Surprenant & Beneski

S & B Recommends - ArtWorks!

  Located at 384 Acushnet Avenue in beautiful downtown New Bedford, ArtWorks! is non profit group where you can learn to create, and grow artistically. ArtWorks! supports the community through educational partnerships, classes, exhibitions, and outreach programming.  ArtWorks! wants you to become EXCITED about art!  They host a number of ever-changing artists, distinguished speakers, and highly-motivated educators.  ArtWorks has a committed staff made up of college and high school interns, community members and dedicated volunteers.  You put this all together and you have a community arts center like no other in New Bedford! The programs that ArtWorks! has developed are for kids, teens, adults, seniors, veterans and special needs adults.  They offer a wide array of art on many different levels using very different mediums such as pottery, painting,  art history of the city, drawing cartoons, filming, acting, off site murals within the city and so much more!  They even offer classes over school vacations and can host birthday parties. Be sure to check them out on the web at www.artworksforyou.org. Their office hours are open Monday - Friday 9a-5p and the gallery is open from Tuesday - Saturday 12Noon-5pm.

Recipe of the Week - Crispy Crab Nuggets

Ingredients:

• 1 pound fresh crab meat
• 3 slices of white bread, crust removed or packaged bread crumbs
• 1 egg beaten
• 1 tablespoon mayonnaise
• 1 teaspoon Dijon mustard
• 1 teaspoon Worcestershire sauce
• 1 tablespoon Old Bay Seasoning
• 1 tablespoon parsley

Directions:

1. Put breadcrumbs in food processor so they are chopped up fine (to save time).
2. In a large bowl, mix together egg, mayonnaise, mustard, Worcestershire sauce, parsley, and Old Bay seasoning.
3. Add breadcrumbs and crab meat and mix by hand to avoid breaking up too many of the lumps. You may need to break up the very large lumps however so the crab balls will stay together.
4. Shape into 24 balls and fry in batches in hot oil until golden brown, turning once. Drain on paper towels.
5. Serve with your favorite sauce (optional)

Q & A Series: " What if the Bank won ' t accept the Power of Attorney? "

By Atty. Brandon C. Walecka, Esq., LL.M. Q&A Series is a collection of frequently asked questions that we often hear from clients.  It provides brief answers to many common questions about estate planning, Medicaid planning, special needs planning and other elder law issues.  Interested in learning more?  Search "Q&A". What if the bank won't accept the power of attorney? Sometimes we get a call from a client who says, "I'm at the bank and they won't accept my mother's power of attorney.  What can be done?" First, what is a Durable Power of Attorney (DPOA)?  This is a legal document in which you designate who you want to make legal and financial decisions for you if you cannot make them for yourself.  For example, who will pay your bills or withdraw funds from your bank accounts if you cannot do it for yourself?  "Durable" means that the power of attorney will survive the incapacity of the principal (the person who created the power of attorney). Even a validly executed DPOA can be rejected or called into question by a third party.  Banks, brokerage firms, insurance companies, and other financial institutions sometimes raise objections when presented with a DPOA by the named agent (e.g. your spouse or child).  The institution may demand proof that the DPOA is still valid or complain that the power of attorney is "stale".  When a financial institution says a DPOA is stale, they are claiming that it was executed too long ago and the bank questions whether it is still your intent for the agent to act on your behalf.  In some situations, you may need to decide whether it is worth fighting them over this. If you have a DPOA from our firm, our document explicitly addresses the issue of "staleness" by stating in the document that "This power of attorney is not affected by the passage of time."  Additionally, Massachusetts law states, "the power [of the agent] is exercisable notwithstanding the lapse of time since the execution of the instrument."  Also, our DPOA states that third parties (banks or financial institutions) may rely upon the representations of the attorney-in-fact that he or she has the authority to act.  This is further supported by Massachusetts law which gives the agent authority to prosecute legal action for damages in the event of an unreasonable refusal of the bank to honor the authority of a valid durable power of attorney.  This should ensure that when you need your agent to act on your behalf, he or she will be able to. What does this mean for you? Do you want to  have piece of mind that your basic estate planning documents, which include your DPOA, will work when you need them?  Changes happen and we want to make sure your estate plan continues to do what you intended it to do. Reviewing your estate plan will give you peace of mind. That is why at Surprenant & Beneski, P.C., if you are a client of ours, every three years, we invite you back in for a FREE Three-Year Review. At the thirty minute meeting, our elder law attorneys will review your existing documents, suggest new or updated documents (if necessary), address changes in your life, and help to ensure that what you have in place will work when it needs to in the future. Reviewing your estate plan will not only give you peace of mind, but it will also alert you to any law changes that have happened since you established the documents. Estate planning is sometimes affected by changes at the state and federal level. If you are a client and you think it has been some time since you have reviewed your estate plan, consider calling Surprenant & Beneski, P.C. to see if you are entitled to your free thirty minute review with one of our elder law attorneys today. ©Surprenant & Beneski, P.C. 35 Arnold Street, New Bedford, MA 02740, 336 South Street,   Hyannis MA 02601 and 1265 Belmont Street, Suite 2, Brockton, MA 02301.  This article is for illustration purposes only.  This handout does not constitute legal advice.  There is no attorney/client relationship created with Surprenant & Beneski, P.C. by this article.  Do Not make decisions based upon information in this handout.  Every family is unique and legal advice can only be given after an individual consultation with an elder law attorney.  Any decisions made without proper legal advice may cause significant legal and financial problems.

Recipe of the Week - Chocolate Chip Muffins

Ingredients:

• 2 cups all-purpose flour
• 1½ teaspoons baking powder
• ½ teaspoon salt
• ½ cup (1 stick) unsalted butter, room temperature
• 1 cup granulated sugar
• 2 large eggs
• 2 teaspoons pure vanilla extract
• ½ cup milk
• 1 cup chocolate chips

Instructions

1. Preheat oven to 375º F. Spray mini-muffin tin with bakers spray or coat well with butter and flour, making sure to discard any excess flour from the tins after coating.
2. Sift together flour, baking powder, and salt in a medium bowl. Set aside.
3. Cream together butter and sugar until lightened in color, about 3 minutes. Add an egg, one at a time, taking care to fully incorporate before adding the other. Mix in vanilla.
4. Gently fold in flour mixture, alternating with milk. Stir until just combined. Fold in chocolate chips and scoop mixture into prepared mini muffin tin, filling about ⅔ to ¾ full. Bake until a toothpick or skewer inserted in the middle comes out clean, about 15 minutes.
5. Once muffins have baked, remove from the oven and allow to cool slightly in the muffin tin before removing for serving.

S & B Recommends - Brunch at Independence Harbor

I know that it may seem too early for me recommending something for Mother's Day but trust me,  you can never plan early enough! What is it about serving Mom's breakfast on Mother's Day?  In years past, I have even had breakfast served to me in bed by my four little angels.  Meanwhile, my poor husband was wearing a hazmat suit as he cleaned up their aftermath.  We laugh about it now and it makes for a great story, but if you really, really want to make brownie points with your wife or with your mother, take them out for a breakfast brunch buffet at the Independence Harbor in Assonet, MA. I know that people traditionally think of Independence Harbor as a wedding venue, but the facility is also open once a month for a breakfast buffet.  All what you have to do is call and make a reservation.  Independence Harbor does the rest.  And they do it very well.  When we went last year there we several entrees including roast beef, pork loin and shrimp scampi.  They also served more traditional breakfast foods such as scrambled eggs, french toast, bacon and sausages. Have a vegetarian in your family? No problem!  They also served fruit salad, green salad, pasta salad and roast vegetables. And just in case, you are still hungry or have managed to save some room, they also serve baked breads, muffins and pastries. Reservations are necessary and proper dress is required.  Independence Harbor seat guests from 9:30 am until 1:00pm.  For adults the cost is $21.95, children under 10 years old it is $14.95 and for children under 3, the cost is free. Gratuities are not included. They are located on 10 Narrows Road in Assonet and they can be reached by calling them at (508) 644-2225 or 1-800-287-8300.  Be sure to visit them on the web by clicking here!  You can also follow them on Facebook by clicking here! Also, if you want to work off some of those extra calories that you consumed, I recommend that you take a stroll around the grounds because they are absolutely exquisite and a feast for the eyes!  

Do I Need a Retirement Plan Trust? by Atty. Michelle D. Beneski, Esq., LL.M, CELA

It has become common to see retirement assets as a major portion of a person’s estate. A retirement asset refers to an account in which the money is growing income tax free and is income taxable when the money is distributed from the account. The funds in these accounts are often referred to as “Qualified” money. Examples of this type of account include I.R.A.s, 401k, 403b etc. Because retirement accounts can be such a big portion of a person’s estate there may be times when it makes sense to make a trust the beneficiary of a retirement account. The Internal Revenue Service (IRS) has very strict rules regarding a trust being a beneficiary of a retirement account. If the trust is not properly drafted there can be some very bad income tax consequences. Therefore, never leave retirement assets to a trust without first consulting a tax attorney. A Retirement Plan Trust does not affect your use of your retirement asset during your lifetime. As explained below, the purpose of the Trust is asset protection and proper management of the retirement asset after your death. This trust is completely revocable and amendable during your lifetime. Under the IRS rules, non-spouses who inherit an IRA can take the money out over their life expectancy according to an IRS Table. This is called a “stretch-out.” If the beneficiary of the IRA is young, the amount taken out every year (called the Required Minimum Distribution or RMD) will be quite small at first. This is good because the money that stays within the IRA will continue to grow income tax free. Frequently, the amount of income generated on an account is greater than the amount paid out to the beneficiary. This means that your IRA balance will continue to grow even after your death. Income taxes are also minimized by taking the money out of the IRA slowly over time. Unfortunately, many beneficiaries do not understand the benefits of leaving money inside the IRA after inheriting it,. Some beneficiaries inadvertently take the money out prematurely because of bad advice, inattention, or lack of education. We call this “blowing the stretch-out.” Additionally, for disabled children, inheriting an IRA directly can cause them to lose valuable government benefits such as SSI and Medicaid. Lastly, an inherited IRA is, from a practical standpoint, a valuable asset in a divorce. Your child’s soon-to-be-ex-spouse is going to want the inherited IRA for the same reason your child wants it. The money in the IRA can grow tax free for many years making it much more valuable than other assets. While a court may not grant the IRA to an ex-spouse in a divorce trial, most divorces are settled by the parties prior to trial and the inherited IRA is usually part of that discussion. A Retirement Plan Trust solves these problems. It ensures that your beneficiary does not inadvertently “blow the stretch-out” by placing restrictions on the withdrawal of funds from the inherited IRA. The Retirement Plan Trust can be set up to ensure a special needs child maintains important government benefits. An IRA inherited through a Retirement Plan Trust that has an independent Trustee is much better protected from your beneficiaries’ potential creditors than an IRA inherited directly. Are you an existing client who has a retirement plan trust? If so, we think it is especially important that you come in to have your beneficiary designation forms reviewed (even if completed for you by the firm) as there have been several developments in the law. A review can help to ensure that what you have in place will work as you planned after you are gone. As you can see a Retirement Plan Trust is a sophisticated and complicated planning tool. It may not be the right tool for your family. An experienced elder law attorney can help you and your family figure out the best way to reach your goal. If you are interested in learning more retirement plan trusts please go to our web site www.MyFamilyEstatePlanning.com for many informative articles. You can also call our office for a consultation at 508-994-5200. This article is for general informational purposes only and does not constitute legal advice. For specific questions you should consult a qualified attorney. This article was written by Attorney Michelle D. Beneski of Surprenant & Beneski, P.C.   ©Surprenant & Beneski, P.C. 35 Arnold Street, New Bedford, MA 02740, 336 South Street, Hyannis MA 02601 and 1265 Belmont Street, Suite 2, Brockton, MA 02301. This article is for illustration purposes only. This handout does not constitute legal advice. There is no attorney/client relationship created with Surprenant & Beneski, P.C. by this article. DO NOT make decisions based upon information in this handout. Every family is unique and legal advice can only be given after an individual consultation with an elder law attorney. Any decisions made without proper legal advice may cause significant legal and financial problems.

Recipe of the Week - Fresh Strawberry Cake

Ingredients for the cake:

• 1 1/2 cups cake flour
• 1 1/2 cups all purpose flour
• 1 3/4 cups sugar
• 2 1/2 teaspoons baking powder
• 1 teaspoon salt
• 1 cup butter, cold, cut into small cubes
• 4 eggs
• 3/4 cup milk
• 3/4 cup strawberry puree (from about 1 1/2 cups strawberries)
• 2 teaspoons vanilla

Directions for the cake:

1. Preheat oven to 350.
2. Butter and flour two 8 inch cake pans.
3. In a large bowl or the bowl of a stand mixer, combine the cake flour, all purpose flour, sugar, baking powder, and salt. Cut in the butter until the mixture resembles coarse crumbs.
4. Beat in the eggs one at a time. In a measuring cup, combine the milk, strawberry puree, and vanilla.
5. Add half of the milk mixture to the flour mixture, and mix to combine. Add the other half of the milk mixture and mix until smooth.
6. Divide between the prepared pans and bake 30-35 minutes, or until a toothpick inserted into the center comes out clean.
7. Let cool completely before frosting.

  Ingredients for the frosting:

• 2 sticks butter, softened
• pinch of salt
• 3 1/2 cups powdered sugar
• 1/2 teaspoon vanilla extract
• 3 tablespoons strawberry puree (from about 1/2 cup strawberries)

Directions for the frosting:

1. Beat the butter until light and fluffy.
2. Add the salt, powdered sugar, and vanilla, and mix to combine.
3. Add the strawberry puree and beat until light and fluffy. Frost cake.

S & B Recommends - Coastline Elderly Services

  Coastline Elderly Services is a private, non-profit corporation dedicated to helping senior citizens in our region to lead fulfilling and independent lives.  Coastline's area includes: Acushnet, Dartmouth, Fairhaven, Gosnold, Marion, Mattapoisett, New Bedford, and Rochester.  With a database of information at their finger tips, Coastline's trained professionals can help older adults connect with services that will meet their needs.  The services that they have to offer include: home care, health insurance counseling, prescription advantage, personal care attendant program, coordination of long term care, protective services for elders at risk, fuel assistance, congregate housing, ombudsman program, caregiver services, elderly nutrition program, priority meals program, private care management, benefits checkup, money management program, supportive living program, rights to continued telephone service and project access.  They really are a tireless group of people that are dedicated to improving the quality of lives for our seniors.  If you need help or know of a senior who could benefit from their services, please contact Coastline Elderly Services at 508-999-6400, toll free 1-866-274-1643  or TDD 508-994-4265 TDD.  They are open 8a-5p Monday through Friday and are located at 1646 Purchase Street in New Bedford, Ma.  You can also visit them on the web, at http://coastlineelderly.org/

How Parents Can Provide for a Caregiver Child

Taking care of a parent can be a full-time job. Children may have to give up paying jobs in order to provide care to aging parents. Unfortunately, caregiving is usually unpaid work. Parents who want to compensate a child who takes on the burden of caregiving may do so in one of several ways.

• Caregiver Agreements. Caregiver agreements are an increasingly popular way to ensure a caregiver child is compensated for the child's work. A caregiver agreement (also called a personal care contract) is a contract between a parent and a child (or other family member) in which the parent agrees to reimburse the child for caring for the parent. These agreements have many benefits. They provide a way to reward the family member doing the work. They can help alleviate tension between family members by making sure caregiving is fairly compensated. In addition, they can be a be a key part of Medicaid planning, helping to spend down savings so that the parent might more easily be able to qualify for Medicaid long-term care coverage, if necessary. The downside to caregiver agreements is that the income is taxable. For more information on caregiver agreements, click here. Note that such agreements should not be drawn up without the help of a qualified elder law attorney.

• Estate Plan. A parent can leave a caregiver child an additional amount in the parent's will or trust. The problem with this method of compensation is that it can lead to conflict between siblings or other family members. If a parent chooses to go this route, it is important that the parent explain his or her reasoning to any other children or family members that might be upset. Communication between the family members can prevent problems later. In addition, to avoid any appearance of undue influence, the parent should not involve the child in drafting the estate plan. For more information on preventing a will contest, click here.

• House. If a parent doesn't have cash to compensate a child, the parent may transfer the parent's house to the caregiver child. The parent can transfer the house outright and retain a life estate for him- or herself or the parent could make the child a co-owner of the house. If the caregiver child has lived with the parent for at least two years, transferring a house can have Medicaid planning advantages as well. However, transferring a house can have serious tax and other consequences, so before taking this step it is important to consult with an elder law attorney.

• Life Insurance Policy. Another option for compensating a caregiver is to take out a life insurance policy in the child's name. The benefit of this method is that the life insurance policy will go directly to the child, avoiding probate, but the problem is the life insurance policy could be very expensive.

Article provided by Elder Law Answers.  Used with Permission. ©Surprenant & Beneski, P.C. 35 Arnold Street, New Bedford, MA 02740, 336 South Street, Hyannis MA 02601 and 1265 Belmont Street, Suite 2, Brockton, MA 02301. This article is for illustration purposes only. This handout does not constitute legal advice. There is no attorney/client relationship created with Surprenant & Beneski, P.C. by this article. DO NOT make decisions based upon information in this handout. Every family is unique and legal advice can only be given after an individual consultation with an elder law attorney. Any decisions made without proper legal advice may cause significant legal and financial problems.

Recipe of the Week - Creamy Mozzarella Chicken with Sundried Tomatoes

Ingredients:

• 3 large garlic cloves, minced
• 1 small jar (3-4 oz) sun-dried tomatoes in oil, or use 3-4 oz fat-free sun dried tomatoes
• 1 lb chicken breast tenders
• a pinch of salt
• a pinch of paprika
• 1 cup half and half
• 1 cup mozzarella cheese, shredded
• 8 oz penne pasta
• 1 tablespoon basil (if using dry basil), if using fresh basil you can add more
• 1/4 teaspoon crushed red pepper flakes
• 1/2 cup reserved cooked pasta water
• salt, to taste

Directions:

Note: if using sun-dried tomatoes in oil (in a jar), make sure to drain sun-dried tomatoes from oil, before using them. Reserve 2 tablespoons of this drained oil for sauteing as described below:

1. In a large pan, on high heat, saute garlic and sun-dried tomatoes (drained from oil) in 2 tablespoons of oil (reserved from the sun-dried tomatoes jar for 1 minute until garlic is fragrant.
2. Remove sun-dried tomatoes from the pan, leaving the oil, and add chicken tenders, salted and lightly covered in paprika and cook on high heat for 1 minute on each side. Remove from heat.
3. Cook pasta according to package instructions. Reserve some cooked pasta water. Drain and rinse the pasta with cold water.
4. Slice sun-dried tomatoes into smaller bits and add them back to the skillet with chicken.
5. Add half and half and cheese to the skillet, too, and bring to a gentle boil. Immediately reduce to simmer and cook, constantly stirring, until all cheese melts and creamy sauce forms.
6. Add cooked pasta to the skillet with the creamy sauce, and stir to combine. Add 1 tablespoon of basil, and at least 1/4 teaspoon of red pepper flakes. Stir to combine.
7. Add about 1/2 cup reserved cooked pasta water because the creamy sauce may be too thick.  Do not add all water at once because you might need less or more of it. This will water down the thickness of the cheese sauce and make it creamier.
8. Immediately, season the pasta with salt and more red pepper flakes, to taste, if needed. Let it simmer for a couple of minutes for flavors to combine.