Military Veteran Attorney Blog

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.

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.

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.

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

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.

Continue reading "Considering A Florida Power of Attorney?" »

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.

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.

Continue reading "Little Known VA Benefits" »

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.

Continue reading "Appealing a VA Claim" »

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

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.

Continue reading "Asbestos and Veterans" »

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.

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!