Used car challenges from a new law

Buyers beware!
As of July 1, 2019, West Virginia Code sec. 46A-6-102(4) allows dealers to sell “as is” any vehicle that has more than 100,000 miles on it or is seven or more years old or is being sold for $4000 or less.
The old days of assuming that there is a warranty on the vehicle because you’re buying it from a dealer are gone.
Dealers do not need to provide any warranty at all for those older, high mileage, or low cost vehicles, and the old implied warranty of “good working order” is no longer applicable to them.
Further, West Virginia’s lemon law has not ever applied to used vehicle purchases.
This change makes a test drive and an examination by a knowledgeable mechanic more crucial in finding a car that will function well and be worth the money.
Many find that having a savvy buddy along helps to make a hard choice easier and more rational.
The new law does permit the buyer to return the vehicle for a refund within three business days by taking it back to the dealer lot. This could be hard to do if the vehicle isn’t even in running condition; you might have to pay to tow it back.
Many purchase a used car from a dealer for the convenience of multiple cars to choose from and immediate financing.
Some consumers are not aware that they pay a higher interest rate when the car dealer arranges the financing, regardless of their credit score. Dealing directly with the bank or credit union is likely to save money.
The alternative of looking for used vehicles online or arranging a private sale from someone nearby can result in paying less. No warranty will be available from those sales either, but at least the buyer is aware of that in advance. In this situation also, having a good mechanic check out the vehicle before purchase can save considerable money and frustration.

New estate closing requirement

For those handling estates, the clock is ticking.

A new law which became effective in May 2019 WV Code §44-2-19(a) requires that all estates that have been inactive for three years or more be closed by action of the County Commission.

To handle an estate, a person or financial institution representative must qualify as executor (because the decedent left a valid Last Will and Testament) or administrator (no will is available for the deceased person or there is property not covered by the will). Also, two reports about the assets and debts must be filed with the County Clerk before distributions to heirs can be made.

It turns out that sometimes a will is entered in the county courthouse records and the executor/administrator never completes all of the steps. Unfortunately, that leaves a lot of questions about what happened and can cause property ownership issues at a later time.
The new law will close the estates officially.

Around the state, County Clerks’ offices are working on having inactive estates closed.
Some County Clerks are notifying by letter all of the executors, heirs, and creditors listed in the first estate report, the appraisement, about the potential closure and deadline for further activity.
For those handling an estate that hasn’t been fully resolved and closed and there has been no activity for three years or more, it’s appropriate to find a way to resolve the open matters as soon as possible. Completing the final estate report is required by law to do that.

If an attorney or other person is handling an estate with no activity for at least three years, the new closure law is a way for known or potential heirs to urge the attorney or executor to focus more attention on it.

Many heirs wonder how much information they are to be provided while the estate is open. There is no legal requirement for doing that, but the will and any related documents are placed in the public records at the courthouse and can be viewed by anyone. Some counties also have online records, including wills and estate reports.

Going forward, estates will be subject to the same requirement to be closed by official action if there is no activity for at least three years.

If an estate has been closed, state law allows it to be reopened by the executor or administrator under appropriate circumstances.

Those working in the County Clerk’s office can answer questions about procedures and requirements but may not provide a legal opinion on a specific situation.

Medicare open enrollment 10/15/19 to 12/7/19

What is it?
Medicare open enrollment is the time you can choose and enroll in Medicare Advantage plans (optional private insurance HMO or PPO plans you can choose instead of getting your Medicare benefits through the government) and Medicare Part D Prescription Drug plans (all private insurance plans, there is no government option). Changes you make during this period take effect 1/1/2020.

Where to get help
Your county senior center can get you connected with a SHIP (State Health Insurance Assistance Program) counselor trained to assist you with Medicare open enrollment. Our state ADRN (Aging and Disability Resource Network) can also help 1-866-981-2372. Medicare's Plan Finder tool online at medicare.gov offers comparisons of Medicare Advantage and Part D prescription drug plans, or you can call 1-800-MEDICARE to get list of plans in your area and then find out from each plan directly what they offer.

Tips about Medicare open enrollment
Keep notes when you talk to anyone: when, who you spoke to, what you asked or told, what they told you in response, what next steps they said they would take, what next steps they recommended you take, etc.

Verify what anyone tells you by checking online or written materials, address conflicting info you find before making enrollment changes.

Changing plans? Enroll directly through Medicare rather than through the insurer. That increases your likelihood that Medicare will have the right plan enrollment information for you.

What's new this year:

Planfinder searches
Personalized searches require you to log into your www.mymedicare.gov account, or create one if you don't already have one. You can do a basic anonymous search by giving some personal information.

Medicare Advantage
Expanded benefits may be available with Medicare Advantage plans, including some non-medical services and services for beneficiaries with chronic conditions like nutrition services, home modification, in-home supports.

As always, Medicare Advantage plans have networks of covered doctors, hospitals, and other providers. Those networks can change providers during the year, too. Whether you are changing or staying in the same plan you may as well check to be sure your providers are covered in your 2020 plan, though that network may change later.

For those who want to leave their Medicare Advantage plan and go back to original Medicare we used to have a separate Medicare Advantage Disenrollment Period. Now instead we have Medicare Advantage Open Enrollment period Jan 1 through March 31 every year. You may make one change during this period, either leave to go back to original Medicare, or switch from one Medicare Advantage to another.

Part D Prescription Drug plans
The average premium for 2020 is $32.74, down a little from last year. The donut hole gap of coverage starts once you reach $4,020 in drug costs in 2020, and catastrophic coverage picks up after you pay out $6,350.

As always, the formularies of covered drugs change so whether you are changing or staying in the same plan check to see if your regular prescriptions are on the list and what your copays will be.

Medicare beneficiaries who get Extra Help (the Low-Income Subsidy also called LIS) can change their Part D plan once a calendar quarter.