Easy way to explain (or understand) the cons of Probate

 Why Most People Want to Avoid Probate

First, it requires frustrating intrusion by the court, lawyers, and the public into a very emotional, private, family time. A judge may have to determine who is a legitimate creditor, and may have to rule on distributions to children and other beneficiaries. Your estate may have to hire a lawyer to shepherd the executor through the legal maze.

Second, all of your affairs will become public knowledge. The contents of your will would be on file in the courthouse, for all to read and wills are read. They are read by salesmen, by newspaper reporters, and by the morbidly curious, all seeking in one way or another to take advantage of the publicity required by the probate process.

Third, probate takes time. Unless your executor is absolutely certain that there are no debts owed by the estate (a rare occurrence, since almost everyone leaves some small debts behind) and is to accept personal responsibility for your debts, the Virginia probate law mandates that your assets not be distributed for one year after you die, to allow creditors time to petition the court for full payment. Any assets distributed before that time come with a heavy cost for your executor he or she is personally liable for the repayment of all of this amount, even if the beneficiaries to whom distribution is made have already spent the amount distributed. Thus, your executor will likely be very hesitant to distribute before all debts and taxes are paid. The court, not your family, will supervise and authorize the settling of all debts and the payment of inheritances, in its time and with its delays.

Fourth, on a national average the probate process takes from five to eight percent of your family estate out of the hands of your beneficiaries and gives it to the courts and other outside individuals. In Virginia, this is usually lower, but can also be higher in the event of unusual circumstances, such as a will contest. Planning with a trust can save the average American family about $30,000 in probate fees, attorney fees, and court costs alone, according to a national study by the AARP. The up front cost of a trust is only slightly higher than just a will, but the savings in the end can make the initial expense more than worthwhile.

Fifth, if you are not competent at any time before your death, the trustee of your living trust can serve as the caretaker of your property. This can avoid the expensive and embarrassing public guardianship/conservatorship proceeding, where your children have to prove that you are not able to manage your own affairs. A living trust combined with a power of attorney can provide the most complete protection available. Evan H. Farr on Google +

Fire destroys 93 year-old's proof of military service; now he can't get benefits

Veteran’s proof of military service burns in fire; VA not willing to make exception

A 93 year-old veteran from CA can’t get the benefits he says he is entitled to, even though he was drafted in 1943, and served in the U.S. Navy during World War II.

Bakersfieldnow reports that the veteran is having difficulty in obtaining benefits he would be entitled to, but for the fact he can’t prove he was honorably discharged. The VA office can’t move forwared without proper documentation, but the documents may not exist. A county representative believes the papers were destroyed in the fire of 1973 (in St. Louis.)

"I feel like I'm not a human anymore, because the computer says I'm not alive," Quinlan told Eyewitness News.  The problem isn’t even his fault. "They had a huge fire in St. Louis, and all these records are gone."  

Although these days we have means to ensure data is not lost because of accidents or disasters, veterans who have lost key documentation in the past are currently in need of reformed VA policies.  

Evan H. Farr on Google +

“Seniors and dependent adults are vulnerable in our State”

The National Adult Protective Services Association (NAPSA) has been working with the state-level Adult Protective Service agencies (APS) as part of an ongoing effort to remain up-to-date on the budget issues. The most recent update reported in a newsletter by NAPSA paints a grim financial portrait. What’s worse is that the budget shortfalls are leading to less productivity and more reports of abuse.

According to NAPSA, a survey of APS agencies across the nation yielded 81 results from 30 states. The common thread among responding APS agencies was one of fiscal woe. Budgets were slashed just over 13% for the average APS branch. As if to add insult to injury, two-thirds of the responses indicated reports of abuse as having risen 24%. Almost a quarter of the reporting states has, or is in the process of, reducing or eliminating certain types of investigations.

One representative (from a responding state) said, “Counties have had to make draconian cuts to their social service programs . . . The state has also cut funding to . . . Adult Day Care, Alzheimer’s Day Care: all these programs provided a safety net which has been all but shredded. Seniors and dependent adults are vulnerable in our state.”

Read the newsletter from NAPSA here - State APS Program Budgets Slashed Across US - “The situation is grave”

Evan H. Farr on Google +

Should the WikiLeaks fiasco raise healthcare privacy concerns?

Read the FULL Article here



With roughly 250,000 documents released by WikiLeaks and with the aid of some popular media outlets, the ramifications of the diplomatic cables will be far-reaching. My initial thoughts were mixed: perhaps this latest WikiLeaks embarrassment will sound the alarm bells for governments and private industries to protect sensitive information more closely; perhaps it will lead to the development of more sophisticated information technology tools and training methodologies. On the other hand, it is impossible to ignore the obvious – that the United States government failed to prevent a massive theft of classified data. As a result, the logical question raised is “how we can expect, in the future, government agencies (federal, state, or local), or even private industries, to keep sensitive data confidential?”

This chart represents the source of the cables

Read the FULL Article here

In my recent article on the importance of Electronic and Personal Health records, I discussed why the electronic storage of medical information is beneficial to patients, and how the use of smart health information technology can save money and lives. There is no denying that we are living in the “information age,” and to resist this transition would be counterintuitive and counterproductive. But, we also are living in the post-9/11 era. Thus, we must strike a balance between our privacy rights & expectations, and our safety.

Living to 100 becoming more common, stress reduction is key

The senior citizen population is quickly growing; but did you know that centenarians are expected to reach the 800,000 mark by 2050? Even more shocking – this number was estimated to be only slightly over 50,000 in the year 2000.* This is a projected 16-fold increase in this segment of the population, within a 50 year period!

The way we handle our stress levels on a day-to-day basis over our entire lives may be the key to longevity. The formula to long life, based on recent studies, appears to be a combination of healthy living + the ability to cope with stress.

According to Senior Journal, researchers from the University of Georgia have concluded, “[h]ow we feel about ourselves and our ability to adapt to an accumulation of challenging life experiences may be as important – or more important – than health factors in determining if we survive to be 100 years old.”  The study is published in Current Gerontology and Geriatrics Research.

Most studies in the past that have examined longevity have looked at genetics and health habits. But only a few consider mental, social, and psychological factors. The concept of “mind over matter” was expressed by Leonard Poon, lead author of the study, who said “What is happening to you matters, but more importantly, it is your perception of what is happening to you that is really important for your individual health.”

What common traits do healthy centenarians possess? Personality traits like conscientiousness and openness are tied to happiness in old age. Conversely, and as one might expect, neurotic and anxious individuals are less healthy.  The research was performed over an eight year period.  240 men and women, age 100 and older, participated in the study.

*According to Leonard Poon, Director of the Institute of Gerontology in the UGA College of Public Health, quoted by Senior Journal.

Evan H. Farr on Google +

Therapeutic horseback riding beneficial for recovering U.S. servicemen and women

Did you know that “therapeutic horseback riding” may be beneficial for individuals who suffer from disabilities? Saddling-up may seem like an odd choice for therapy, but according to some studies, it is one of the best therapeutic activities for people with physical, mental, and/or emotional disabilities.

Why is horseback riding beneficial? Horseback riders must exercise awareness, perception, balance, confidence, and discipline. Best of all, most would describe it as an enjoyable activity. Most importantly, the focus of this type of therapy is on the rider’s ability, not his or her disability.  

The Northern Virginia Therapeutic Riding Program (NVTRP) is making waves. The organization, which is located in Clifton, Virginia, offers various ways to engage this form of therapy. Among the various methods, is “Hippotherapy.”  A therapist uses the horse’s movements as a way to treat impairments and reach functional goals. Another method, “Interactive Vaulting,” tests strength, balance, and courage and resembles gymnastics on horseback. The risk of injury is mitigated, as the program can be tailored to each participant’s individual abilities.

Not only does the NVTRP offer various therapeutic riding programs, but it also proactively reaches out to those in need. The NVTRP has collaborated with the government to provide a riding program for recovering servicemen and women. A major aspect that should not be overlooked by people considering therapeutic riding is the team-building atmosphere that is inevitably created.

For more information on therapeutic horseback riding and the NVTRP, visit their website here. Evan H. Farr on Google +

Louisiana may wait another year for Medicaid overhaul

The Associated Press has reported that Louisiana may have to wait another year for a Medicaid overhaul. The State Secretary of Health, Bruce Greenstein, believes that the plan to coordinate private insurers within the Medicaid system would improve patient health care and save money. Whether the overhaul should include private insurers is being debated. Health care providers are not currently on the same page; they propose an alternative plan that does not include private insurers.

Baton Rouge sources reported that Secretary Greenstein stated that the state-level leaders including Governor Jindal will keep pressing their plan. The state wants to permit private insurance companies to engage in management responsibilities via the Louisiana Medicaid program.

If the “coordinated care” plan, as it has been referred to, meets expectations - it will cover women and children primarily, and about 800,000 of the 1.2 million citizens receiving Medicaid.

Evan H. Farr on Google +