by SAMUEL B. LEDWITZ, J.D., LL.M. | Last updated Jan 16, 2022 | Advance Health Care Directive, CMIA, Estate Planning, HIPAA, Wills
We are all worried about our children and especially what would happen to them if they got a severe case of Covid-19 and needed parental help while away at college.
When your child turned age 18, they became an adult in the eyes of the government. And, although you may think they are still a kid, they have many rights that come with adulthood.
by SAMUEL B. LEDWITZ, J.D., LL.M. | Last updated Jan 13, 2022 | Advanced Estate Planning, Estate Planning, Living Trusts, Lottery, Probate, Taxes, Trusts, Wills
So you won the lottery? Now what? First Things First Time Limit to collect the money, Don’t rush. Bearer instrument. Sign the back Make copies of the ticket—do not run around town with the actual ticket Do not tell everybody. Keeping it private is one of your biggest assets. How much did you win.
by Bezaire, Ledwitz & Associates, APC | Last updated Feb 22, 2023 | Advanced Estate Planning, Estate Planning, Litigation, Living Trusts, Probate, Samuel B. Ledwitz, Trusts
1. A living trust brings all of your assets together under one single estate plan with ONE set of instructions. This arrangement makes your wishes easier to carry out. Trusts are designed to facilitate the distribution of your estate in that it will be simplified, unambiguous, and clear-cut. Provisions made to ensure the correct titling of your assets/beneficiary designations from your retirement savings plans and life insurance policies are given the highest priority. This preemptive action guards against legal contests and family squabbles that can easily erupt due to poor estate planning. 2. A clearly written and legally correct living trust is a private matter which is not obligated to be a part of the public record, plus they are not easily prone to litigation (as wills frequently are). Probate is a court supervised set of procedures that are mandated by law to be carried out in public. Disappointed or disinherited heirs are free to retain counsel to contest the validity of your will, and to call into question your state of mind when you signed/executed it. In addition, opportunists with varying motivations and self-interests can gain easy access to your family’s personal and financial information. This results in unnecessary expenses, animosity, and delays in settling your estate. Having a trust in place bypasses this very real possibility entirely. 3. A trust can help you avoid court interference should you become incapacitated. Any reasonable person would much rather have their long-term care and assets managed privately by those they know and trust. Without having appointed a trustee/attorney beforehand, the probate court must become involved and appoint a... by Bezaire, Ledwitz & Associates, APC | Last updated Feb 22, 2023 | Advanced Estate Planning, Estate Administration, Estate Planning, Living Trusts, Probate, Trusts, Wills
SOME COMMON MISUNDERSTANDINGS REGARDING LIVING TRUSTS: 1. “They cost too much.” A properly written and legally enforceable living trust typically has a higher initial price tag than what a will does. But, when you take into consideration the privacy, legally enforceable provisions that will protect your assets, and expeditiousness with regard to taking decisive action to safeguarding your interests, a living trust is a very worthwhile investment. In addition, living trusts address such contingencies as making arrangements to care for your (or your spouse) should you become incapacitated, the rights and duties of the acting trustee with protecting your real and personal property (if you’re unable to), and in carrying out your detailed instructions for the dispersal of your estate to your loved ones upon your death. Once more, living trusts are invaluable in that they can enable you to avoid both conservatorship court proceedings and probate altogether. 2. “I’ll lose control of my assets!” With you and/or your spouse acting as trustees of your own living trust, you have the unquestioned authority to do anything with your assets as you see fit. You can make purchases, open/close banks accounts, take extended vacations, appoint/remove designated trustees, and you can even dissolve your living trust at any time (as long as you can make your own decisions). Plus, you alone control who (and at what time) will inherit from your estate. 3. “Trusts are just for the ‘well-to-do.” On the contrary, a living trust can provide protections for a wide range of estates. Wealthy clients are able to avoid having to pay excessive income/estate taxes. Families of modest means can... by Bezaire, Ledwitz & Associates, APC | Last updated Feb 22, 2023 | Advanced Estate Planning, Estate Planning, Litigation, Probate, Staff, Taxes, Trusts
Samuel B. Ledwitz Joins the The National Advocates Top 100 Lawyers Link to Samuel’s Profile at The National Advocates The National Advocates: Top 100 Lawyers is an invitation-only national organization composed of America’s Premier Lawyers. Membership is extended solely to a select few of the most qualified attorneys from each state who exemplify superior qualifications of leadership, reputation, influence, stature and profile as lawyers practicing in designated aspects of the law. Members of The National Advocates are carefully screened prior to receiving an invitation for membership. The criteria used in the evaluation process include, but are not limited to, the following: Reputation among peers, the judiciary, and the public The previous year’s achievements in the practice area of specialty Board Certifications in area of specialty Nominations received from leading lawyers, current members and/or our executive committee members Leadership and membership within other national and state lawyer or specialty organizations Rankings and ratings of the attorney by established associations or organizations The National Advocates’ mission is to promote excellence in the legal profession through advocacy training, marketing, networking and education of lawyers.... by Bezaire, Ledwitz & Associates, APC | Last updated Feb 9, 2022 | Estate Planning, HIPAA, Press
The Health Insurance Portability and Accountability Act, which is also known as “HIPAA”, is a body of laws enacted by Congress in 1996 which are designed to uphold and protect the transmission, confidentiality and privacy of our medical records and other related healthcare information (known collectively as Protected Health Information). No one can peruse your confidential files without your explicit approval. Those found violating this federal mandate are subject to fines, jail time, or both. The maximum penalty for flagrant disregard of this legislation is one million dollars and up to 10 years in federal prison. This governmental safeguard shields every U. S. citizen—including tabloid celebrities such as Charlie Sheen. Mr. Sheen was having a dental procedure performed recently, and his healthcare records/privacy became compromised. A dental assistant who worked there told her son that Mr. Sheen was going to be at her dental office on a particular date and time—which is a flagrant violation of HIPAA’s privacy protections. Instead of facing potential financial liability and incarceration, her boss simply fired her. In retaliation, this dental assistant leveled charges against Mr. Sheen saying that he had gone mad, “pulled out a knife,” and destroyed her workplace due to a violent reaction to nitrous oxide (also known as laughing gas). Sheen’s dentist/oral surgeon denied the allegations when questioned by the Los Angeles Police Department. In his professional opinion, the star’s reaction was a consequence of the anesthetic being mixed with prescription pain medication that Charlie was taking. In all likelihood, no charges will be filed against Mr. Sheen. This case underscores the value of HIPAA. It upholds (and has the... by SAMUEL B. LEDWITZ, J.D., LL.M. | Last updated Feb 9, 2022 | Estate Planning, Mortgage, Reverse Mortgage, Taxes
On the surface, a reverse mortgage seems like an excellent way to supplement your retirement income. By using your house as collateral, a bank will pay you (instead of you paying them) its equity (value) back to you in monthly installments. By taking into account their hidden fees and with the eventual loss of title of ownership, the following paragraphs will argue that this type or mortgage may not be such a great idea after all. The reverse mortgage originated in 1989. In that year, the Federal Housing Administration, under the direction of the U.S. Department of Housing and Urban Development, started a program called Home Equity Conversion Mortgages. As Mortgages in Canada are available to property owners over the age of 62, their relative ease in being obtained and popularity through clever advertising, made them grow at an exponential rate. Some Expert Witnesses claim that these home loans covered even the post-construction procedures, such as surveys and inspections. Under their terms, the home being mortgaged must be your primary residence. The amount of money that can be paid to you is based upon the equity of your house. If you have other mortgages in force (with using your home as collateral), the remainder of your equity will be the basis upon which the funds will be derived. Payments made you can be in one lump sum, in installments for the rest of your life, or as a credit line. Another plus is that this source of income is not subject of income tax. The duty to repay the loan is deferred until either: your die (as being the... by SAMUEL B. LEDWITZ, J.D., LL.M. | Last updated Feb 22, 2023 | Advanced Estate Planning, Estate Planning, Gifting, Gun Trusts, Living Trusts, Medical Marijuana, Trusts, Wills
FIREARM TRANSFERS AND MEDICAL/CASUAL MARIJUANA USE: SOME IMPORTANT THINGS TO CONSIDER
by SAMUEL B. LEDWITZ, J.D., LL.M. | Last updated Feb 22, 2023 | I.R.S., Living Trusts, Samuel B. Ledwitz, Taxes, Trusts
In their never-ending pursuit with finding new ways to scare and defraud honest taxpayers, criminals are now employing a new scam. This one involves reaching out to citizens (either by telephone or via the internet), identifying themselves as I.R.S. agents, and making baseless criminal allegations demanding immediate payment of taxes owed. Once more, many scammers have been able to modify Caller I.D. readouts and in using the official federal agency’s logo embedded within their fraudulent emails in order to pull off this deception. This trick is currently being carried out across the United States, and has needlessly stressed out and swindled a large number of middle class families and retirees. According to the Internal Revenue Service, agents do not initially contact taxpayers either by phone or by email regarding a tax matter. Instead, residents are first notified by regular mail. Only after someone has been formally contacted by traditional methods do they confer electronically. If you or a loved one receives any type of phone call or email like this, the first step in taking action is to contact your local I.R.S. field office. Their number can be found in the white pages, or online. Second, you can notify the U.S. Treasury Inspectors at (800) 366-4484 and provide them with as much relevant information as you can. Another option to take in fighting back is to simply email: phishing@irs.gov and copy/paste the suspect email message. Lastly, the I.R.S. recommends that you also contact the Federal Trade Commission and activate a consumer complaint by filing an “I.R.S. telephone scam” report. Their main website is:... by Bezaire, Ledwitz & Associates, APC | Last updated Feb 22, 2023 | California Air Force Association, Martin Ledwitz, Press, Samuel B. Ledwitz
California Air Force Association 2014 Annual Convention: Awards to California Air National and California State Military Reserve Personnel and Units The California Air Force Association (CAFA) held its annual convention from 14 to 16 August 2014 at Vandenberg Air Force Base in California. At the luncheon awards ceremony for CAFA members on 16 August, Colonel (CA) Martin Ledwitz was awarded the new CAFA Distinguished Service Award and placed in the new CAFA Hall of Fame with other inductees. Captain (CA) Eric Van Der Heide was awarded the Meritorious Service Award. In addition, Ledwitz was re-elected the CAFA Area 3 (Southern California) President, and also named the CAFA State Vice President. Van Der Heide was elected the CAFA Area 3 Vice President. The military awards ceremony held that evening saw awards presented to the following California Air NG and Air CSMR units and personnel: Air National Guard ANG Unit of the Year: 144 Fighter Wing, Fresno ANG Airman of the Year: SSgt Carlos Puga, 146 LRS, Channel Islands ANGB ANG NCO of the Year: MSgt Robert R. Amador, 196 RS, March ARB ANG SNCO of the Year: SMSgt John W. Milor, 144 CF, Fresno ANG CGO of the Year: Capt Michael S. Yamamoto, 144 CF, Fresno ANG FGO’s of the Year: Lt Col Esther C. Sablan, 129 AMS, Moffett Federal Field, Maj Todd C. Linton, 163 FW, March ARB and Maj Todd C. Linton, 163 FW, March ARB California State Military Reserve CSMR NCO of the Year: SrA Ashli L. Morgan, 146 AWSU, Channel Islands ANGB CSMR Officer of the Year: 2Lt (CA) Patrick Leonard, 146 AWSU, Channel Islands ANGB...