Gary R Lieberman Marin County Elder Law Specialist.

Gary R Lieberman Appears Tonight with John J Nazarian to Take Your Questions

Our own Gary R Lieberman Elder Law Specialist from Marin County California in the Bay area will be appearing on John J Nazarian’s new radio show, John Unleashed.

Some of the topics to be covered are:

1. Americans are being escorted via email and mainstream media including ABC News to moved to countries where their retirement money will go further and buy more.

2. If a baby boomer is about to retire and they have a younger spouse, how will the new Affordable Care Act help the younger spouse once they lose the retiring spouse employers insurance.

3. Medi-cal for nursing home, a special program for California elders.

4. I am in my young 40′s when should I get a Will and what other papers do I need at my young age. I am so healthy and so busy what do I need and how long will it take me to get all of this stuff ready to bring in?

5. How can your firm help me if I am a disabled Veteran and I have tons of paperwork I am never going to understand?

Gary Lieberman will also share a couple of horror stories that will illustrate in an easy to understand narrative as to why it is so important you don’t put any of this off until next week!!!!

This show is tonight at 7 PM PDT – 8 PM MDT – 9 PM CDT and 10 PM EDT. The call in number to join the discussion or ask a question is 646-200-0556 (LONG DISTANCE CHARGES DO APPLY).

You can also email questions to John’s co-host Rose Tuner right up to show time and even during the show. You can also listen to the show live and join the chat channel and ask questions at this link once the show starts:

http://www.blogtalkradio.com/john-j-nazarian/2013/06/10/john-unleased

This coming week after the show, please take advantage of our free consultation where we will look at all of your papers, your retirement plans, Trust Accounts, Asset Protection plans, Power of Attorney, Medical Proxy, Estate Preparation, etc. Let us help you make sure ALL of your paperwork is in order, we recommend you do this every 5 years as laws change from time to time, and our lives change on a daily basis as well. People should at least review their documents to make sure that changed circumstances in their lives haven’t altered the efficacy of their documents and to make sure that they still want the same person to hold both their medical Proxy as well as their Power of Attorney, and further to make sure that there are people to check up on you before you become a target of elder abuse including financial abuse. Call us for a free consultation in person either at one of our offices or in the comfort of your home, call toll free at (866) 410-3126.

Our website is California Living Trust but Gary Lieberman is the principal for the Law Offices of Gary R. Lieberman LLP in Marin County.

Follow the Law Offices of Gary R. Lieberman On Face Book on Twitter and on Linked In and see who the staff of the Law Offices of Gary R. Lieberman are following.

©Law Offices of Gary R. Lieberman, LLP
June 9, 2013
All Rights Reserved, do not reproduce in whole or in part without the express written consent of this site.

*The foregoing report is designed solely for the purpose of providing very general and limited information on the subject matters. Readers should have their estate planning documents reviewed to determine their legal sufficiency and whether they need to be amended or replaced

A medical bill, family photographs and belongings of Lisa Krieger's late father, Kenneth Harris Krieger. (Dai Sugano)

Gary R Lieberman Edler Law Specialist suggests the NPR’s Five-Part Story on Elder Abuse

The NPR on May 3, 2013 launched a five-part story on elder abuse. all segments can be viewed on their website even if you missed the first airing. Topics covered over the course of the 5 part series include:

· Part 1: Elderly Couple’s Tale Of Abuse Not So Uncommon

James and Etta Jennings moved to the Forest Hill neighborhood of Richmond in 1959. They were young – just married – and the first owners of their red brick ranch house. They had children and then grandchildren, who gathered in their family room for holidays and learned to swim in their backyard pool.

But when their granddaughter, Jeannie Beidler, approached the home on July 27, 2010, she was confronted by a grim reality. Paramedics, police and Adult Protective Services social workers were on the scene.

“You could smell the stench of urine and feces,” she says, standing at the foot of the driveway. “From this point, we already knew what we were about to walk into.”

The Jennings’ son, Beidler’s uncle, was supposed to be caring for them, but it became clear very quickly that something had gone horribly wrong. The Jennings were living without running water or even a fan. James was confined to a chair. His blood pressure was high and he was fading in and out of consciousness. Etta was living on a broken bed crawling with maggots.

· Part 2: Adult Protective Services Fight Against Elder Abuse – The Uphill Battle To End Elderly Abuse

Bonnie Klem calls her Adult Protective Services (APS) office in Rockville “chaotic.” It’s full of folders and binders stuffed with papers detailing hundreds of cases of alleged abuse or neglect. But despite that chaos and the grim contents of those folders, Klem is endlessly upbeat.

“What we have to do is walk into somebody’s house and somehow convince them that we are really good people,” she says. “We really want to help, and we just want to take some of their time. You have to be upbeat to get anything accomplished.”

APS investigates reports alleging abuse, neglect and exploitation of frail elderly and disabled adults and intervenes to protect vulnerable adults who are at risk. Klem, who was a field investigator for 18 years, now oversees eight social workers handling suspected abuse cases in Montgomery County.

· Part 3: Tackling Nursing Home Complaints With Ombudsman Programs

Laura Nichols has heard it all — everything from broken air conditioning in the middle of the summer to diapers not being changed for hours at a time. She is with the Long-Term Care Ombudsman Program that covers Alexandria, Arlington, Fairfax, Loudoun, and Prince William counties, serving 119 facilities and 12,000 beds. WAMU 88.5’s Northern Virginia reporter Michael Pope interviewed Nichols at her office in the Pennino Building at the Fairfax County Government Center. Following are highlights of their conversation.

· Part 4: Financial Exploitation Of Elderly Difficult To Detect

Rosetta Skipper met a woman at St. Luke’s Catholic Church along East Capitol Street in southeast D.C. in 2007. Skipper’s husband had died five years earlier; they had no children, and she lived alone in her northeast D.C. home. Her closest family was in New York City.

Skipper had Alzheimer’s disease, and was briefly hospitalized in 2007, as her health worsened. That’s when the woman at the church took control of her life and moved Skipper into her own home.

“She had somehow gotten power of attorney done,” says Stephen Skipper Jr., Rosetta’s great nephew. “We don’t know how she did. As soon as my aunt got home from the hospital, it only seemed like two weeks later. This lady, who no one had ever met, was now her caretaker and power of attorney over everything”

Financial exploitation of seniors is a problem that’s estimated to cost nearly $3 billion per year. Now, some states — including Maryland — are trying to put a stop to that abuse. But this type of exploitation is difficult to spot.

· Part 5: House Calls A Better Option For Some Elderly

Elouise Cain is a 90-year-old Washingtonian, who lives in a row house in Northwest D.C. She has dementia and low vision, and she has a history of blood clots, high blood pressure, diabetes and kidney disease.

Despite Cain’s medical history, she is thriving. Her daughter, Corrine Dubose, and her granddaughter, Monica Johnson, are fierce advocates for her. They document each medication and each blood test, and they take turns sleeping in a cot by her bed at night. They keep her mind as nimble as possible – practicing spelling and drawing with her. In a quiet voice, Cain sings along with them.

“We have fun together,” Dubose says. “And I always say she would do the same for me. I know she would.”

But Johnson and Dubose say Cain wasn’t always doing so well. Toward the end of 2009, she was living in a nursing home with a history of neglect accusations and health code violations. For a while, it was on a federal list of facilities with persistently poor care.

Be sure to read the other two articles on this site about Elder Abuse; Should Craigslist Caregivers be taking care of your parents at home and California Attorney General to ramp up elder abuse prosecutions against nursing homes. This is such an important subject as we age that we suggest not only do you come in to talk to us free of charge, but to read up on what is happening and even signs of elder abuse.

Gary R. Lieberman and Josh Eisenberg or caring Elder Law Specialists in Marin County California. They both belong to the National Academy of Elder Law Attorneys. They care deeply about elder abuse and making sure all of your paperwork is in order so when it comes time for someone else to make decisions for you, it is the right person. If you think your parents or grandparents are being abused they want to sat down with you free of charge and discuss that as well.

Please take advantage of our free consultation where we will look at all of your papers, your retirement plans, Trust Accounts, Asset Protection plans, Power of Attorney, Medical Proxy, Estate Preparation, etc. Let us help you make sure ALL of your paperwork is in order, we recommend you do this every 5 years as laws change from time to time, and our lives change on a daily basis as well. People should at least review their documents to make sure that changed circumstances in their lives haven’t altered the efficacy of their documents and to make sure that they still want the same person to hold both their medical Proxy as well as their Power of Attorney, and further to make sure that there are people to check up on you before you become a target of elder abuse including financial abuse. Call us for a free consultation in person either at one of our offices or in the comfort of your home, call toll free at (866) 410-3126.

Our website is California Living Trust but Gary Lieberman is the principal for the Law Offices of Gary R. Lieberman LLP in Marin County.

Follow the Law Offices of Gary R. Lieberman On Face Book on Twitter and on Linked In and see who the staff of the Law Offices of Gary R. Lieberman are following.

©Law Offices of Gary R. Lieberman, LLP
June 3, 2013
All Rights Reserved, do not reproduce in whole or in part without the express written consent of this site.

*The foregoing report is designed solely for the purpose of providing very general and limited information on the subject matters. Readers should have their estate planning documents reviewed to determine their legal sufficiency and whether they need to be amended or replaced

Beware of financial advisers they prey on our senior citizens

Low Interest Rate Environment Exposes Seniors to Fraudsters

Ylan Q. Mui of the Washington Post recently had an article that the National Academy of Elder Law Attorneys suggested it members, which include both Gary R Lieberman and Josh Eisenberg of California Living Trust based out of Marin County California, take a look to see if senior citizens in their community were being lured into risky investments and if so what can be done about it.

The article stated in part:

“Senior citizens are being lured into riskier investments — and often outright scams — as carefully laid retirement plans have been scuttled by five years of low interest rates.

Government regulators and advocacy groups say unscrupulous dealers are taking advantage of a growing fear among seniors that they will run out of money in their final years of life. That’s in large part because many seniors have parked their cash in safe investments, such as government bonds, where returns have barely kept pace with inflation. As a result, their savings are stagnating as their life expectancy grows — and that is making many older Americans increasingly desperate.

In Georgia, state regulators nabbed a man last year who bilked seniors out of nearly $16 million by promising to generate high returns with investments in foreign currencies. In South Carolina, regulators are pressing charges against a former insurance agent who they say was able to scam 17 people out of more than $1 million by advertising certificates of deposit with returns of just 4 percent. A similar scheme in Virginia attracted more than $11 million from seniors hoping to beat bank interest rates that have fallen below 1 percent.”

Recently the federal consumer watchdog agency called for greater transparency in the way financial advisers market themselves to seniors.

The Consumer Financial Protection Bureau (CFPB) found that such advisers claimed more than 50 types of “senior certifications.” ….some can be obtained in a weekend. The CFPB said that more-rigorous standards for training and conduct as well as greater supervision of these advisers are needed.

“Seniors may assume that a financial adviser has their best interest at heart, when that is not necessarily the case,” said CFPB Director Richard Cordray. “If they fall prey to a scam, they may be too embarrassed or too frail to pursue legal action.”

Seniors have long been a favorite target for fraudsters. People 60 and older make up 15 percent of the population but are estimated to account for 30 percent of investment fraud victims, according to AARP.

Please take advantage of our free consultation where we will look at all of your papers, your retirement plans, Trust Accounts, Asset Protection, BEFORE YOU SIGN ANY CONTRACTS FROM A FINANCIAL ADVISER WHO SAYS THEY CAN GET YOU A HIGH RATE OF RETURN ON INVESTMENTS RIGHT NOW. Let us look at their proposals and how to protect your assets. Make sure ALL of your paperwork is in order, we recommend you do this every 5 years as laws change from time to time, and our lives change on a daily basis as well. People should at least review their documents to make sure that changed circumstances in their lives haven’t altered the efficacy of their documents and also to make sure that they still want the same distribution of the estate after their death. We are here to help you protect your assets after death as well as to advise you how to plan the retirement you want. You are never too young as a full time worker to call us for a free consultation in person either at one of our offices or in the comfort of your home, call us toll free at (866) 410-3126, Both Gary R Lieberman and Josh Eisenberg are elder law attorneys for Marin County.

Our website is California Living Trust but Gary Lieberman is the principal for the Law Offices of Gary R. Lieberman LLP in Marin County.

Follow the Law Offices of Gary R. Lieberman On Face Book on Twitter and on Linked In and see who the staff of the Law Offices of Gary R. Lieberman are following.

©Law Offices of Gary R. Lieberman, LLP
May 30, 2013
All Rights Reserved, do not reproduce in whole or in part without the express written consent of this site.

*The foregoing report is designed solely for the purpose of providing very general and limited information on the subject matters. Readers should have their estate planning documents reviewed to determine their legal sufficiency and whether they need to be amended or replaced

Baby Boomers still in work force

Study: Baby Boomers Are Not Stealing Younger Workers’ Jobs

Older workers take up a lot of jobs, but not necessarily at the expense of younger workers.

In an article By Danielle Kurtzleben of US News highlighted a paper from the Pew Charitable Trusts’ Economic Mobility Project showing that, though younger workers may be hurting right now from the economic downturn, over the longer term, they tend to gain jobs alongside older workers. From 1977 to 2011, the report finds, a one-percentage-point increase in employment among workers age 55-64 was associated with a 0.2-percentage point increase in the employment rate for 25- to 54-year-olds, and a 0.21-percentage point increase for workers age 20-24.

Understanding exactly why different age groups gain jobs together is difficult, says Erin Currier, Pew project manager, but she believes it may simply be that an improving job market boosts everyone.

“If the job market is positive, the economy can clearly expand for a whole host of different kinds of workers,” she says.

More older workers in the workforce isn’t just associated with a bump in the number of younger workers. The Pew data also show that a one-percentage-point increase in employment for workers age 55 to 64 is also associated with increases in hours worked for younger workers, as well as small declines in those workers’ unemployment rates—by 0.1 percentage point for workers age 20 to 24 and by 0.05 percentage points for workers age 25 to 54.

The data help to discredit the so-called “lump-of-labor” theory: the idea that there is a fixed amount of work in the labor market. Many economists view the idea with skepticism—it is often referred to as the “lump-of-labor fallacy.” However, the current recovery, in which many boomers are delaying retirement, has at times raised the question of whether younger workers just might be better off with fewer of these old folks taking up all the desks. The Census Bureau defines the Baby Boom as the period between mid-1946 and 1964, making boomers around 48 to 66 years old this year, meaning that retirement is a big decision facing many of these older workers.

Numbers from the Labor Department do show that older workers are growing as a share of the workforce, while other groups stagnate and even decline. In August 2007, workers age 20 to 24 made up 9.5 percent of all workers age 16 and older. That figure changed little over the last five years, standing at 9.2 percent as of August. People age 25 to 54 have also declined slightly, from nearly 69 percent five years ago to 66.2 percent now. Meanwhile, the share has grown for workers 55 and over, from 17.8 percent in August 2007 to 21.5 percent now.

But there are flaws in thinking that older Americans are taking jobs away from younger workers. Older workers, Currier points out, tend to have jobs that require more experience and knowledge than their younger peers have.

Even if there were a mass exodus of boomers from the job market, then, it wouldn’t make for a seamless transition to a younger workforce. In fact, it could require a rebalancing of workers as younger workers gain more skills. Aside from being more experienced, older workers tend to be in different professions than their younger peers. Workers over 55 are more heavily concentrated in manufacturing and education and health services, while younger workers work in leisure and hospitality—think hotels and restaurants—more often than their parents’ generation. All of which means that as baby boomer retirement increases in coming years, younger generations are going to have to make sure they have the skills to take over.

Baby boomers, as well as younger workers, have a LOT of decisions to make about their future and retirement, we can help you makes those decisions!

Please take advantage of our free consultation where we will look at all of your papers, your retirement plans, Trust Accounts, Asset Protection, where you want your estate to go, who you want as Executors and how to protect many of your assets from even going through the probate procedures. For a free consultation in person either at one of our offices or in the comfort of your home, call us toll free at (866) 410-3126, Gary R Lieberman is an elder law attorney for Marin County and Josh Eisenberg is an elder law attorney for Marin County. Both Gary R Lieberman and Josh Eisenberg are members of the National Academy of Elder Law Attorneys.

Follow the Law Offices of Gary R. Lieberman On Face Book on Twitter and on Linked In and see who the staff of the Law Offices of Gary R. Lieberman are following.

©Law Offices of Gary R. Lieberman, LLP
May 6, 2013
All Rights Reserved, do not reproduce in whole or in part without the express written consent of this site.

*The foregoing report is designed solely for the purpose of providing very general and limited information on the subject matters. Readers should have their estate planning documents reviewed to determine their legal sufficiency and whether they need to be amended or replaced

Yahoo! Finance/Richard Perry/The New York Times - Mr. Blum's home on Staten Island, where he built and sold hundreds of other houses.

A Cautionary Tale When you Leave Millions and the State Gets It!

This is best summed by a statement that is part of an article by the New York Times

“He was a very smart man but he died like an idiot,” said Paul Skurka, a fellow Holocaust survivor who befriended Mr. Blum after doing carpentry work for him in the 1970s.

When Roman Blum died last year at age 97, his body lingered in the Staten Island University Hospital morgue for four days, until a rabbi at the hospital was able to track down his lawyer.

Mr. Blum, a Holocaust survivor and real estate developer, left behind no heirs and no surviving family members — his former wife died in 1992 and the couple was childless.

But perhaps the greatest mystery surrounding Mr. Blum is why a successful developer, who built hundreds of houses around Staten Island and left behind an estate valued at almost $40 million, would die without a will. That is no small matter, as his is the largest unclaimed estate in New York State history, according to the state comptroller’s office.

Gary D. Gotlin, the public administrator handling the case, sold Mr. Blum’s home on Staten Island, auctioned off his jewelry and his furniture and is putting other properties that he owned on the market. Mr. Gotlin’s office, which is overseen by Surrogate’s Court in Richmond County, is also using Mr. Blum’s estate to pay his taxes, conduct an in-depth search for a will and hire a genealogist to search for relatives. If none are identified, the money will pass into the state’s coffers. That, Mr. Blum’s friends said, would be a tragedy, compounding the one that befell him as a young man in Eastern Europe.

“I spoke to Roman many times before he passed away, and he knew what to do, how to name beneficiaries,” said Mason D. Corn, his accountant and friend for 30 years. “Two weeks before he died, I had finally gotten him to sit down. He saw the end was coming. He was becoming mentally feeble. We agreed. I had to go away, and so he told me, ‘O.K., when you come back I will do it.’ But by then it was too late. We came this close, but we missed the boat.”

Roman Blum was, by all accounts, an emotional man with a large personality. Six feet tall and handsome, he was a ladies’ man, a gambler and a drinker. He was also enterprising and tough in business.

“He had deeds on his desk piled up to the ceiling of properties he owned,” said Vincent Daino, who was Mr. Blum’s neighbor for 25 years and became his unpaid driver when the older man’s eyesight began to fail. “There were royalties from oil rigs in Alaska, money from his stocks — about once a month he would have me drive him to the bank so he could deposit $100,000 checks.”

“Every weekend was a party,” said Charles Goldgrub, the child of survivors and Mr. Blum’s godson, who also grew up in Queens. “They had survived Hitler so they thought they would live forever.”

On weekends, the survivors would often gather to play high-stakes poker and drink plum brandy. They rarely discussed their wartime experiences, but sometimes, as a group and tipsy, they would grow emotional. Mr. Blum’s favorite tune was the 1968 single by Mary Hopkin, “Those Were The Days,” recalled Michael Pomeranc, a hotelier who grew up in Forest Hills and whose parents, also survivors, were close to the Blums. “He was always singing that song, and especially if he’d had a bit to drink, he’d try to get everyone to join in with the lyrics,” Mr. Pomeranc said.

Many of the men started businesses together, the majority becoming home builders and hotel developers. They referred to themselves as griners, a Yiddish term meaning greenhorn or newcomer. “They were known as the griner builders,” said Robert Fishler, a Staten Island real estate lawyer who represented Mr. Blum for nearly three decades.

Then, in 1964, the Verrazano-Narrows Bridge opened, linking Brooklyn and Staten Island, and many in the group, including Mr. Blum, began buying land on Staten Island. Prices were low, and Mr. Blum began developing land and building homes in neighborhoods like Eltingville, Huguenot and Manor Heights.

“Everybody knew Roman. He built hundreds of homes over the years,” Bruno Betro, a broker at Volpe Realty, said. “Last time I tried to sell a piece of property for him, I’d give him an offer and he’d tell me he wanted $1 million more.”

By the 1980s, with his business thriving, Mr. Blum decided to relocate to Staten Island. He built a large brick house in the upscale neighborhood of Southeast Annadale, with four bedrooms and five bathrooms, a two-car garage and a pool.

Mrs. Blum did not want to move. “He wanted her to go live with him in his big house with a swimming pool, but she loved the city,” said the friend who wished to be unidentified. “All her friends were there, and with his lifestyle, if she went with him, she knew she would be alone a lot.” Mrs. Blum stayed in Queens and Mr. Blum moved into the new house.

The Blums eventually divorced, and Mr. Blum lived the life of a bachelor. There were women and lots of poolside parties. “Every Sunday we would swim in the pool, drink and eat — he’d like to make steaks this thick on the grill,” said his friend, holding his fingers five inches apart.

Mr. Goldgrub, Mr. Blum’s godson, saw Mr. Blum for the last time at the bar mitzvah of his son in 1995. Mr. Blum was furious that he was not asked to light a candle for the boy, an honor, and told Mr. Goldgrub’s father he was taking his godson out of his will.

But Mr. Blum’s business on Staten Island was growing. Known as shrewd and hard driving, he could often be found early in the morning, cup of coffee in hand, sitting in the garage of one of his model homes, displaying sample materials and giving prospective buyers the hard sell.

Months before he died, Mr. Blum fell down the stairs of his home and broke his leg, lying on the floor for four hours before a cleaning woman found him, according to Mr. Daino. It was Mr. Daino who took him to the hospital and who eventually signed him out.

“He had no one else, I was the only person he had,” Mr. Daino said. The leg never fully healed, and Mr. Blum, who remained at home in a hospital bed with 24-hour care, died in early January 2012.

After the hospital rabbi found his body in the morgue, he notified Mr. Fishler, the lawyer, who then notified Mr. Blum’s old friends from Queens. To the surprise of many, Mr. Blum had bought a cemetery plot next to his former wife’s. He was buried there.

“It is a heartbreaking story, a tragedy,” said Mr. Pomeranc, who was one of the few people who attended Mr. Blum’s funeral. “I spoke with him three days before he died. We were going to get the whole group together and take a ride out to see him that weekend. But it didn’t happen, and then the next week he passed away.”

None of Mr. Blum’s friends know why he never wrote a will. Those close to him say it may have been superstition or, after coming so close to dying during the war, a refusal to contemplate his own mortality. He may also have been unwilling to share the full details of his estate with a lawyer, the desire for secrecy a holdover from his experiences during the war.

Had the Blums had children, the estate would have gone to them, even without a will. While Mrs. Blum, as his former wife, would not have been eligible — only a current spouse or a blood relative can claim an inheritance in the absence of a will — his friends hope that Mr. Blum had siblings back in Poland with whom he was not in contact or that, if he had had a child before the war, some distant relations are still living in Europe.

“It wouldn’t be that uncommon to uncover collateral heirs,” said Burt Neuborne, the civil liberties defender who was the lead counsel in recent Holocaust litigation against Swiss banks. “We often found that someone, like a third cousin twice removed, would come forward.”

Yet despite a worldwide search that included Poland and Israel, Mr. Gotlin said, “to date, there is no evidence of any living relatives.”

Mr. Gotlin continues to work on liquidating Mr. Blum’s estate. According to people familiar with his accounts, Mr. Blum had about $4 million in cash in his checking account. His house was put on the market for $729,000 and is now in contract, and an eight-acre parcel he owned on Forest Avenue, worth about $4.5 million, is also in contract. A safe deposit box had more than 70 $100 bills, coins from Canada and South Africa, and gold jewelry including a watch, a bracelet, cuff links, several necklaces and a ring.

Mr. Blum’s few remaining personal items, including photographs and a book on the Holocaust, have been put in a box in the basement of the public administrator, where they will remain sealed unless claimed by a blood relative.

Once Mr. Gotlin completes liquidating the assets, and if investigators fail to find a will or surviving kin, whatever money is remaining from Mr. Blum’s estate will be passed to the city’s Department of Finance. If, after three years, no one comes forward, the money would go to the state comptroller’s office of unclaimed funds, which has $12 billion in its accounts dating to 1943. That office keeps a portion of the estate and transfers a portion to the state’s general fund. If an heir comes forward, the entire amount is returned.

The last time his old friend from Zeilsheim saw him, the man pushed Mr. Blum to discuss the topic of a will. “I told him, ‘Look, I know you don’t want to talk about it, but’ — and he was already a little bit drunk — I said, ‘You have to do something,’ ” the friend said. “And he told me, he said, ‘I promise you, if anything happens to me, you are going to be proud. You’ll be proud of me.’ ”

The friend still clings to hope. “I believe a will is written,” the friend said. “Somewhere there is a plan: he made arrangements to use the money to build a home for children and to dedicate it to his child from before the war. I am sure of it.”

We all have superstitions and fears of dying, but to not face that eventuality you take the risk of your money going to no one, helping no charities and making the state you reside in richer.

Please take advantage of our free consultation where we will look at all of your papers, where you want your estate to go, who you want as Executors and how to protect many of your assets from even going through the probate procedures. For a free consultation in person either at one of our offices or in the comfort of your home, call us toll free at (866) 410-3126, Gary R Lieberman is an elder law attorney for Marin County and Josh Eisenberg is an elder law attorney for Marin County. Both Gary R Lieberman and Josh Eisenberg are members of the National Academy of Elder Law Attorneys.

Follow the Law Offices of Gary R. Lieberman On Face Book on Twitter and on Linked In and see who the staff of the Law Offices of Gary R. Lieberman are following.

©Law Offices of Gary R. Lieberman, LLP
May 1, 2013
All Rights Reserved, do not reproduce in whole or in part without the express written consent of this site.

*The foregoing report is designed solely for the purpose of providing very general and limited information on the subject matters. Readers should have their estate planning documents reviewed to determine their legal sufficiency and whether they need to be amended or replaced

Radiation Exposure Compensation Act (RECA) in 1990 to compensate individuals who contracted one of 27 medical conditions presumptively related to radiation exposure during atmospheric nuclear testing

COMPENSATION AVAILABLE TO “ATOMIC VETS”

In the recent Veterans Advocates Group of America’s newsletter an article by our own Josh Eisenberg was highlighted.

Here is the article for you to read regarding veterans benefits you are your loved ones might be entitled:

During the period from 1945-1963, the United States government was preparing itself for an Atomic War, and in an effort to prove to soldiers that they could handle a nuclear battlefield, our government deliberately exposed hundreds of thousands of soldiers, to intense amounts of radiation over the course of hundreds of atmospheric nuclear weapons tests performed at test sites in Nevada and New Mexico. While the tests served the joint purpose of testing nuclear weapons and determining the effect of radiation exposure on soldiers, the unintended consequences of these tests resulted in radiation exposure to civilians living downwind of the testing sites as well as adverse consequences to those working in uranium mining and processing that was necessary to produce nuclear weapons. This exposure to radiation did not have immediate adverse health effects on most soldiers who participated in these exercises, but three decades later, the exposure to radiation produced an increased rate of certain life-threatening conditions, including several types of cancer.

In response to class action lawsuits filed by uranium mine workers who were critical to the development and production of nuclear weapons, Congress enacted the Radiation Exposure Compensation Act (RECA) in 1990 to compensate individuals who contracted one of 27 medical conditions presumptively related to radiation exposure during atmospheric nuclear testing.

1. While the government recognizes that monetary reparation does not completely compensate for burdens imposed on certain individuals, RECA does establish lump sum compensation in the amount of $75,000 for Veterans who were “onsite participants” at any of the atmospheric nuclear test sites, $100,000 for uranium miners, millers, and ore transporters, and $50,000 for individuals living downwind of the Nevada Test Site, including those living in certain counties in the states of Utah, Nevada, and Arizona.

While some Veterans have experienced difficulty proving that they were near radiation because of classified, inaccurate or lost records, as of January 30, 2013, 26,735 claims have been approved under the act, establishing a total compensation of $1,770,993,374.

2. Pursuant to the legislation, the RECA Trust Fund is currently scheduled to automatically sunset in 2022.

3. To establish eligibility, the Department of Veterans Affairs requires proof of service within the applicable dates and proof of a compensable disease list, which can be demonstrated by the submission of medical evidence. The Veterans or survivors of Veterans must also provide evidence from service records that they were exposed to radiation at one of the four sites where atmospheric nuclear testing was performed, at any designated location in a government installation where equipment used in an atmospheric detonation was decontaminated, or at any designated location used for the purpose of monitoring fallout of an atmospheric nuclear test conducted at the Nevada Test Site. If a Veteran or the survivor of a Veteran can establish eligibility by meeting the above criteria, he/she is eligible for a compensation award of $75,000. Given the numerous soldiers, sailors, and Marines who took part in atomic battlefield exercises, there are still potentially hundreds of thousands of eligible Veterans, former uranium workers, and civilian “downwinders” who are entitled to radiation exposure compensation through the Radiation Exposure Compensation Act of 1990.

Please contact this office for more information regarding the Radiation Exposure Compensation Act and whether you may be entitled to compensation.

©Joshua Eisenberg, Esq.
VA Accredited Attorney
Law Offices of Gary R. Lieberman, LLP
(415) 897-2226
jeisenberg@calivingtrust.com

For a free consultation in person either at one of our offices or in the comfort of your home, call us toll free at (866) 410-3126.

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©Law Offices of Gary R. Lieberman, LLP
April 27, 2013
All Rights Reserved, do not reproduce in whole or in part without the express written consent of this site.

*The foregoing report is designed solely for the purpose of providing very general and limited information on the subject matters. Readers should have their estate planning documents reviewed to determine their legal sufficiency and whether they need to be amended or replaced

1 http://www.justice.gov/civil/common/reca.html

2 http://www.justice.gov/civil/omp/omi/Tre_SysClaimsToDateSum.pdf
3 GAO-07-1037R Radiation Exposure Compensation.

Our Eagle and American Flag under which so many have served and died for our freedoms

Facing the atomic bomb: A nuclear veteran remembers

Army Corporal Jerald Kendrick was 23 years old the first time he watched an atomic bomb explode. The light was so bright, he says, “you could see all the bones in your arms.” During the height of the Cold War, the United States conducted 210 atmospheric nuclear tests. What’s often forgotten today are the thousands of soldiers and Marines who performed various duties during the blasts, including charging the mushroom cloud.

Veterans who were involved in the tests, individuals who worked in the mines, and people downwind of the tests in the four corners region (“downwinders”) are entitled to automatic benefits up to $75K from the Veteran Administration if they have the evidence to prove that they fit one of these categories.

Please take advantage of our free consultation where we will look at all of your situation, and if you qualify we will help you. For a free consultation in person either at one of our offices or in the comfort of your home, call us toll free at (866) 410-3126, Gary R Lieberman is an elder law attorney for Marin County and Josh Eisenberg is an elder law attorney for Marin County. Both Gary R Lieberman and Josh Eisenberg are members of the National Academy of Elder Law Attorneys.

Follow the Law Offices of Gary R. Lieberman On Face Book on Twitter and on Linked In and see who the staff of the Law Offices of Gary R. Lieberman are following.

©Law Offices of Gary R. Lieberman, LLP
April 26, 2013
All Rights Reserved, do not reproduce in whole or in part without the express written consent of this site.

*The foregoing report is designed solely for the purpose of providing very general and limited information on the subject matters. Readers should have their estate planning documents reviewed to determine their legal sufficiency and whether they need to be amended or replaced