Mandatory IRA Withdrawal Deadlines Are Coming Up Quickly

With all of the hustle and bustle of the holidays, it is easy to put off or even forget a few things until after the beginning of the year. Not withdrawing funds from your IRA, if you have required minimum distributions, could be costly. For those over the age of 70½ who have not yet taken the annual required minimum distribution from their IRAs for 2015, you must do so before December 31st. If you miss this deadline, you face a tax penalty that amounts to 50 percent of what you should have been withdrawn.
An article in the December 8, 2015 issue of the Pittsburgh Post gazette stated that Fidelity Investments, based in Boston, reported that as of Nov. 27, the majority — nearly 60 percent — of the company’s more than 800,000 IRA customers who are supposed to take required minimum distributions for the tax year 2014 had yet to take the full amount from their Fidelity IRAs.
Make sure that you put this item on your to do list and have a happy holiday.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Gift Ideas for Loved Ones in Nursing Homes

While this is a repeat of a blog from several years ago, it may be a help to some of you as we enter this holiday season. The best gift that you can give to a nursing home resident is a visit. If you cannot visit or want to do something extra for the holidays or their birthday, the following is an adaptation of a list published by the California Advocates for Nursing Home Reform in the winter of 2011.

  • A new pair of slippers or a robe in a favorite color.
  • A gift certificate for a haircut, massage, or manicure.
  • Recent pictures of family and friends in an album, frames, or a bulletin board.
  • Video record a family event that the resident was unable to attend and enjoy watching it with them.
  • A subscription to a favorite magazine or newspaper.
  • Crossword or word search books. (Perhaps in large print.)
  • A personal television for the resident’s room or wireless headphones for their television.
  • A wireless reading device.
  • Quilt or lap blanket.
  • Regular deliveries of flowers.
  • Plant.
  • Tote bag for walker or wheelchair.
  • Luxury toiletries.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

SCAM ALERT: Veteran Phone Scam

Do not take free phones from strangers. There is a new scam that is targeting veterans and even setting up booths near VA facilities. The helpful salesperson tells the veteran about a government program that provides free phones and cell service for veterans. However, this free phone could be very costly.

 
After signing up for the service the veteran will receive, perhaps months later, a notice that requires a lot of personal information and documents to prove that they meet the income requirements, although income requirements were not mentioned by the helpful sales person who signed the veteran up for the phone service. If their income is too high, the veteran has to pay for the service.

 
There is a government program, called Lifeline, that provides free or low cost phone service, but this program is income dependent and has nothing to do with being a veteran.
* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Medicare Open Enrollment Scams

As if it was not hard enough to figure out Medicare open enrollment, now you need to watch out for scammers that want to prey upon your confusion. According to the Federal Trade Commission website there are at least four new scams:

 
1. Someone calls and says you must join their prescription plan or you’ll lose your Medicare coverage. This is not true. The Medicare prescription drug plan is voluntary and does not affect your Medicare coverage.

2. Someone calls or emails claiming they need your Medicare number to update your account, get you a new card, or send you Medicare benefit information. Do not give them any information. If you are concerned contact Medicare directly on your own.

3. Someone claiming to be a Medicare plan representative says they need “to confirm” your billing information by phone or online. Do not give them any information. Plan representatives are not allowed to ask you for payment over the phone or online.

4. You receive an offer for free medical exams or supplies. This is most likely a trick to get your personal information.
Protect your identity and personal information. Do not give any information to an unsolicited caller or email request.

 
* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Medicare Open Enrollment

Medicare’s open enrollment period is October 15 – December 7. Your existing Medicare health and drug plans can make changes each year to things like cost, coverage, and what providers and pharmacies are in their networks. The open enrollment period is when all people with Medicare can change their Medicare health plans and prescription drug coverage for the following year to better meet their needs.

 
If you have a Medicare health or prescription drug plan, you should review the materials that your plans sends you each year at this time, like the “Evidence of Coverage” (EOC) and “Annual Notice of Change” (ANOC). If your plans are changing, you should make sure that your plan will still meet your needs for the following year. For example, verify that your physicians and pharmacy are still covered by your plan. If you are satisfied that your current plan will meet your needs for next year and it’s still being offered, you don’t need to do anything.

 
* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

SCAM ALERT: Jury Duty

The Federal Trade Commission has hundreds of calls about a new scam in which people received calls from fake ‘court officials’ about jury duty. In the calls, scammers claimed to be court officers, accused people of skipping jury duty and said they had to pay a fine immediately or face arrest.
The scammers take several approaches at trying to separate you from your money. People reported that some scammers acted like ‘nice guys.’ They offered to ‘review the file’ or said ‘you have a clean record’ and could just ‘make things right’ by paying the fine with a reloadable card. Others took the ‘mean guy’ role. They berated people for ignoring their mail, claimed to be holding an arrest warrant, and told listeners ‘don’t you dare hang up until you buy that reloadable card and read me the code.’ A few extra-greedy scammers told people the first reloadable card ‘didn’t go through’ and demanded a second payment.
The National Center for State Courts says court officers will never call or email you and require payment for failing to appear for jury duty. If you get a summons for jury duty and don’t go, you might get a letter telling you to come to court on certain date to explain why you missed jury duty. If someone asks you to pay a fine for missing jury duty, hang up and call your local court or law enforcement department.

To learn more about this and other scams, go to the web site for the Federal Trade Commission.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

FINRA Approves Rule to Help Prevent Elder Abuse

The Financial Industry Regulatory Authority (FINRA) announced that its Board of Governors approved a rulemaking item to help firms better protect seniors and other vulnerable adults from financial exploitation. The proposal would allow a firm to place a temporary hold on a disbursement of funds or securities and notify a customer’s trusted contact when the firm has a reasonable belief that financial exploitation is occurring.
The proposal would amend FINRA’s customer account information rule to require firms to make reasonable efforts to obtain the name and contact information for a trusted contact person upon opening a customer’s account.
In addition, the proposal would create a new FINRA rule permitting firms to place temporary holds on disbursements of funds or securities, from the accounts of investors aged 65 or older where there is a reasonable belief of financial exploitation. The proposal would also apply to investors 18 and older if they have mental or physical impairments that render them unable to protect their own interests and there is a reasonable belief of financial exploitation.
This new FINRA rule would not create a duty to place temporary holds on disbursements. Rather, it would provide firms with a safe harbor when they exercise discretion in placing temporary holds on disbursements.
FINRA plans to issue a Regulatory Notice soliciting comment on this proposal within the next several weeks.
On April 20, 2015, FINRA launched a toll-free senior hotline – 1-844-57-HELPS – to provide older investors with a supportive place to get assistance from knowledgeable FINRA staff related to concerns they have with their brokerage accounts and investments. To date, FINRA has received over 1500 calls on issues including how to find information on their brokers, calls from children of deceased parents trying to locate assets or having difficulty moving assets from a brokerage firm, concerns from seniors ranging from routine poor service complaints to routine sales practice issues at firms, and fraud raised by a senior and/or child on behalf of senior investors.
For more information go to FINRA.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

National Drug Take Back Day

Saturday, September 26, 2015 is National drug take back day. The California Medical Association (CMA) is encouraging the public to turn in unused or expired medication for safe disposal. On this day, hundreds of locations throughout California will be accepting and properly disposing of unused prescription drugs, including controlled substances. Proper disposal of unused prescription drugs helps prevent abuse and keeps pharmaceuticals out of landfills and waterways.
This one-day event will provide patients with free, anonymous collection of unwanted and expired medicines. During previous Take Back events over the past five years, 4,823,251 pounds, or 2,411 tons, of drugs were collected nationwide.
In addition to providing a safe, convenient and responsible means of disposal, the event also aims to educate the general public about the potential for abuse of these medications.

 
According to the CMA:

-Most abused prescription drugs come from family or friends. You can help by properly disposing of your unused medications!

-Unused or expired prescription medications are a public safety issue, leading to accidental poisoning, overdose, and abuse.

-Pharmaceutical drugs can be just as dangerous as street drugs when taken
without a prescription or a doctor’s supervision.

-The majority of teenagers abusing prescription drugs get them from family and friends – and the home medicine cabinet.

-Unused prescription drugs thrown in the trash can be retrieved and abused or
illegally sold. Unused drugs that are flushed contaminate the water supply.

-Proper disposal of unused drugs saves lives and protects the environment. Take back programs are the best way to dispose of unused and expired medications.

-Hundreds of collection sites in California will be able to accept all medications, including controlled substances, on September 26, 2015. For a collection site near you visit the Drug Enforcement Agency website or call (800) 882-9539.

-Other facilities collect some medications (non-controlled substances) throughout the year. For a collection site near you visit Cal Recycle.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

Lottery Scams: You (haven’t really) won!

At least once a week and sometimes as frequently as once a day, I get calls from clients and potential clients about lottery winnings. Often, by the time they seek legal advice, their money is gone. The Federal Trade Commission has been actively working to stop the lottery fraud and scams, but new ones emerge much more quickly than old ones are shut down. However, the ftc.gov website is a good resource for checking out the latest information on known scams and for reporting new ones. I have included an article from their website below.
You (haven’t really) won!
by Lois Greisman
Associate Director, Division of Marketing Practices, FTC
For years, we’ve been hearing about lottery scams: the imposter who convinces you that you’ve won the lottery (you didn’t) – and all you have to do is pay some fees to collect your millions (you won’t). And for years, we’ve been hearing about lottery scams that originate in Jamaica, where telemarketing lottery scams became a cottage industry in some parts of the island.
Here at the FTC, we’ve helped criminal law enforcers investigate these types of cases. I’m happy to report that our sister agency, the Department of Justice, recently extradited a Jamaican man on charges that he was part of an international lottery scheme targeting older adults in the U.S. He’s the first person to be extradited in this kind of case.
Here’s the story:
According to the indictment, a 28-year-old Jamaican man, Damion Bryan Barrett, called people in the U.S., spoofing phone numbers to make it look like the calls came from the U.S., and often claiming they were calling from the IRS or Federal Reserve, or a well-known sweepstakes company. Barrett, the indictment says, told people they had won cash and prizes – which they could collect if they sent up to thousands of dollars in “fees.” Then, Barrett and his colleagues allegedly told people to send money to middle-men in southern Florida, who sent the money on to Jamaica. But, says the indictment, not a single person actually got any money from their – ahem – winnings.
If he’s convicted, Barrett faces prison time, a fine, and mandatory restitution to the victims of his scam. But whatever happens in court, this extradition shows how serious the Department of Justice and its law enforcement partners are about cracking down on people who try to defraud American consumers. That’s good news for all of us.
Meanwhile, if you get a call or email that you’ve won something, follow this advice: never send money. And report the call or email so we can help in the fight against these scammers.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

What Can My Special Needs Trust Pay for Without Affecting My Disability Benefits?

Funds held in a properly drafted special needs trust will not affect a Supplemental Security Income (SSI) or Medi-Cal recipient’s benefits. But problems can develop when funds come out of a special needs trust. This leads to one of the most commonly asked questions about special needs trusts – what can the trust pay for?
This question is best answered by stating what a special needs trust for an SSI beneficiary should typically never do without first consulting a special needs planner: the trust should never give the beneficiary cash or a cash equivalent or pay for food or shelter.
The simplest part of this rule is the part dealing with cash. If an SSI beneficiary receives cash (or a cash equivalent like a gift card) from a trust (or anyone else for that matter), her benefit will be reduced by one dollar for each dollar received, up until the point that she loses SSI completely. This is a hard-and-fast rule and should be disregarded only after a serious conversation with an attorney.
The rules about food and shelter are a little more complicated. If a trust pays for a beneficiary’s food or shelter directly to a landlord, restaurant or store, the beneficiary could lose up to one-third of her SSI benefit. In addition, payment of bills for housing-related expenses like mortgage payments, real estate taxes, utilities and condo fees are considered payments for housing that cause a similar reduction in benefits. While a one-third reduction in benefits might be a small price to pay for guaranteed shelter and meals, if the beneficiary works or receives other income, the additional one-third reduction could cause the beneficiary to actually lose SSI, and accompanying Medicaid benefits, entirely.
Once you have taken cash, housing and food off the table, a special needs trust can typically pay for most other things a beneficiary might need to supplement her lifestyle. But because these rules are very complicated, it is best to always sit down with your attorney to discuss what you intend to do with your trust before making any payments to anyone.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.