While Social Security isn’t paying out benefits to those 6.5 million, only about 13 are actually receiving benefits, their Social Security numbers are still active and can be used. That can be a problem. A real, live person with an active Social Security number is in danger of identity theft, and report and clear it up when it occurs. A dead person is much less likely to have someone looking out for them when it comes to identity theft.

Social Security numbers are used for multiple financial purposes — everything from verifying employment eligibility to opening bank accounts and maintaining credit scores. That’s on top of their purpose of tracking Social Security eligibility and benefit levels.

Living people whose IDs are stolen can eventually get the problem fixed and also help authorities when their IDs are being misused. As the old adage says, “dead men tell no tales.” With still-active, real Social Security numbers of people who have passed away, it’s a lot easier for scammers to fly under the radar.

But there are things you can do to prevent such abuse. If you’re the executor or next of kin of a person who passed away, be sure that person’s death has been reported to Social Security. You can call Social Security at 1-800-772-1213 between 7 a.m. and 7 p.m., Mondays through Fridays, to report a death. You can also visit your local Social Security office (locations available here) to report a death in person. Funeral homes are willing to report the death on your behalf, but you would have to provide the funeral home the deceased’s Social Security number.

In addition to taking care of reporting those that have died, take care to protect your own Social Security number. Know the times you actually need to divulge your Social Security number and the times you don’t, and don’t give out your number unless you’re obligated to.

Your employer needs to collect your Social Security number to get your income and tax reporting correct, as do financial institutions like your mortgage bank and brokerage. While you do have to give your Social Security number to those institutions, you should be smart about how you give it out. Additionally, you do have to put your Social Security number on your tax return.

While you do have to divulge your Social Security number to those institutions, be careful in how you share it. For instance, don’t give your Social Security number out if someone claiming to be from some institution calls you and asks you for it. It may be a scam looking to steal your identity.

Despite these issues, the Social Security program is an important one that, among other things, provides a minimum income for retirees. Do what you can to keep your and your loved ones’ information out of the hands of those who’d misuse it. This way it will ensure you get what you’ve earned from Social Security.

Generally, pet estate plans consist of more than who will care for the pet when you are no longer able. Expenses such as food, doggie day care, veterinarian bills / medication and needed home repairs, because of the pet, should also be considered. Those expenses can result in substantial costs over time.

Also, one-in-five of all respondents in the survey said they have financially planned for their pets’ future care:

38% said they added the pet’s future caregiver as a beneficiary to a life insurance policy.

35% added more coverage to their life policies.

-13% recently purchased annuities naming the pet’s caregiver as the beneficiary.

Many pet owners consider their pets as members of their family and many go to great lengths to make their pets’ lives enjoyable as possible. So, not surprisingly, many respondents stated that they would forgo other debt payments to ensure their dogs were taken care of properly.

Yet, most pet owners overlook end-of-life planning. Setting up a trust for a pet or a donation money to a local humane society or pet shelter are just a few of the options available.

A question many people consider before adding a new animal to the family is, “Can we afford it?” The price of an animal from a breeder can be high, into the hundreds and even thousands of dollars. A more affordable option is often available at a local humane society or rescue shelter. Here in New York, you can get an animal that has been thoroughly evaluated, spayed or neutered, and vaccinated – all for about $140. Annual costs of food, veterinarian bills, etc. are equally important to consider before making a pet a part of your family. Sadly, pets are often returned to animal shelters because the pet owners were unable to afford things like veterinarian bills.

Finally, inquire about pet insurance the next time you visit your veterinarian. Many clinics offer reasonable plans and staff members will be able to speak with you about the appropriate option based on the type of pet, breed, age and other criteria. Typically, policies cost as little as $15 a month, which is a huge difference compared to a $1,000 emergency bill. The average policy cost closer to $45 per month.

Simple steps, like the aforementioned examples, will ensure your pets are cared for properly and affordably. If you need help or guidance in developing a care plan for your pets after you pass on, please contact us here at the Law Offices of Jeffrey Weinstein 212-693-3737.

Generally, pet estate plans consist of more than who will care for the pet when you are no longer able. Expenses such as food, doggie day care, veterinarian bills / medication and needed home repairs, because of the pet, should also be considered. Those expenses can result in substantial costs over time.

Also, one-in-five of all respondents in the survey said they have financially planned for their pets’ future care:

38% said they added the pet’s future caregiver as a beneficiary to a life insurance policy.

35% added more coverage to their life policies.

-13% recently purchased annuities naming the pet’s caregiver as the beneficiary.

Many pet owners consider their pets as members of their family and many go to great lengths to make their pets’ lives enjoyable as possible. So, not surprisingly, many respondents stated that they would forgo other debt payments to ensure their dogs were taken care of properly.

Yet, most pet owners overlook end-of-life planning. Setting up a trust for a pet or a donation money to a local humane society or pet shelter are just a few of the options available.

A question many people consider before adding a new animal to the family is, “Can we afford it?” The price of an animal from a breeder can be high, into the hundreds and even thousands of dollars. A more affordable option is often available at a local humane society or rescue shelter. Here in New York, you can get an animal that has been thoroughly evaluated, spayed or neutered, and vaccinated – all for about $140. Annual costs of food, veterinarian bills, etc. are equally important to consider before making a pet a part of your family. Sadly, pets are often returned to animal shelters because the pet owners were unable to afford things like veterinarian bills.

Finally, inquire about pet insurance the next time you visit your veterinarian. Many clinics offer reasonable plans and staff members will be able to speak with you about the appropriate option based on the type of pet, breed, age and other criteria. Typically, policies cost as little as $15 a month, which is a huge difference compared to a $1,000 emergency bill. The average policy cost closer to $45 per month.

Simple steps, like the aforementioned examples, will ensure your pets are cared for properly and affordably. If you need help or guidance in developing a care plan for your pets after you pass on, please contact us here at the Law Offices of Jeffrey Weinstein 212-693-3737.

Back in 2012, when Pelle Walls and his siblings were told by their father that their mother committed suicide they were obviously devastated. But, the father’s behavior in the weeks following the suicide had Pelle thinking it was not, suicide, but murder, and his father was responsible for the death of his mother.

John Brickman Walls ex-wife was a well-known German scientist, Uta von Schwedler who was found dead in her bathtub and Salt Lake City, Utah, authorities rule it a suicide. But Pelle had other ideas.

Pelle started noticing his father acting strange, saying things like ‘What if I did it and don’t remember?’, and asking for both his mother and his lawyer.

Even though the verdict was suicide. Pelle decided to seek justice for his mother. A year after her death he moved out of his father’s home and in with a friend, and soon after managed to get all of his younger siblings taken away from his father and put in the care of family and friends.

When he turned 21, Pelle decided to use the inheritance from his mother to sue his father in a wrongful death suit, which meant his father could be questioned under oath in a court. Taking the stand, his father’s story of Uta’s death soon showed cracks as he repeatedly changed his story.

Pelle was also able to tell the court of his father’s strange behavior after breaking the news to his children of their mother’s death. Various press reports say Pelle recalled, ‘He was kind of babbling and rambling. But he was saying things along the lines of, “Am I a monster?” and “What if I did it and I can’t remember?” I think he also said, “I want my mom or I want my mommy.”

Pelle hired an expert forensic scientist who testified that his mother’s body showed signs of a struggle before her death. The court found the father guilty of murder an he was sentenced from 15 years to life

The court case cost Pelle his entire inheritance.

The following is a list of must have documents to have in your estate plan in addition to your will. The names of the documents vary from state-to-state, but the following are essential ones to ask an estate planning attorney like Jeffrey Weinstein to draft for you.

HIPAA Release. HIPAA is the federal Health Insurance Portability and Accountability Act, which prohibits your doctors from discussing your medical condition and treatment with anyone, except those you name on your HIPAA form. Only these individuals will have full access to your healthcare team.

Advanced Health Care Directive or Medical Power of Attorney. With this document, you can designate an individual (known as a “health care agent”) who you want to make decisions about your health care, should you you become too ill or injured to make them for yourself.

Living Will. This details the kinds of medical care and treatment you want and don’t want to receive if you’re close to death and there is no prospect of a recovery. Your health care agent will have the power to make sure your wishes are followed.

Durable Power of Attorney. In the event you become incapacitated, your debts need to get paid, like the mortgage or rent. A Durable Power of Attorney names a person during your incapacity to manage your finances. He or she can write checks and speak with your financial companies.

But note, a Durable Power of Attorney is different from a plain Power of Attorney. (POA) The POA is no longer legally valid when you become incapacitated. When that happens, you need a Durable Power of Attorney. Ask your bank(s) and real estate title companies about their requirements for this, because some are rigid. They might want you to use theirs.

Revocable Living Trust. Some people with larger estates elect to avoid problems with POAs and create revocable living trusts. These act like a super power of attorney. Banks must comply with their terms. With a revocable living trust, you transfer title of your assets to the trust and name yourself as trustee, so you can continue to manage and benefit from those assets as you did before they were in the trust. If you can’t act as the trustee because you become incapacitated, your designated successor trustee will manage the trust.

You may need all or some of these in your estate plan. For best results contact Jeffrey Weinstein at 212-693-3737who will be able to create an estate plan best suited to your needs.

What you could do is set up what they call a pot trust. A pot trust is basically a pot of money from which each of the beneficiaries can request funds. It’s a simple, but you need to be careful if you intend for all of the beneficiaries to be treated the same.

Every beneficiary can dip into the pot of money that’s in that trust and some may get more than another. That’s all well and good if that’s what you intended, but unequal distribution can lead to ugly fights.

As an example, one beneficiary may go to Hunter College and the other might go to NYU. The one going to NYU might use up most of the trust before Hunter even starts college.

That’s where educational devices like a 529 plan come in.” A 529 plan is a tax-advantaged savings plan designed to encourage saving for future education costs. 529 plans, legally known as “qualified tuition plans,” are sponsored by states, state agencies, or educational institutions and are authorized by Section 529 of the Internal Revenue Code.”

Since a 529 is designed with education in mind, it is designed to be flexible and to address the changing educational environment. If you need help deciding, please contact us at (212) 693-3737.

The shooters often acted during bouts of confusion, paranoia, delusion or aggression, common symptoms of dementia. The victims were spouses, children and caregivers. The takeaway was that healthcare providers they talked to said they received little or no guidance on how to talk to families about gun safety.

Most patients refuse to answer if they have guns at home and doctors rarely ask if the patient has guns at home. Healthcare professional are trying to figure out how to ask patients if they have guns at home.

Dr. Altaf Saadi, a neurologist at UCLA who has been practicing medicine for five years, said the investigation revealed a “blind spot” in her clinical practice. After reading it, she looked up the American Academy of Neurology’s advice on treating dementia patients. Its guidelines suggest doctors consider asking about “access to firearms or other weapons” during a safety screen, but they don’t say what to do if a patient says they do.

Research bears this out. A 2014 study found, 58 percent of internists surveyed reported never asking whether patients have guns at home.

Dr. Colleen Christmas, a geriatric primary care doctor at Johns Hopkins School of Medicine and member of the American Neurological Association told Kaiser, “One of the biggest mistakes that doctors make is not thinking about gun access. Firearms are the most common method of suicide among seniors, she noted. Christmas said she asks every incoming patient about access to firearms, in the same nonjudgmental tone that she asks about seat belts, and “I find the conversation goes quite smoothly.”

Momentum has been building among health professionals to take a greater role in preventing gun violence. In the wake of the Las Vegas shooting that left 58 concertgoers dead last October, over 1,300 health care providers publicly pledged to ask patients about gun ownership and gun safety when risk factors are present.

Volunteers with Alzheimer’s San Diego, a nonprofit group, became alarmed when they visited people with dementia and found 25 to 30 percent of those homes had guns, said Jessica Empeño, the group’s vice president.

“We made a decision as an organization not to send volunteers into the homes with weapons,” she said.

But, for health professionals, navigating this politically fraught issue can be difficult. Here are the leading issues according to Kaiser:

Is it legal to talk to patients about guns?

Yes. No state or federal law bars health professionals from raising the issue.

Why don’t doctors do it?

The top three reasons are lack of time, being unsure what to tell patients and believing patients won’t heed their advice about gun ownership or gun safety, one survey of family physicians found.

“There’s no medical or health professional school in the country that does an adequate job at training about firearms,” Wintemute argued. He said he is now working with the American Medical Association to design a continuing medical education course on the topic.

Polling conducted by the Kaiser Family Foundation for the story suggested that few Americans are concerned about the potential dangers of elders and firearms. Nearly half of people queried in a nationally representative poll in June said they had relatives over 65 who have guns. Of those, more than 80 percent said they were “not at all worried” about a gun-related accident.”

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Now that valuation doesn’t include attorney’s fees, court costs and other costs associated with settling the estate. But what is known is that it will be worth a fraction of the 80 million.

So, you don’t have 80 million, but what you have worked for you want to pass along to your heirs without the government taking a huge cut, right? That’s where estate planning comes in.

What if you have debt? Creditors can go after that debt and the heirs who you bequeathed your money if the debt hasn’t been dealt with.

How to avoid such hassles? Here’s a list of what you should include in your estate plan to lessen the possible hassles.

• Assign healthcare power of attorney
• Create a will
• Review your beneficiaries for life insurance, investments etc.
• Set up a trust(s)

Reviewing your beneficiaries is important especially if you assigned them years before. As an example, if you remarried you still might have your ex-spouse as a beneficiary and now you want your current spouse to be the beneficiary.

What happens if you get hospitalized and can’t make decision about your health and money? A healthcare proxy or healthcare power of attorney can make sure your wishes are carried out.

Suppose you have a sizable estate, maybe not millions but a nice chunk. How do you keep the government frtom getting their hands on it? You can set up a trust. A trust is managed by a trustee for a beneficiary or beneficiaries you choose. You toss the assets right into the trust and it bypasses probate court and the expenses associated with it.

These are just a few ways to shield your estate from the grabbing government hands. The Law Offices of Jeffrey Weinstein can help you manage your estate. Please call us at (212) 693-3737 for a free consultation.

To round out the new leadership team it will be Cesar Gueikian as new chief merchsnt officer, chief financial officer will be Kim Mattoon and its chief production officer will be Christian Schmitz.

Earlier this month a bankruptcy court in Delaware approved Gibson’s reorganization plan to get itself out of bankruptcy and keep itself in business.

On the team’s first day on the job November 1st, the investment firm of Kohlberg Kravis Roberts & Co. (KKR) will assume majority ownership control of Gibson.

Under the reorganization plan, the company will continue to manufacture its namesake Gibson and Epiphone guitars, as well as maintain its professional audio business that makes studio monitors and loudspeakers under the names KRK and Cerwin Vega. It will be dropping its efforts to push into the home entertainment and headphone areas, areas the company hoped would make up for the decline in instrument sales, but which accounted for much of its debt.

In filings earlier this year, Gibson estimated that it was up to $500 million in debt.

Horovitz writes that not only is he happy to be 65, he has come up with a playbook for this phase of his life. He quotes James Firman, CEO of the National Council on Aging, who turned 65 two years ago. “There’s really nothing to prepare us for the transition to this next phase of life.”

So Horovitz wrote one. Here are some of the things he recommends:

Consider enrolling in Medicare Part A, to cover hospitalization expenses. It works for me because my family is still covered under my wife’s health care plan

• Double up on checkups. My annual visit to my primary care doctor evolved into a biannual visit. “Age 65 is a time to proactively visit a geriatric physician instead of just going when you’re in trouble,” said Dr. Ardeshir Hashmi, director of the Center for Geriatric Medicine at Cleveland Clinic. “Don’t wait until things get to a point where you’re in a cycle of being in and out of the hospital all the time.” Starting at age 65, he said, these visits should last longer than the standard 20 minutes — so older patients have time to discuss what’s on their minds. Older patients who do this regularly tend to require “minor tweaks” instead of major repairs, said Hashmi.
• Schedule annual visits to the dermatologist, ophthalmologist — and visits every five years to the gastroenterologist. “Establishing a coordinated care team becomes more important at 65,” said Jean Setzfand, senior vice president of programs at AARP.
• Stick to a vaccine regimen. Vaccines are important again. I’ve since received my first pneumonia vaccine. My doctor also told me to get the new shingles vaccine, Shingrix, because I developed shingles about five years ago.
• Bone up on Social Security. I attended a free county-funded seminar at the local library. Then, to discuss my personal needs, I met (for free) with the same volunteer who led the seminar.
• Serve your community. I bumped-up my volunteer schedule to once a week instead of once a month at a local food pantry. I also volunteer every other week at a local homeless shelter on the 5 p.m.-to-midnight shift. I’ve most recently started to volunteer at an equestrian therapy center for kids with mental or physical handicaps. Each of my volunteer gigs reflect my personal interests.

These are only a few of the things he suggests. It’s worth it to read what he has to say. Who Knew? Life Begins (Again) At 65. On this blog we usually concentrate on getting your legal ducks in a row for your end of life and rarely discuss living your life as you make those preparations. This is a good start, we think.

Rebecca Sudore, a geriatrician at the University of California-San Francisco, created prepareforyourcare.org, which provides step-by-step instructions and video stories to help people navigate the care they want at the end of their lives. She built the site in 2013 for families unsure how to broach sensitive questions. In a study published in JAMA Internal Medicine in May 2017, she and other researchers found that the website, combined with the use of an “advance directive” form, prompted participants to plan ahead.

The website gained the attention of major charities and since that time the organiztion has gained financial support from foundations such as the Gordon and Betty Moore Foundation, California Health Care Foundation, Stupski Foundation, as well as the American Cancer Society, California Health Care Foundation, The Donaghue Foundation, John and Wauna Harman Foundation, National Institute on Aging, Patient-Centered Outcomes Research Institute, Robert Wood Johnson Foundation, S.D. Bechtel, Jr. Foundation, UCSF, and Veterans Health Services Research & Development.

Visit the PREPARE website to have them help you

• Have a voice in YOUR medical care
• Talk with your doctors
• Give your family and friends peace of mind
• Print a summary of your wishes
• You can also fill out an easy-to-read advance directive

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The good news is Sears is honoring those warranties. The company said in a statement, “We are honoring our warranties, protection agreements and guarantees as normal,” the company said in a statement. If you need help with a replacement part for your appliance, check out the Sears PartsDirect Site.

Eric Arnum, editor of Warranty Week, which reports on the warranty industry said,. “Normally consumers haven’t had to worry about their warranties being dissolved in the wake of a company going out of business.

When Circuit City and CompUSA filed for bankruptcy, outside insurance companies stepped in, and all extended warranties were honored. “That’s been the case for decades in the U.S.,” Arnum said. The reason: Many states mandate that a company work with outside insurance companies or demonstrate assets of a certain amount to continue coverage for consumers.”

So, even though you don’t have to worry about your current warranty, you should definitely think twice about extended warranties in the future. Here’s why you should think twice.

Warnings about extended warranties aren’t new. Consumer Reports against them for decades.

Margot Gilman, Consumer Reports money editor says, “Consumer Reports has always advised consumers to be wary of extended warranties. Whenever we’ve analyzed them, and surveyed our members about their experiences with them, we’ve reached the conclusion that the benefits don’t outweigh the costs. There are better, more financially prudent alternatives to extended warranties for people who want to protect themselves against products that may break.”

Consumer Reports found that almost two-thirds of consumers rated aggressive pitches to buy extended warranties a top annoyance.

Yet in 2017, consumers bought $44.6 billion in extended warranties, according to Warranty Week. In 2010, extended warranties totaled $31.3 billion.

Warranty Week editor Eric Arnum says, “People are often helpless in the face of a determined salesperson. There are people who can sell snowshoes in Hawaii, and they are extremely skilled.

The top offenders according to Arnum P.C Richards and Sears.

“Most consumers do not go into the store even thinking about extended warranties until the salesperson says, ‘Hey, thought about protection?’” Arnum says. “All the research they do is on the product, so it’s easy to convince one in three people, on average, to buy them.”

Many consumers see their kids’ cellphones as a peril worth insuring. They might not think they need the break/fix protection, Arnum says, but loss/theft is seen as worthwhile. ‘What if I drop it?’ You see that with laptops [people are attracted to] the accidental damage protection. Even the Consumer Reports people say loss/theft is good.”

Another critic of extended warranties is Ira Rheingold, executive director of the National Association of Consumer Advocates. “When something is a big profit center for a company, it’s probably not in the best interest of the consumer,” says Rheingold.

“I don’t typically think they’re worth it,” Rheingold said. “Whether [something] needs repairs along the way, the standard warranty is usually good enough.”

“Another issue is you can’t always see the cost of a warranty before you buy a product.” On the Sears website, which is still open for business, a customer has to place a specific refrigerator in the shopping cart before seeing the cost options for an extended warranty.

On its website, The Federal Trade Commission, has a section called ‘Who’s responsible for the contract,’ that says “Before you sign a contract for an extended warranty, think about the company’s financial situation and consider whether the business is reputable.”

But even though it’s a pretty straightforward process, you should still prepare for probate to make sure there are no unforeseen snags.

1. Learn about probate. It is a good idea to learn about probate. Learn about the process and what happens during the process.
2. Collect relevant documents. All your assets will need to be appraised. In order to make this process run as smoothly as possible, you should have the necessary documents, such as tax statements, a proof of your assets, etc. that can be presented to the court.
3. Choose a personal representative. Once you’re familiar with what the general probate process entails, you’ll need to choose a personal representative. This person will administer your estate and help you carry out your intentions. You should not only pick someone loyal and trustworthy, but also organized.
4. Hire a lawyer. Hiring an estate planning or probate attorney is not required, but it is in your best interests. A lawyer can help guide you through the process smoothly and efficiently. An attorney will also ensure that you meet your deadlines and avoid irreparable mistakes.

All signs point to bankruptcy next week since out of that on hand money the company has to pay vendors, employees and stock up on inventory for the holidays.

Also, three companies that sell items at Sears told Reuters that Sears had missed payments to them over the past few weeks. One of Sears’ major shareholders recently dumped a large bunch of his stock for pennies on his original investment. The company added a new director last week who is familiar with bankruptcies and restructuring.

Robert Schulz, chief credit analyst for the retail industry for Standard & Poor’s said despite years of losses, store closings and other financial problems, “the possibility of a bankruptcy does seem to be higher than over the past couple of years,” . He said in years past the situation did not have the “sense of urgency” that exists now.

The investor mentioned above, Bruce Berkowitz of Fairholme Capital Management dumped 142,000 shares of Sears last week.

The Wall Street Jouirnal recently reported Sears has also hired M-III Partners, a boutique advisory firm specializing in seeing companies through bankruptcies and restructuring. The company is also talking to lenders about providing it with debtor-in-possession financing, according to CNBC. That kind of loan is used by companies that file for bankruptcy to fund operations during the process.

The group filed the lawsuit in April 2017, alleging that New York City’s property-tax system discriminates against low-income homeowners and landlords. The organization includes the Rent Stabilization Association, prominent landlords and social welfare groups such as the NAACP and the Black Institute.

Justice Gerald Lebovits denied the de Blasio administration’s motion to dismiss, but left the State off the hook, finding the group has standing to bring the suit against the City.

They claimed it violated the equal protection clause, Fair Housing Act, and state property tax laws.

The group is being allowed to move forward with all 16 of their claims against the city, including that its property tax system violates the FHA because it disproportionately affects minority neighborhoods and perpetuates racial discrimination in housing.

In the suit, filed in 2017, Tax Equity NY argues the property tax system tends to undervalue condominiums and cooperatives compared with rental apartments, causing more financial hardship for renters in the form of higher property taxes for landlords that are passed along to the tenants.

In a press release, Martha Stark, director of policy for Tax Equity Now wrote “We filed our suit because the current system unfairly burdens homeowners in lower-income and minority communities, primarily in the outer boroughs.”

There’s nothing wrong with saving some dough by drafting your own estate-planning documents. You can find templates for basic wills and such online or in bookstores. But that should be followed with a review of those documents by an expert to insure everything is in order

Massachusetts estate planner Leanna Hamill, told AARP that, “Ninety percent of the online estate planning documents I see don’t do what the people think they’re going to do. I’ve seen people use online documents, documents out of estate-planning books or documents borrowed from friends. But they screw up their estate plan because they don’t understand the legal and technical aspects of the documents.”

Hamill told AARP that she knows of one client who signed a deed transferring his house to a trust but hadn’t properly created the trust. Thus, the deed had no effect. Another client’s confusion over the term “beneficiary” resulted in the immediate transfer of all his property to his children and required him to pay them an annual income, leaving his wife in the cold.

So even though you can do it yourself, err on the safe side and contact a professional like Jeffrey Weinstein 212-693-3737 for a free consultation.

Most Americans don’t keep track of their online assets like Paypal, Facebook, and merchant loyalty reward programs and chances are will forget to include them in their estate plans. By neglecting these things a it can cause hassles for beneficiaries, powers of attorney and executors.

One group of things that people tend not to think of are reward programs like frequent flyer miles. For example, Anthony Bourdain left his unused frequent flyer miles to his estranged wife and they were substantial. We suggest you write down all your digital assets including logins and passwords and store them when only someone you trust knows where they are.

If you find it all too daunting there are businesses popping up that will do it for you. One business is out of Durham, North Carolina called Back Up Your Life which their site says

We help you organize your life’s documents, details, and contingency plans. If you’re ready to be ready, let’s back up your life.

Then there are digital estate services, such as Everplans, which helps her clients by providing a digital archive of everything your loved ones need if you die or get into an accident and can’t communicate.

Among the things Everplans takes care of:

• Wills, Trusts, and insurance policies
• Important accounts and passwords
• Info about your home: bills, vendors, etc.
• Health and medical information
• Advance Directives and DNRs
• Final wishes and funeral preferences

A health care proxy is a way to eliminate confusion among your loved ones and health care providers about your health care wishes should you no longer b able t make those decsions yourself. Hospitals, doctors, and other medical providers must follow the agent’s decisions as if they were your own.

Here are a some common questions and answers about health care proxies:

Who can be your health care agent?

Anyone 18 years of age or older, including a family member or close friend can be your health care proxy.

A doctor can act either as your proxy or your attending doctor, but not as both simultaneously. A number of special rules apply to patients or residents of a nursing home, hospital, or mental health facility who want to name a staff member as an agent.

What powers do health care proxies have?

Your proxy can decide how your wishes apply as your medical condition changes, but he or she is legally obligated to always act in your best interest.

The person you select as your health care agent will have as little or as much authority as you want. You may allow your agent to make all health care decisions or only certain ones.

A health care proxy is different from a living will because it does not require that you know in advance all the decisions that may arise. Nevertheless, you may give your agent instructions that he or she must follow and specify on the form the treatments you do or do not want.

Also, note that you can continue to make health care decisions for yourself as long as you’re able. You can also cancel the authority given to your agent by informing him or her or your health care provider orally or in writing.

To appoint a health care proxy, you and your agent must sign a New York health care proxy form in the presence of two adult witnesses. This is best done in an attorney’s office like the Law Offices of Jeffrey Weinstein. Mr Weinstein is an estate professional and can guide you through what you need to do to insure your wishes are carried out.

Here are some instances when you would need a proxy:

• You are in a coma from an accident or illness.
• You are terminally ill and not expected to recover.
• You have Alzheimer’s or another form of dementia.
• You are under general anesthesia, when something unexpected occurs.
• You are in a persistent vegetative state.
• You suffered from an illness that left you unable to communicate.

1. Draft a Will

This sounds like a no-brainer, but statistics says over 50% half of Americans don’t have a will. Even if you don’t have a zillion dollar estate a will is absolutely necessary.

If the worst should happen and you don’t have your financial affairs in order, you’ll leave your loved ones a big headache, and possibly a financial burden. No one will be worried about home maintenance, but they will be forced to make crucial decisions about your estate at an emotionally charged time, with no idea if they’re doing what you had in mind.

Most importantly, taking care of this basic in advance will also help ensure that your money stays in the family and not in the hands of the feds or even an ex-poouse Here are five more fairly simple steps you should take now to protect your family and your assets.

2. Ask an Attorney About Trusts

This is where the Law Offices of Jeffrey Weinstein can be helpful. If you establish a living trust, your estate can bypass probate and its hassles, but you probably need one only if your estate is worth more than about $2 million, you own real estate in more than one state or you want to keep the terms of your estate private. In all other cases, you might want to create a trust within your will to manage your assets after your death. This is a good idea if you fall into one or more of these categories: 1) You have minor children and don’t want to leave property directly to them. 2) You have adult children and aren’t confident they can responsibly manage their inheritance. 3) You want to protect your assets from ending up with a creditor or a child’s ex-spouse.

3. Assign Power of Attorney

This authorizes someone to handle your matters if you’re unable to act on your own behalf. There are two types: financial power of attorney, which lets someone take care of things such as writing checks; and medical power of attorney, which allows someone to make decisions about your health care. Without this form, your loved ones might have to go to court to handle simple estate matters if you were incapacitated.

4. Set Up an Advance Directive

See Health Care Proxy

5. Update Your Beneficiaries

Beneficiaries on your 401(k), insurance policies, retirement accounts and investments trump your will. So even though you’ve left everything to your children in your will, if your ex-wife is still listed as your IRA beneficiary, the dough goes to her.

We see a lot of errors in cases like this. Review your designations about every two years and make sure to choose a contingent beneficiary. Otherwise, if your primary beneficiary dies before you do, your funds will go to your estate, which can create tax and legal issues. It’s not unheard of for people to leave seriously outdated beneficiaries, like when you enrolled in your first 401(k) at age 24, you might have named your boyfriend as next in line? You might want to change that.

There are other essential that space prohibits us from listing, but if you contact an attorney like Jeffrey Weinstein, we can lay it all out for you an make sure your assets and family are protected.

Surveys show only 42 percent of U.S. adults currently have estate planning documents such as a will or living trust. For those with kids under 18, it’s even lower, just 36 percent.

People don’t like thinking about death especially their own.That study was conducted in January by Princeton Survey Research Associates International, who asked 1,003 adults whether they currently have estate-planning documents in case of their death, and if not, why not?

Forty-seven percent said, “I just haven’t gotten around to it.” This is not surprising to experts, who say an aversion to end-of-life planning is not only rooted in fear but also procrastination.
Debbi King, author of “The ABC’s of Personal Finance” says, “This is the ‘I’m going to live forever’ theory. No one literally thinks that, but we all want to believe we are going to live until our 80s or 90s so we don’t think we need a will right now. This isn’t true, of course. We all have an expiration date and no one knows exactly when it will be. The best thing you can do for your loved ones is have a will now.”

The Law Offices of Jeffrey Weinstein is here to help you with all your estate planning needs. Call us for a free consultation.