Thứ Tư, 29 tháng 5, 2013

The Five Components of a Good Estate Plan

The Five Components of a Good Estate Plan
Many people believe that if they have a will, their estate planning is complete, but there is much more to a solid estate plan. A good plan should be designed to avoid probate, save on estate taxes, protect assets if you need to move into a nursing home, and appoint someone to act for you if you become disabled.
All estate plans should include, at minimum, two important estate planning instruments: a durable power of attorney and a will. A trust can also be useful to avoid probate and to manage your estate both during your life and after you are gone. In addition, medical directives allow you to appoint someone to make medical decisions on your behalf.
WillA will is a legally-binding statement directing who will receive your property at your death. If you do not have a will, the state will determine how your property is distributed. A will also appoints a legal representative (called an executor or a personal representative) to carry out your wishes. A will is especially important if you have minor children because it allows you to name a guardian for the children. However, a will covers only probate property. Many types of property or forms of ownership pass outside of probate. Jointly-owned property, property in trust, life insurance proceeds and property with a named beneficiary, such as IRAs or 401(k) plans, all pass outside of probate and aren't covered under a will.
TrustA trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), called a "trustee," holds legal title to property for another person, called a "beneficiary." Trusts have one set of beneficiaries during those beneficiaries' lives and another set -- often their children -- who begin to benefit only after the first group has died. There are several different reasons for setting up a trust. The most common reason is to avoid probate. If you establish a revocable living trust that terminates when you die, any property in the trust passes immediately to the beneficiaries. This can save time and money for the beneficiaries.
Certain trusts can also result in tax advantages both for the donor and the beneficiary. These could be "credit shelter" or "life insurance" trusts. Other trusts may be used to protect property from creditors or to help the donor qualify for Medicaid. Unlike wills, trusts are private documents and only those individuals with a direct interest in the trust need know of trust assets and distribution. Provided they are well-drafted, another advantage of trusts is their continuing effectiveness even if the donor dies or becomes incapacitated.

Power of AttorneyA power of attorney allows a person you appoint -- your "attorney-in-fact" -- to act in your place for financial purposes when and if you ever become incapacitated. In that case, the person you choose will be able to step in and take care of your financial affairs. Without a durable power of attorney, no one can represent you unless a court appoints a conservator or guardian. That court process takes time, costs money, and the judge may not choose the person you would prefer. In addition, under a guardianship or conservatorship, your representative may have to seek court permission to take planning steps that she could implement immediately under a simple durable power of attorney.

Medical DirectivesA medical directive may encompass a number of different documents, including a health care proxy, a durable power of attorney for health care, a living will, and medical instructions. The exact document or documents will depend on your state's laws and the choices you make.
Both a health care proxy and a durable power of attorney for health care designate someone you choose to make health care decisions for you if you are unable to do so yourself. A living will instructs your health care provider to withdraw life support if you are terminally ill or in a vegetative state. A broader medical directive may include the terms of a living will, but will also provide instructions if you are in a less serious state of health, but are still unable to direct your health care yourself.

Beneficiary DesignationsAlthough not necessarily a part of your estate plan, at the same time you create an estate plan, you should make sure your retirement plan beneficiary designations are up to date. If you don't name a beneficiary, the distribution of benefits may be controlled by state or federal law or according to your particular retirement plan. Some plans automatically distribute money to a spouse or children. Although others may leave it to the retirement plan holder's estate, this could have negative tax consequences. The only way to control where the money goes is to name a beneficiary. Source: www.ElderLawAnswers.com
Contact The Office of Inna Fershteyn & Associates to make sure your estate plan is complete. 
www.BrooklynTrustandWill.com


Employees Forced To Be Strippers In Parks Department Claim Sexual Harassment

Female Parks Department workers stripped for permanent jobs, more work at raunchy holiday parties: sources

'It was out of control,' said a female worker who attended several of the parties. News of the shocking get-togethers, which date to at least 2009, follows bombshell sexual harassment complaints.

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At left, a Parks Department worker dances on a stripper's pole at a city-owned Randalls Island facility. At right, another photo from one of the parties. More recent ones featured groping, sources said. Someone allegedly demanded that workers get on the strip pole if they wanted jobs. 

A stripper pole, free-flowing booze and female city employees performing sexy tricks are just a few staples at raunchy holiday parties hosted by Parks Department supervisors.
Seasonal employees — some disrobing down to their bras and panties — tantalized as many as 10 men at a time during Christmas and New Year’s Eve celebrations going back to at least 2009, a Daily News investigation found.
The clandestine parties were held in a so-called “boom boom” room at a city-owned facility on Randalls Island. And the seasonal workers who “got on the pole” were rewarded with additional work or permanent jobs, sources told The News.
A female worker who attended several of the parties said they got steamier each year.
<p>   A worker who skipped one of the parties was asked to come by a female colleague. </p>
 A worker who skipped one of the parties was asked to come by a female colleague. 
“The men started demanding a lot more. They were like, ‘You want us to give you money, show us something,’ ” she recalled. “And for the New Year’s party, it got really grabby. Some women stripped to their panties and bras, and men were slapping asses. It was out of control.”
She asked not to be identified because she feared retaliation.
The city Department of Investigation launched a probe into the holiday party shenanigans. It is also investigating bombshell sexual harassment complaints, including a woman’s allegation that a supervisor accosted her when they were alone in an elevator. He lifted her shirt and ran his tongue across her stomach before shoving his face in her crotch, according to the complaint.
<p>  Dilcy Benn, president of District Council 37 Local 1505, the union that represents the workers who filed complaints, said the department immediately moved them. “I will do anything to protect my members and fight for them," she said. </p>

ANDREW SAVULICH/NEW YORK DAILY NEWS

Dilcy Benn, president of District Council 37 Local 1505, the union that represents the workers who filed complaints, said the department immediately moved them. “I will do anything to protect my members and fight for them," she said. 

Another complained about sexually suggestive texts and inappropriate contact from supervisors, including one who would snap her bra straps.
Parks and Recreation Department spokesman Arthur Pincus told The News that the two female workers were transferred at their request.
“On Wednesday, May 22, the Parks Department was made aware of sexual harassment allegations made by one full-time and one seasonal female parks worker against two male supervisors in the Five-Borough Technical Services division. Parks immediately referred the matter to the Department of Investigation,” he said.
The two male supervisors named by the female workers are James Cafaro, a deputy chief of operations, and his supervisor, Angelo Figueroa, sources said. The men didn’t respond to calls for comment. Both have been transferred pending the outcome of the investigation. Sources said each has called out of work for the rest of the week.
<p>  High-ranking Parks Department official <span style=Joe Marino/New York Daily News
High-ranking Parks Department official James Cafaro, who is married with children, shoved a $20 bill in the pants of one worker at one of the sleazy parties, sources said.  
For years, as the official holiday party took place on the second floor of the low-level Parks Department building, Cafaro, Figueroa, another male supervisor and several other male workers would set up the X-rated recreation a flight below, sources said.
The crew fashioned a temporary stripper’s pole out of a huge wire spool and pieces of wood left in the telecommunications room. A short ladder was set up to allow access to the pole platform, and once the booze started flowing, women were encouraged to climb up.
According to one female worker, a man at last year’s Christmas party yelled: “If you want a job, get on the pole.”
<p>  Many of the female workers in the Parks Department are low-income single mothers desperate for the work. </p>

 

 

Many of the female workers in the Parks Department are low-income single mothers desperate for the work. 
Cafaro, 53, married with children, started in the Parks Department in 1986 and makes $103,864 a year. He moved steadily up the ladder — but was demoted in 1997 for an impropriety involving an agency employee and a Parks vehicle. Details weren’t immediately available. In 2005 he reached his current mid-level management position.
He oversees about 80 workers, about 30 of them who toil at city parks. Of those assigned to work at parks, most are women who clean pools, rake leaves or prepare properties for a given season, officials said.
“I will do anything to protect my members, and fight for them. When these women came forward we got them out,” said Dilcy Benn, president of District Council 37 Local 1505, the union that represents the workers who filed complaints. “I brought this to (Assistant Commissioner) David Stark and to his credit within two minutes he made a phone call and moved them.”
Cafaro laughed and enjoyed himself during at least three strip parties in recent years, as two or three female staffers took turns performing on the pole to the hoots and hollers of other male supervisors and Parks Department workers. He even shoved a $20 bill in the pants of one worker, sources said.
<p>  Parks supervisor Angelo Figueroa is one of the men named in sexual harassment complaints. One female worker alleged that a supervisor would pull her bra strap, and another said a supervisor who accosted her in an elevator lifted her shirt and ran his tongue across her stomach before shoving his face in her crotch.</p>

HANDOUT

Parks supervisor Angelo Figueroa is one of the men named in sexual harassment complaints. One female worker alleged that a supervisor would pull her bra strap, and another said a supervisor who accosted her in an elevator lifted her shirt and ran his tongue across her stomach before shoving his face in her crotch.
One woman made “a couple hundred bucks” during one party and shared it with her female colleagues, the sources said.
For the parties last December and New Year’s Eve, the men turned off the overhead lights, set up up a disco strobe and came prepared with plenty of dollar bills, the sources said.
There was never a direct order from Cafaro or Figueroa for the women to participate, said Benn. But the seasonal workers get asked back for jobs or offered permanent positions based on the recommendations of Cafaro and Figueroa, she said.
Many of the women are low-income single mothers, some of whom came into the job through the welfare system and are desperate to keep the seasonal positions that can run anywhere from four to six months at a time.
The most junior positions start at $9, and city seasonal workers, who Benn represents, get $14 an hour. Cafaro tacitly encouraged women to go along with the suggestive atmosphere by rewarding those who stripped down to their skivvies and danced on the pole with more work, Benn said.
<p>  The parties were said to be held in a Norman Y. Lono for New York Daily News
The parties were said to be held in a "boom boom" room at a city-owned facility on Randalls Island.
One of the women, who started out as a temporary, six-month hire in 2009, danced on the pole at that year’s Christmas party. But when she rebuffed Cafaro’s alleged sexual overture in the elevator, she wasn’t asked back for two years. When she returned in time for last Christmas, she danced again at the annual party — and got offered a permanent position.
Another worker, a single mother who refused to flirt with Cafaro, showed the Daily News text messages she said were exchanged between her and the deputy chief over the course of her six-month seasonal job that ended this month.
The texts range from creepy to overtly sexual.
In one exchange, Cafaro said he was going home.
“Want to come with me?” he texted.
The staffer declined.
“Will u make it up to me?” he wrote.
The worker didn’t go to the “boom boom” room last Christmas, which prompted another female colleague to text her to come down, adding that she was “at the strip party downstairs.”
The abuse within the Parks and Recreation Department isn’t just sexual, Benn said. A female supervisor at Randalls Island — who gave training about employee rights — was caught on tape screaming that her job wasn’t “to f---ing babysit” staffers. The supervisor, identified by sources as Kate Boland, then dared workers to call the union.
The move backfired, Benn said.
“Our members were brave and called for us and we came,” she said.
Alleged texts between Parks Department Deputy Chief of Operations James Cafaro and a seasonal worker:
-
Dec. 30, 2012
*
Cafaro: Happy Birthday beautiful.
Worker: Thank you.
Cafaro: Thank you for saying happy birthday or for reminding you that you are beautiful? Probably for both lol. R u working?
Worker: Yes I am working and thank you for both.
Cafaro: How are we celebrating?
-
Jan. 24, 2013
*
Worker: You want me in the office? Am I in trouble?
Cafaro: Do u want to be in trouble?
-
Feb. 9, 2013
*
Cafaro: I’m leaving.
Worker: To go?
Cafaro: Home. Want to come with me?
Worker: Have to go get my daughter.
Cafaro: ;-((
Worker: Sorry.
Cafaro: Will you make it up to me?
-
Feb. 10, 2013
*
Cafaro: U didn’t answer my last text yesterday but it is ok.
Worker: I’ll try
Cafaro: I guess that is the best answer for now. U don’t need to try. If u wanted to u would have by now. I won’t bother you about it anymore. u will still be my favorite.
-
Feb. 14, 2013
*
Cafaro: I don’t kno what’s up but I don’t deserve this from u.
-
Feb 26, 2013
*
Cafaro: Don’t get u but i understand.
Worker: Don’t get me but understand okkkkkk.
Cafaro: I want to get u but u won’t let me.
Worker: Sorry.
Cafaro: Sorry for what. U aren’t interested. I get it.
-
Text from one female seasonal worker (staffer 1) to another (staffer 2) who refused to attend the Christmas Party in the “boom boom room” at Randall’s Island
-
Dec. 21, 2012
*Staffer 1: Wya? (Where you at?)
Staffer 2: I’m in the training you. You?
Staffer 1: Come to the elevators. I’m at the strip party downstairs. (Sends picture of a co-worker on strip pole)
Staffer 2: Is that L****? That’s crazy.
Staffer 1: Yeah that’s her.”
-----------------
Getting in the park
Pathway to Parks and Recreation jobs, many of which are four- or six-months long depending on how much money the agency has to budget for staff and maintenance projects:
1) Job training participant: A welfare-to-work program that places people in Parks for six months at a time while looking for permanent work. Pays $9.21 an hour
2) City seasonal aide: An entry-level seasonal job that pays $11.11 an hour for workers not on public assistance but looking for employment.
3) City park worker: A year-round or seasonal position that can be temporary or permanent. Pay is approximately $14 an hour or $29,971 annually for permanent hires. They are union members, but only permanent ones get health benefits and pensions.


Read more: http://www.nydailynews.com/new-york/women-parks-dept-stripped-better-jobs-sources-article-1.1357067#ixzz2Uh4jd2VD

Thứ Ba, 28 tháng 5, 2013

Protecting Your House from Medicaid Estate Recovery


After a Medicaid recipient dies, the state must attempt to recoup from his or her estate whatever benefits it paid for the recipient's care. This is called "estate recovery." For most Medicaid recipients, their house is the only asset available.
Life estates
For many people, setting up a "life estate" is the simplest and most appropriate alternative for protecting the home from estate recovery. A life estate is a form of joint ownership of property between two or more people. They each have an ownership interest in the property, but for different periods of time. The person holding the life estate possesses the property currently and for the rest of his or her life. The other owner has a current ownership interest but cannot take possession until the end of the life estate, which occurs at the death of the life estate holder.
Example: Jess gives a remainder interest in her house to her children, Joe and Annie, while retaining a life interest for herself. She carries this out through a simple deed. Thereafter, Jess, the life estate holder, has the right to live in the property or rent it out, collecting the rents for herself. On the other hand, she is responsible for the costs of maintenance and taxes on the property. In addition, the property cannot be sold to a third party without the cooperation of Joe and Annie, the remainder interest holders.
When Jess dies, the house will not go through probate, since at her death the ownership will pass automatically to the holders of the remainder interest, Joe and Annie. Although the property will not be included in Jess's probate estate, it will be included in her taxable estate. The downside of this is that depending on the size of the estate and the state's estate tax threshold, the property may be subject to estate taxation. The upside is that this can mean a significant reduction in the tax on capital gains when Joe and Annie sell the property because they will receive a "step up" in the property's basis.
As with a transfer to a trust, the deed into a life estate can trigger a Medicaid ineligibility period of up to five years. To avoid a transfer penalty the individual purchasing the life estate must actually reside in the home for at least one year after the purchase.
Life estates are created simply by executing a deed conveying the remainder interest to another while retaining a life interest, as Jess did in this example. In many states, once the house passes to Joe and Annie, the state cannot recover against it for any Medicaid expenses Jane may have incurred.
Trusts
Another method of protecting the home from estate recovery is to transfer it to an irrevocable trust. Trusts provide more flexibility than life estates but are somewhat more complicated. Once the house is in the irrevocable trust, it cannot be taken out again. Although it can be sold, the proceeds must remain in the trust. This can protect more of the value of the house if it is sold. Further, if properly drafted, the later sale of the home while in this trust might allow the settlor, if he or she had met the residency requirements, to exclude up to $250,000 in taxable gain, an exclusion that would not be available if the owner had transferred the home outside of trust to a non-resident child or other third party before sale. Source: www.ElderLawAnswers.com
Contact The Law Office of Inna Fershteyn and Associates to find out what method will work best for you.

Paleontological Resources Preservation Act Regulations Proposed

Administrative regulations to implement the Paleontological Resources Preservation Act (PRPA) were introduced last week.

PRPA was enacted into law in 2009. It is a federal statute that empowers public authorities to protect paleontological resources on federal lands, providing criminal and civil penalties for fossil theft and vandalism and requiring permits for collecting paleontological resources.

In a public notice dated May 23, 2013, the U.S. Department of Agriculture (USDA) explains "The rule would address the management, collection, and curation of paleontological resources from Federal lands including management using scientific principles and expertise, collecting of resources with and without a permit, curation in an approved repository, maintaining confidentiality of specific locality data, and authorizing penalties for illegal collecting, sale, damaging, or otherwise altering or defacing paleontological resources."

The proposed rule seeks to "clarify that science, rather than other values, will be the primary management tool for paleontological resources on Forest Service lands."

The regulations, if adopted, would require a permit for collecting paleontological resources from Forest Service administered lands.  But those in engaged in the "casual collecting of a rock, mineral, or fossil" would not require a permit.

Written public comments will be accepted on the proposed regulations until July 22, 2013.  They may be submitted by online by visiting www.regulations.gov.

Photo credit: dyet

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2010-2013 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited.  CONTACT INFORMATION: www.culturalheritagelawyer.com

Chủ Nhật, 26 tháng 5, 2013

Free Museum Admission for Military Personnel Starts Memorial Day

The Blue Star Museums program offers free admission to active duty, National Guard and Reserve military personnel and their families from Memorial Day through Labor Day. More than 2000 cultural institutions throughout America provide this service in honor of our nation's military.

Participating Blue Star cultural institutions can be found here.

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2010-2013 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT INFORMATION: www.culturalheritagelawyer.com

Thứ Sáu, 24 tháng 5, 2013

Color of Law Abuses


Gavel
U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations.
Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.
The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way.
During 2012, 42 percent of the FBI’s total civil rights caseload involved color of law issues—there were 380 color of law cases opened during the year. Most of the cases involved crimes that fell into into five broad areas:
  • Excessive force;
  • Sexual assaults;
  • False arrest and fabrication of evidence;
  • Deprivation of property; and
  • Failure to keep from harm.
Excessive force: In making arrests, maintaining order, and defending life, law enforcement officers are allowed to use whatever force is “reasonably” necessary. The breadth and scope of the use of force is vast—from just the physical presence of the officer…to the use of deadly force. Violations of federal law occur when it can be shown that the force used was willfully “unreasonable” or “excessive.”
Sexual assaults by officials acting under color of law can happen in jails, during traffic stops, or in other settings where officials might use their position of authority to coerce an individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the person if he or she doesn’t comply.
False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person’s civil rights may occur.
Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.
The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.
Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it’s shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute.
Filing a Complaint
To file a color of law complaint, contact your local FBI office by telephone, in writing, or in person. The following information should be provided:
  • All identifying information for the victim(s);
  • As much identifying information as possible for the subject(s), including position, rank, and agency employed;
  • Date and time of incident;
  • Location of incident;
  • Names, addresses, and telephone numbers of any witness(es);
  • A complete chronology of events; and
  • Any report numbers and charges with respect to the incident.
You may also contact the United States Attorney’s Office in your district or send a written complaint to:
Assistant Attorney General
Civil Rights Division
Criminal Section
950 Pennsylvania Avenue, Northwest
Washington, DC 20530
FBI investigations vary in length. Once our investigation is complete, we forward the findings to the U.S. Attorney’s Office within the local jurisdiction and to the U.S. Department of Justice in Washington, D.C., which decide whether or not to proceed toward prosecution and handle any prosecutions that follow.
Civil Applications
Title 42, U.S.C., Section 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws. This law, commonly referred to as the Police Misconduct Statute, gives the Department of Justice authority to seek civil remedies in cases where law enforcement agencies have policies or practices that foster a pattern of misconduct by employees. This action is directed against an agency, not against individual officers. The types of issues which may initiate a pattern and practice investigation include:
  • Lack of supervision/monitoring of officers’ actions;
  • Lack of justification or reporting by officers on incidents involving the use of force;
  • Lack of, or improper training of, officers; and
  • Citizen complaint processes that treat complainants as adversaries.
Under Title 42, U.S.C., Section 1997, the Department of Justice has the ability to initiate civil actions against mental hospitals, retardation facilities, jails, prisons, nursing homes, and juvenile detention facilities when there are allegations of systemic derivations of the constitutional rights of institutionalized persons.
Report Civil Rights Violations
Resources

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