It's legal to write your own will, but here's how it can go terribly wrong

Plenty of WV seniors call WVSLA to ask if it's legal to handwrite your own will. The short answer is yes, it is. But if the reason you are writing your own will is to make sure your estate is distributed a different way than the law would if you died without a will, making your own will is not a safe solution.

When you hire an attorney to do a will for you you are getting more than just a paper with the blanks filled in. The real value of having a lawyer starts with the questions you answer about what you really want, what you really don't want. A good attorney will not only carefully craft a personalized document to prevent what you don't want and secure what you do want, but will likely also bring up considerations that you never even thought about.

Another important role for your lawyer is to be sure the language of the will is legally effective to carry out your wishes, as well as provide for various possible circumstances that may exist at the time of your death. Legal documents generally use the same English language that we all use everyday, but often those words have a totally different legal meaning than our normal everyday usage. You can be well-educated and intelligent and know what a word or term means, but it may mean something else entirely in the context of a legal document.

Using a fill-in-the-blank legal form can be just as dangerous as handwriting your will for many of the same reasons. Check out this case in Florida, as reported in the ABA Journal online yesterday:

Ann Aldrich used an “E-Z Legal Form” when she made out her will in 2004, a decision that proved to be a good choice for two nieces who cited the document’s lack of a residuary clause.
In a decision issued last week, the Florida Supreme Court ruled for the nieces, though they weren’t mentioned in the will. The court said money acquired by Aldrich after the will was made out should be distributed under the laws of intestacy, which govern distribution of property for those who die without a will. The reason: The E-Z form did not have a residuary clause providing for the disposition of property not listed in the document. FlascBlog: The Florida Supreme Court Blog reports on the opinion.
Concurring Justice Barbara Pariente saw the ruling as a cautionary tale. “While I appreciate that there are many individuals in this state who might have difficulty affording a lawyer,” Pariente said, “this case does remind me of the old adage ‘penny-wise and pound-foolish.’

One of the commentors on the article gave another great example, where a woman wanted her niece who played piano to inherit her piano, bench, and sheet music, but left the rest of her estate to her church. In her handwritten will she forgot the comma between "piano" and "bench" so the niece only got the bench and the music, no piano! Expensive missing comma.

HHS announces important Medicare information for people in same-sex marriages

Today, the Department of Health and Human Services (HHS) announced that the Social Security Administration (SSA) is now able to process requests for Medicare Part A and Part B Special Enrollment Periods, and reductions in Part B and premium Part A late enrollment penalties for certain eligible people in same-sex marriages. This is another step HHS is taking in response to the June 26, 2013 Supreme Court ruling in U.S. v. Windsor, which held section 3 of the Defense of Marriage Act (DOMA) unconstitutional. Because of this ruling, Medicare is no longer prevented by DOMA from recognizing same-sex marriages for determining entitlement to, or eligibility, for Medicare.

“Today’s announcement helps to clarify the effects of the Supreme Court’s decision and to ensure that all married couples are treated equally under the law,” said HHS Secretary Kathleen Sebelius. “We are working together with SSA to process these requests in a timely manner to ensure all beneficiaries, regardless of sexual orientation, are treated fairly under the law.”

While Medicare is managed by the Centers for Medicare & Medicaid Services (CMS), SSA is responsible for determining eligibility for, and enrolling people in, Medicare.

You can find additional information at http://medicare.gov/sign-up-change-plans/same-sex-marriage.html.

Congress extends QI program again

On March 31 Congress voted to extend the sunsetting Qualified Individual Medicaid Program (QI) for one more year. QI uses Medicaid funds to pay the Part B premium for Medicare beneficiaries whose incomes are between 120% and 135% of poverty and whose resources (assets) are below a certain threshold. QI is one of the Medicare Savings Programs, or benefits designed to help low-income Medicare beneficiaries cover some of their out-of-pocket costs. The Specified Low-Income Beneficiary program (SLMB) pays Medicare's Part B premium for those with incomes between 100% and 120% of poverty whose assets are below are certain threshold. The Qualified Medicare Beneficiary program (QMB) pays Medicare premiums for both Part A and Part B, as well as Medicare deductibles and copayments for people with incomes below 100% of poverty whose resources are below a certain threshold.

The Qualified Disabled Working Individual program (QDWI) pays Part A premiums for certain working Medicare beneficiaries whose incomes are below 200% poverty and whose resources fall below a certain threshold.

You can find more information about the Medicare Savings Programs at www.medicare.gov/your-medicare-costs/help-paying-costs/medicare-savings-program/medicare-savings-programs.html