Yes. The term “adult child” is an individual who is unmarried and age 18 or older whose disability began before they reached age 22. Even though the benefits are paid to an adult, they are considered child’s benefits because the benefits are paid on a parent’s Social Security record. The adult child’s disability is determined … Continue reading Can my adult child get Social Security Disability benefits?
Should my children be co-executors?
Many parents with more than one child find it difficult to choose one to administer their estate. Sometimes they don’t want to offend a child. Sometimes it’s truly hard to choose. Often their solution is to ask their attorney to appoint both children as co-executors. While this may appease a parent’s conscience, it is rarely … Continue reading Should my children be co-executors?
Income tax on Social Security benefits?
Since tax season is creeping up on us, some may be wondering whether or not you have to pay tax on your Social Security benefits. The simple answer is maybe. If you file a federal tax return as an individual and your total income is more than $25,000, you will have to pay taxes on … Continue reading Income tax on Social Security benefits?
How long can your Social Security Disability benefits last?
There is no time limit on Social Security Disability benefits. Disability benefits will continue as long as you remain disabled. Social Security Administration will periodically review your case to make sure you continue to qualify for benefits. The periodic review will consist of a review of your medical records. Additionally, if you are still collecting … Continue reading How long can your Social Security Disability benefits last?
Medical Assistance’s Estate Recovery Program
Many individuals find that they are unable to afford nursing home care, hospital care, prescription drugs, and home and community based services as they age. This is a sad, but very common occurrence in today’s world. The only option for many is to use Medical Assistance to help pay for the above-listed benefits. The receipt … Continue reading Medical Assistance’s Estate Recovery Program
Medical Assistance’s Estate Recovery Program
Many individuals find that they are unable to afford nursing home care, hospital care, prescription drugs, and home and community based services as they age. This is a sad, but very common occurrence in today’s world. The only option for many is to use Medical Assistance to help pay for the above-listed benefits. The receipt … Continue reading Medical Assistance’s Estate Recovery Program
Effect of Death on a Divorce: Can the Spouse take under the Decedents Will or is the Spouse Limited?
With a divorce rate above 50%, the inevitable sometimes occurs. During the divorce proceeding, one spouse dies. The affect of this situation can lead to a complex interaction between the Divorce Code and the Estate Code. Because there are so many different possibilities, I will briefly lay out the possible scenarios and likely effect on … Continue reading Effect of Death on a Divorce: Can the Spouse take under the Decedents Will or is the Spouse Limited?
Florida Man Arrested for Constructive Possession of an SBR
I have recently blogged about the issue of constructive possession of NFA firearms in my article NFA and Constructive Possession: Myth or Reality?. On August 27, 2009, Jesus Amador, Jr., was arrested by an undercover officer when he sought to sell his Heckler and Koch SP89 pistol. But, one can legally sell an H&K SP89, … Continue reading Florida Man Arrested for Constructive Possession of an SBR
Dealer’s Free NFA Trust is Invalid
Attorney David Goldman recently posted an article, Free NFA Trust Form for Class 3, Title II purchases, about a dealer who was offering a free NFA trusts with purchase of a NFA firearm. As Attorney Goldman discusses in his article, the trust was blatantly invalid. The invalidity of the trust could subject the trust assets to forfeiture and the grantor/trustee(s) subject to … Continue reading Dealer’s Free NFA Trust is Invalid
Can a Trustee “use” the Assets of a Gun Trust?
The answer, generally speaking, is no, unless you have competent legal advice on how to form a trust that would allow the trustee to “use” the assets. What many who use Quicken or other products, instead of seeking competent legal advice, fail to recognize or understand is the purpose of a trust and the fiduciary duties … Continue reading Can a Trustee “use” the Assets of a Gun Trust?
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