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TOD Deed stands for “Transfer on Death Deed.”   A TOD Deed is to real estate what POD (“Pay on Death”) is to bank accounts.  One can set up a bank account and name “pay on death” beneficiaries.   When a person sets up a POD bank account (“account owner”), there are no restrictions as to the account owner’s use of the funds in the account.  In fact, the account owner can use all of the funds in the account and there may be no funds left at his/her death, but if any funds do remain, the remaining funds are payable to […]

Question:  Is it cheating the government to do planning for and to become eligible to receive Medicaid, and to protect your assets?Answer:  Absolutely not.  Medicaid and asset preservation planning is legitimate and very legal if done with the assistance of a professional and qualified elder law attorney. Two specific reasons for doing so are as follows:If you have ever had a job you have paid into the system, i.e. you have paid into Medicare and Medicaid. Every paycheck that you have ever earned deducts money to pay for you to eventually receive Medicare and Medicaid.Planning for and becoming eligible to […]

Sometimes it is very clear to a family when a loved one needs assisted-living or long-term nursing home care. Perhaps there has been an accident or a health emergency that signals that the loved one is going to need more assistance than what can be provided at home. But other times, a loved one’s decline is more gradual. There may be increased forgetfulness or a general growing inability to take care of one’s personal hygiene. It is a difficult decision to ask a loved one to leave their home and move to a facility, even if it is so that […]

Every employer faces challenges to meet the market demands to retain good employees and the legal obligations governing that relationship.  This year continues to be a challenging year for employers for a number of obvious reasons, primarily COVID-19.  In June, the United States Supreme Court issued a decision that clarifies a socially sensitive issue on what discrimination based on sex (or gender) means.  Title VII was enacted to prevent discrimination in employment based on race, color, religion, sex and national origin.  In recent years, there has been a debate about whether Title VII protected lesbian, gay, bisexual, and transgender. (“LBGT”) […]

As Indiana businesses continue to deal with COVID-19, it may be a good time to review your employee handbook and to update policies in an ongoing COVID-19 environment.PlansEmployers should revisit their plans for working from this past Spring.  These plans can be of great assistance in the event of a “second wave” of the COVID-19 pandemic and if new government restrictions are imposed, or if an outbreak occurs at the place of business. What is clear is that the employment environment is not the same as it was a year ago, and there is no certainty about when, or if, […]

Despite the efforts of individuals, organizations and governments, instances of COVID-19 are not going down.  Like most states, Indiana has been gradually lifting its original Hunker Down orders with the Back-On-Track plan.  Unfortunately, statistics show that instances of COVID-19 are increasing. On Friday, July 24, 2020, Governor Holcomb issued Executive Order 20-37 mandating the use of masks in public places.  Masks are required for anyone 8-years-old or older while in indoor spaces, businesses, when using public transportation or other vehicle spaces and outdoor public spaces when it’s not possible to be distanced from other people. During the announcement preceding the order, […]

BackgroundIndiana employers continue to face employment issues related to return to work, absences and benefits due to COVID-19.  Many employers have returned to work without substantial restrictions, but those who serve the public – like restaurants, beauty establishments and retail stores – continue to face restrictions on the number of customers they can serve.  Local governments are increasing their efforts to fight the spread of COVID-19 by requiring masks, and the Governor announced his intention to require all citizens of Indiana to wear masks in public settings.Indiana citizens are also getting ready for school-aged children to return to school.  School […]

On August 7, 2020, President Trump issued four (4) executive orders related to the ongoing COVID-19 pandemic.[1]  The President identified that further temporary relief was necessary to support working Americans during these challenging times.  The order that has caught the most attention is a Payroll Tax Deferral. On August 28, the IRS issued a Notice explaining the Payroll Tax Deferral in more detail  What can be deferred? Employers and employees jointly share responsibility for a 12.4% levy that funds Social Security and a 2.9% tax to support Medicare.  The Payroll Tax Deferral only impacts the Social Security portion of employment […]

Every employer faces challenges to meet the market demands to retain good employees and the legal obligations governing that relationship.  This year continues to be a challenging year for employers for a number of obvious reasons, primarily COVID-19.  In June, the United States Supreme Court issued a decision that clarifies a socially sensitive issue on what discrimination based on sex (or gender) means.  Title VII was enacted to prevent discrimination in employment based on race, color, religion, sex, and national origin.  In recent years, there has been a debate about whether Title VII protected lesbian, gay, bisexual, and transgender. (“LBGT”) […]

A “living trust” is the name frequently given to a revocable trust used in estate planning as an alternative to a will.  The downside to a will is that for a will to be valid and effective to transfer property at one’s death, the will must be “probated.” Probate is a formal court proceeding that is expensive and often ties up the decedent’s estate for many months, while the beneficiaries wait for their inheritance.  A “living” trust avoids probate.  An individual can establish his/her own individual living trust, or spouses, if they wish, can establish one trust together called a […]