home the following day, Betty was quite distressed.  Standing in her living room, looking around, Betty was overwhelmed.  So, they started by sorting through Betty’s artwork to determine which pieces she would like to take with her.  For the next three hours, they went from room to room together, choosing and tagging the items to be moved.  Betty enjoyed talking about the things they were sorting–every piece had a story.  The Move Manager listened while she sorted and tagged.  Everything was clearly labeled for the movers so they would know where it would be placed in the new residence.  A copy of the floor plan and the color codes for the tagging system was taped to the refrigerator.  An area was set up for the Estate Sale service with items to be sold.  The Move Manager packed some items to be shipped to Betty’s family.  When they finished, Betty was all smiles.  What she thought was impossible now looked very doable.  She gave the Move Manager a big hug and thanked her.  Betty said, “I am ready to move; I am going to take a nap!”

If you are faced with the daunting task of sorting and packing a lifetime of memories, a Senior Move Manager can make this task a lot easier and more enjoyable.  The Move Manager works with clients to get everything sorted and packed according to their wishes.  They work closely with the Movers, Estate Sales, Realtors and Retirement Communities to ensure that all needs are covered for the clients. 

Kim Megorden, CRTS, (503) 819-2650, www.karetransitions.com

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No Comments by jeanblackburn on February 9, 2012
filed in Education for Senior Providers, Family Caregivers, Practical Tips and Resources, Senior Care Reference Materials, Senior Housing Options, Senior Resource Alliance NW, Uncategorized

My Doctor wants me to sign a POLST form. What’s a POLST?

Post by Stephanie Carter, Attorney at Law, with Draneas & Huglin, P.C.

Member, Senior Resource Alliance Northwest

Clients who visit my office for estate planning assistance frequently bring with them a POLST form that they received from their doctor.  They want to know if they should complete the form.  My answer to their questions will vary, depending on their health circumstances.

The acronym POLST stands for “Physician Orders for Life Sustaining Treatment.”  Some form of POLST is available in the majority of states.  The POLST is designed to be used by individuals who suffer from a terminal or life-limiting illness.  The form allows a person to express his or her wishes with regard to receipt of:
1.   Cardiopulmonary resuscitation (CPR);
2.   Degree of medical intervention; and
3.   Tube feeding.

For example, when a terminally ill person decides not to pursue life-saving treatment or opts for hospice, a brightly colored POLST will be posted in one or more prominent places in the residence (often attached to the front door of the residence and the bedroom door) to alert medical personnel to the fact that the person does not want to be resuscitated and that natural death should be allowed to occur.

To be valid, a POLST form must be signed by the individual’s attending physician, physician’s assistant, or nurse practitioner.  The POLST form becomes an official part of the individual’s medical record and may be registered with the Oregon POLST registry
(http://www.ohsu.edu/polst/programs/OregonPOLSTRegistry.htm).   The POLST follows the person wherever he or she receives medical treatment, be it in a healthcare facility, home or hospice center.

A POLST form is fully amendable.  Individuals can change their wishes at any time and are free to request medical treatment different from what is on the POLST form.  Further, individuals can grant a representative the ability to modify or revoke the POLST form in the event the individual becomes incapacitated.

The POLST complements the Advance Directive and is not intended to replace it or other estate planning (will, trust, power of attorney, etc.)  An Advance Directive is necessary to appoint a legal health care representative and provide instructions for future life-sustaining treatments.  The Advance Directive is recommended for all adults, regardless of their health status.  A POLST form should accompany an Advance Directive when appropriate.

For more information about the POLST, an extensive “Frequently Asked Questiions” page is available at http://www.ohsu.edu/polst/patients-families/faqs.htm.

Stephanie Carter, Attorney at Law, Draneas & Huglin, P>C> 4004 Kruse Way Place, Suite 200,
Lake Oswego, OR, (503) 496-5509, http://stephanie@draneaslaw.com

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No Comments by jeanblackburn on February 6, 2012
filed in Education for Senior Providers, Elder Law, End-of-Life Care, Family Caregivers, Legislative and Political Issues, Senior Care Reference Materials, Senior Resource Alliance NW, Uncategorized

Oregon Transfer-On-Death Deeds: The Good, the Bad, and the Ugly

Post by Stephanie Carter, Attorney at Law, with Draneas & Huglin, P.C.

Member, Senior Resource Alliance Northwest

On January 1, 2012, a new estate planning tool became available to Oregonians–the Transfer-on-Death Deed (TODD).  The new law allows property owners to transfer real property (i.e., real estate) to one or more beneficiaries using a TODD.   The Deed must be recorded while the transferor is still living, but is revocable and does not take effect until the transferor’s death.  This means that the property owner can sell the property at any time during his or her lifetime, automatically revoking the TODD.

Bank accounts, certificates of deposit, investment accounts, life insurance and almost all other assets have long allowed the owner to designate a beneficiary and, thus, avoid probate.  Real property, often the largest asset a person owns, did not allow such a designation.  The new TODD is intended to allow for real property to pass after death without probate.

When used in the right circumstances, a TODD could save the estate money.

As an estate planner, I have several concerns about the use of  TODDs without first obtaining competent legal advice.  Some of these are:

1.  Potential for fraud and elder abuse.  An untrustworthy individual could influence an elderly property owner to sign a TODD in his or her favor.  Such a transfer may defeat the transferor’s estate planning objectives.  The persons who would otherwise have inherited the property would have to bring a court action to defeat the TODD.

2.  18-month Cloud on Title.  When an estate is probated, there is a four-month creditor claim period, and the State of Oregon must be informed of the probate proceeding.  At the end of the claim period, clear title to the property may be transferred.  If a TODD is used, the property may not be transferred for 18 months.  One of the reasons for this longer period is to allow the state of Oregon to learn of the property owner’s death and assert a claim against the property for monies the State paid out for Medicaid care.

3.  Multiple grantors may lead to inconsistent results.  If there are joint grantors, a surviving grantor may revoke the deed after the other grantor’s death.  The revocation may be inconsistent with the deceased grantor’s wishes.

A TODD may or may not be the best tool for you to use to transfer real property at your death.  Consult an estate planning attorney to learn if this option is right for you.

Stephanie Carter, Attorney at Law, Draneas & Huglin, P.C., 4004 Kruse Way Place, Suite 200,
Lake Oswego, OR, (503) 496-5509, stephanie@draneaslaw.com

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No Comments by jeanblackburn on January 31, 2012
filed in Baby Boomer Age Wave, Education for Senior Providers, Elder Law, Family Caregivers, Financial Issues, Risks, Resources, Legislative and Political Issues, Senior Resource Alliance NW

Who Gets the Tax Deduction When Decedent’s Personal Property is Donated to a Charity?

Post by Stephanie Carter,  Attorney at Law, with Draneas & Huglin, P.C.

Member, Senior Resource Alliance Northwest

When I assist a personal representative in the probate of an estate, the question almost always arises:  Who gets the tax deduction when the decedent’s personal property is donated to a charity?

Most clients assume that the estate gets the tax deduction.  That is incorrect!  Instead, the receipt for the deduction should be passed on to the beneficiary.  So, look at the decedent’s will or trust to see who was gifted the decedent’s personal property.  If the decedent died with no estate planning in place, then you would look at the intestacy statute to see who inherits the estate.

It is also important to remember that a trustee or personal representative (“fiduciary”) should not dispose of personal property to anyone other than the designated beneficiary without authorization.  Sometimes this authorization is provided in the will or trust.
For example, the estate planning document may give the fiduciary discretion to sell personal property and give the beneficiary the proceeds from sale.  In other cases, the beneficiaries may jointly agree that certain items may be donated (e.g., those items that do not sell at an estate sale).

Stephanie Carter, Attorney at Law, Draneas & Huglin, P.C., 4004 Kruse Way Place, Suite 200,
Lake Oswego, OR, (503) 496-5509, stephanie@draneaslaw.com

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No Comments by jeanblackburn on January 30, 2012
filed in Education for Senior Providers, Elder Law, End-of-Life Care, Family Caregivers, Financial Issues, Risks, Resources, Legislative and Political Issues, Senior Resource Alliance NW

Lack of Estate Planning Sets the Stage for Conflict

Post by Stephanie Carter, Attorney at Law, with Draneas & Huglin, P.C.

Member, Senior Resource Alliance Northwest

A surprising number of famous people have died without any form of will or trust to direct distribution of their estate.  This has often led to conflicts over the right to control the estate assets, including intellectual property, public image, and other money-producing assets.

For example, Martin Luther King Jr. didn’t have a will when he was unfortunately assassinated.  His estate, which is run now through a corporation established by his children, often struggles to determine what King’s wishes would be.  Decades after the civil rights leader’s death, his children are still trying to sort out matters related to his estate.

Reggae singer Bob Marley left no will when he died in 1981.  Over the past 30 years, the estate has been involved in multiple lawsuits.  Handling Marley’s estate was complicated by the fact that, although Marley died in Florida, he maintained his Jamaican citizenship.  Since Jamaica’s laws of intestacy were not as generous as Florida’s, his advisors decided to prepare an estate plan AFTER HIS DEATH that Marley’s widow then signed.

The Jamaican court sorted out the issue of the falsified will and removed Marley’s widow as administrator of the estate.  The court then had to resolve the issue of who had the right to use the singer’s name, likeness and image in commerce.  About 10 years after Marley’s death, the Jamaican Supreme Court decided that Marley’s heirs possessed this exclusive right.  The heirs include the widow and Marley’s children.  Unfortunately, the list of heirs does not incude siblings.  The estate is now suing Marley’s half-brother for using his image to promote a Miami music festival and restaurant, as he has done for many years.

Swedish author Steig Larsson, known for his Millennium series that includes The Girl with the Dragon Tattoo, also died without a will.  His estate passed to his heirs (brother and father with whom Larsson was not close) rather than his long-time partner, Eva Gabrielsson.  Gabrielsson has refused to release to the estate the partial fourth volume in the book series, has fought for her share of the apartment they shared, and control over Larsson’s literary estate, which she feels better prepared to administer than Larsson’s family  The dispute is still pending.

Although your estate may not be large, and you may not be famous, proper estate planning can help pass your estate to the next generation without the conflicts that occur when money and sentiment are involved.

Stephanie Carter, Attorney at Law, Draneas & Huglin, P.C., 4004 Kruse Way Place, Suite 200,
Lake Oswego, OR, (503) 496-5509, stephanie@draneaslaw.com

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No Comments by jeanblackburn on January 30, 2012
filed in Communication and Relationships, Education for Senior Providers, Elder Law, End-of-Life Care, Family Caregivers, Financial Issues, Risks, Resources, Legislative and Political Issues, Senior Care Reference Materials, Senior Resource Alliance NW, Uncategorized
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