Articles

You may be able to fight a nursing home discharge

Sometimes a nursing home wants to get rid of a particular resident. It might think the resident (or the resident’s family) is “difficult.” The resident might require more expensive or demanding care than others. Or the resident might be a Medicaid recipient, and the nursing home could make more money by replacing him or her with a private-pay individual. The usual way that nursing homes get rid of residents is to transfer them to a hospital,

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New Nevada law may help people in other states save taxes, protect assets

 A new law in Nevada could benefit people all over the country who want to reduce estate taxes and protect assets from creditors. The law allows anyone in the U.S. to create a “restricted” limited partnership or limited liability company in Nevada. In general, putting assets into an LP or LLC can be a good idea. You can then give membership units, or shares, in the LP or LLC to your heirs each year. Ordinarily, you

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Make sure your loved ones can find your passwords

Years ago, when someone passed away, their loved ones could often access all the documents they needed with a simple key to a safe deposit box. Now however, many aspects of people’s lives – both financial and personal – are online in places accessible only by password. This includes e-mail accounts, PayPal accounts, online banks and brokerages, automatic bill-paying arrangements, and even Facebook pages and photo collections.

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Making gifts or loans to your children? Mention this in your will

Many parents make gifts or loans to their children. Often they give more money to one child than to others, perhaps because one child has a greater need. If you do make a significant gift or loan to one of your heirs, you should modify your will to address it. The reason: If something happens to you, it might be unclear to your heirs what the effect of the gifts or loans should be on their

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How to plan your estate if you have a special needs child

Almost three million children in the U.S. between the ages of five and 15 have special needs, according to the latest Census figures. Parents of these children need to use extra care in planning their estates. For most people, estate planning is about making sure your assets go where you want them to, and minimizing inconvenience and taxes along the way. But parents of special needs children face an additional challenge because they have to make

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Tougher HIPAA rules for medical businesses

Medical offices and other businesses that are subject to the federal HIPAA medical-privacy law will have to comply with some new rules from Congress. The changes include: ► If a breach of privacy occurs, you must now notify the affected individuals within 60 days. (Before, you only had to try to limit the negative effects of a breach.) If the breach affects more than 500 people, you must report the incident to the U.S. Department of

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Careful: text-message advertising may violate federal law

If you’re thinking of using a text-message advertising campaign for your company, be aware of the possible legal hurdles. Recently, a company called Nextones began giving away free ringtones. In order to get one, customers had to agree to receive text messages from Nextones affiliates. Nextones then licensed its list of customers to publisher Simon & Schuster, which used it to blast text ads for a Stephen King novel. The problem? According to a federal court

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Employers who use ‘promotional exams’ are facing a dilemma

Employers who use tests to hire or promote employees now face a tough dilemma if those tests end up significantly disfavoring minority workers.  If the employer uses the test results, it could be sued by the minority workers on the grounds that the test had an unfair impact on them. On the other hand, if the employer throws out the test results, it could be sued by the non-minority workers on the grounds that they did

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Does an insolvent customer have a legal duty to pay you?

If a customer owes you money but is going under, who does it have to pay first: you…or its owners? This is a significant issue in a recession. A key test case in Wisconsin was supposed to provide a clearer answer, but the Wisconsin Supreme Court split 3-3 and couldn’t make a decision. The case involved a company that made stereo speaker parts. The company (the largest employer in the county) defaulted on its loans and

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What to do if your child is a spendthrift?

Many people wonder about passing along their assets to a child who tends to overspend and hasn’t show an ability to manage money.  They worry that such a child will blow through an inheritance quickly and wont have the money to live on as he or she gets older. Fortunately, there are ways to provide for such children while at the same time protecting them from themselves. For instance, you can put assets into a trust

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