Lawyers With Purpose

Defense of Marriage Act (DOMA) Found Unconstitutional By 5-4

Over 1,000 federal laws are affected by marital or spousal status. Estate and Elder Care attorneys are regularly asked questions about a person or a couple’s rights regarding Social Security benefits, housing, taxes, health care, domestic support, bankruptcy, Medicaid, and VA benefits. The advice by counsel usually depends, and may differ, on whether the client is married or single.

On June 26, 2013, the United States Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) violates the guarantee of equal protection as applied to the Federal Government through the Fifth Amendment of our Constitution. Specifically, DOMA defined marriage as that between one man and one woman, and defined spouse as a marriage between people of opposite sex. However, the definition as detailed in DOMA did not restrict individual states from permitting same sex marriages or civil unions.

This, herein, lies the problem. States can permit or deny marriage to same sex couples. But, when a state decides to allow same sex marriage, DOMA then prohibited those couples from enjoying the same federal benefits as other married couples within that state. The case that led to the Supreme Court case was about a lesbian couple that had been together since 1963. They got married in Canada in 2007, which the state of New York recognized as a valid marriage. When one of them died in 2009, her estate incurred an estate tax liability of over $300,000 because she and her wife could not exercise their rights under the marital deductions afforded to other married individuals.

The ruling of the Supreme Court mandates that when a state recognizes the marriage of two people of the same sex, the federal government must as well, affording all the same government benefits to the spouse. One of the complicating factors going forward will be the fact that some federal laws respect the state where the marriage occurred, while other federal laws respect the state where the married couple lives. For example, the Veterans Administration will consider the marriage valid if the state where the marriage occurred recognizes it as valid. Thus, if my partner and I got married in New York, where marriages are valid, and then moved to Georgia, where same sex marriages are not valid, my spouse should be able to receive Veterans Benefits. However, because Georgia does not recognize same sex marriages, my spouse would still not realize any housing, inheritance, or tax benefits due to our status as residents of Georgia.

Moreover, we must be aware that although the Supreme Court determined that Section 3 of DOMA is unconstitutional, it did not make a ruling as to Section 2 of DOMA. Section 2 allows states to refuse to recognize same sex marriages performed under the laws of other states. Until this provision is challenged and ruled upon by the Supreme Court, one state can continue to deny marital rights even when the couple received a valid marriage in another state.

This affects so many Americans, to include me personally. My partner and I have been together for 16 years and had a commitment ceremony in Georgia 10 years ago. In Georgia, the ceremony means nothing, legally. I was ecstatic to hear the Court’s ruling. Given Jennifer and I already have plans of spending our 10 year anniversary in New York in July this year, I immediately began planning for us to get married, legally, in New York while we are there. But, then I thought, will it have any bearing whatsoever? Not in Georgia. But, since I am a veteran, Jennifer may receive VA benefits someday. Also, like the plaintiff in United States v. Windsor, Jennifer and I may be a good “facts” case to challenge the Georgia laws, when the climate is right. For three years now, Jennifer has been a stay at home mother while I work to support us and our three year old twins. For income tax purposes, it is generally better to file as married when there is a large disparity between the two household incomes. We don’t currently get to take advantage of that. I could go on and on about the current and potential disparities the law creates due to the discriminatory differences between married couples and those not permitted to get married.

Nonetheless, JUNE 26, 2013 is a day to be remembered in history for equality. As lawyers, be prepared to answer, in your state, how the repeal of Section 3 of DOMA benefits your clients, or doesn’t. Also, you can expect Lawyers with Purpose to include these topics of discussion in our future training events.

Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, Veteran of the U.S.A.F. and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About, and co-author of Getting to Baby: Creating Your Family Faster, Easier and Less Expensive through Fertility, Adoption, or Surrogacy.

DOMA Still Prohibits VA Benefits for Majority

The Supreme Court’s decision that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional opens the door for military members and their same-sex spouses to get all the same benefits as heterosexuals who are married, regardless of where the couple lives as long as the marriage took place in a state that recognizes gay marriage.

THAT IS NOT THE CASE FOR VETERANS. VA regulations specify that the marriage to a veteran must be valid. To determine validity, the VA considers:

1. The law of the state where the couple resides;
2. Where they resided at the time of the marriage; or
3. Where they resided when the right to VA benefits arose.

The District of Columbia and ten states that sanctify same-sex marriages include: Connecticut, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Vermont and Washington. Delaware will allow them beginning July 1st and Minnesota will on August 1st. Because of the Supreme Court’s decision not to hear California’s Proposition 8 case, California gay residents can again get married. (We need some “warm” states to adopt same-sex marriage!).

Scenario One: I live in Georgia where gay marriage is not recognized and we have a state constitutional amendment specifically prohibiting it. Based on the three ways listed above as to how the VA determines a valid marriage, if I were to go to New York or any of the other states that permit gay marriage, my spouse and I would still not receive any additional veterans benefits due to our status as being married. It would not be recognized by the VA.

However, there is hope to get benefits under provision number three, “where they resided when the right to VA benefits arose” IF we later move to a state that recognizes gay marriage and then the right to VA benefits arose (i.e. I become elderly and in need of wartime pension with Aid and Attendance). The question is, does the VA get to choose which of the three options of validity apply or is it that if you meet any of the three the marriage is valid?

Scenario Two: A same-sex couple lives in Maine and gets married in Maine. They later move to Texas. Maine allows gay marriage. Thus, when the veteran or the surviving spouse, who now live in Texas, need VA benefits, either of them should be able to receive it in Texas, even though Texas does not recognize same-sex marriage.

The VA laws do specifically state that marriage is between a man and a woman, in accordance with DOMA. But, since this provision of DOMA has been deemed unconstitutional, it follows that this provision in the VA law must be unconstitutional and will need to be repealed.

The discriminatory disparity between current military members being able to get married, regardless of where they live, and still get all marriage equality rights; whereas, veterans are not able to do the same is an issue of equality sure to be litigated. Moreover, the fact that some veterans will get benefits just because they lived in the right state at the right time and others won’t because they lived in the wrong state at the wrong time, violates both the Equal Protection Clause and the Due Process Clause of the United States Constitution, and will certainly be litigated.

While the unconstitutionality of Section 3 of DOMA was a huge win for equality for gays, specifically for current military members, the victory and benefits of its repeal do not extend to all same sex couples equally. It is only a beginning of change and more is certain to come over the next few years. This will create the need for more and more attorneys to be aware of the changes and how they can best advise their clients with regard to benefits available to them.

If you are not currently an LWP member, and have considered - or are interested in discovering what we offer for asset protection, Medicaid & VA click here for information on our two day summit in Phoenix, AZ.

Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, Veteran of the U.S.A.F. and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About.

Estate Planning Conversion to Asset Protection Planning

I met with Roger 8 days ago. He is 89 years old, a veteran of WWII, and married to Sylvia. Roger has end stage lung cancer and a prognosis of less than two months to live. He is receiving in-home hospice. His wife, Sylvia, is 83 years old and has early to mid-stage Alzheimer’s Disease. She also lives at home. They each have 24/7 home health care, which costs approximately $13,000 per month. When Roger dies, Sylvia’s home health care expense will be reduced to $9,000 per month, but she will still have the expense of maintaining the home and other daily living expenses.

In 2001, Roger and Sylvia, engaged in sophisticated estate planning to minimize estate taxes and to take advantage of the marital deduction rules. Their plan consisted of a qualified personal residence trust (QPRT) and an irrevocable life insurance trust (ILIT), with basic wills and powers of attorney. Due to the rise in the estate tax exemption, these sophisticated tools are no longer necessary because their taxable estate is under the $10,000,000+ limit for a married couple, and even under the $5,000,000+ limit for a single person. However, they do have assets of about $600,000 that are not in either of the trusts, and which are not protected from long-term care costs.

Since Roger is a wartime veteran, his widowed spouse, which will be Sylvia, may be eligible for a widow’s death pension, commonly referred to as Aid and Attendance. But, their assets must be below certain limits. Moreover, should Sylvia’s physical needs exceed that which can be provided at home and she later moves to a nursing home, she may benefit from qualifying for Medicaid.

When we know with reasonable certainty that one spouse may die sooner than the other, and the death is relatively imminent, we have the perfect situation for asset protection planning for the survivor. In Roger and Sylvia’s situation, we want to protect the extra $600,000 upon Roger’s death so that Sylvia can immediately qualify for VA benefits or Medicaid benefits without unnecessary spend down or penalty from making lifetime gifts.

To do so, we must put all of the assets into Roger’s name. Then, Roger can create living trusts that will pass the property upon his death into special needs trusts for Sylvia, and also trusts for his child and grandchildren. Transfers upon death do not trigger a look-back penalty for Medicaid. And, assets maintained in a third party special needs trust are protected as well.

We do not intend for Roger to gain access to any government assistance programs while he is alive. Instead, the benefit of the planning is for his wife, Sylvia. The VA widow’s pension will pay Sylvia up to $1,113 per month to offset the cost of her home health care. That will allow the other assets to stretch out further. Then, if Sylvia moves to a nursing home, not only can she qualify for Medicaid, but the assets that were preserved can be used to pay the differential in price for a private room, as well as continue to pay for home health care at the nursing home so that Sylvia does not have to wait 30 minutes to answer a call button, or be sitting in front of a tray of food she no longer knows how to eat without assistance.

Estate planning, asset protection planning, and long-term care planning are all distinct planning strategies, each used for a specific purpose. As our lives and circumstances change, often our planning needs to change too. Lawyers with Purpose has the training, software, systems, and support necessary to assist lawyers who have clients that are healthy and then progress through the need for assistance from others. By using these systems, I was able to convert Roger’s outdated estate plan to an asset protection plan in seven days, fully executed. When a person is receiving hospice care, you don’t know how much time you have to execute a plan. Therefore, you must have the systems in place to act swiftly.

Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, Veteran of the U.S.A.F. and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About.

15 Steps To Failing Forward - Give Your Team A Safe Place To Grow

In the 25 years I worked in the legal industry, I was never in a safe place to grow. And by “safe place” I mean I was never given room for error. I clearly remember the day I was promoted from working for an associate attorney to working for the managing partner of a large insurance defense firm. Finally promoted to working for king of the hill, and I had the corner office with windows! Finally a view!

My first day, he pulled me into his office and told me - in no uncertain terms - “If he missed ANY deadlines, appointments or court dates, it was all MY fault.” This was coming from the guy who handled most of the noteworthy federal defense cases for the county I lived in, was managing the firm, and had a huge high-profile class-action lawsuit with over 1,500 test plaintiffs alone and 3,800 total! Ahhhhh … the pressure!

I went from that to working in a small estate planning boutique firm where dropping the ball meant at times that we lost the client, couldn't make payroll or the referral source was no longer on our side. Pressure!

Since working with LWP I'm in such a safe place to fail that it's the polar opposite of any work environment I've ever been part of. And, I can clearly see the writing on the wall. Failure is a very humbling and formative experience, and you've got to own it. Through failure you can achieve true growth, so you need to own it like a boss!

It's interesting the emails and conversations I have with members and their team, and how very apologetic they can be for the slightest things. When I hear certain terminology during coaching calls, I see between the lines that that particular firm isn't in a place that believes in, as a famous book teaches, “Failing Forward: Turning Mistakes into Stepping Stones for Success.”

If you've never read the book, I'd love to highlight the 15 Steps to Failing Forward for you:

1. Realize there is one major difference between average people and achieving people.
2. Learn a new definition of failure.
3. Remove the “you” from failure.
4. Take action and reduce your fear.
5. Change your response to failure by accepting responsibility.
6. Don't let the failure from outside get inside you.
7. Say good-bye to yesterday.
8. Change yourself, and your world changes.
9. Get over yourself and start giving yourself.
10. Find the benefit in every bad experience.
11. If at first you don't succeed, try something harder.
12. Learn from a bad experience and make it a good experience.
13. Work on the weakness that weakens you.
14. Understand there's not much difference between failure and success.
15. Get up, get over it, get going.

Over the next few months I'll be doing a series that will review each of the 15 steps and dig a bit deeper into what each of them means (I'll give you the SparkNotes). Hopefully through reading along, failure will become your friend. Subscribe to our blog (using that box on the right) to get these automatically delivered right to your inbox.

Or you can email me at [email protected]. I hope you’ll join me, because this series promises to help you progress from failures that cripple to experiencing failure that empowers.

Roslyn Drotar - Implementation Coach, Lawyers With Purpose

Happy Father ' s Day

Your are so simply called ... “Dad” Such a small word with so much purpose. You fill them with love, self esteem and you make them feel safe. You provide leadership and guidance. At times this all seems to go unnoticed but as the years go on and they grow a little each day, they eventually realize how profound and important you truly are. Never forget that. Happy Father's Day from Lawyers With Purpose.

Dad
© Karen K. Boyer

He never looks for praises
He's never one to boast
He just goes on quietly working
For those he loves the most
His dreams are seldom spoken
His wants are very few
And most of the time his worries
Will go unspoken too
He's there.... A firm foundation
Through all our storms of life
A sturdy hand to hold to
In times of stress and strife
A true friend we can turn to
When times are good or bad
One of our greatest blessings,
The man that we call Dad.

Tell us....what meaningful lesson has your Dad taught you? Comment below and share. We'd love to hear!

Roslyn Drotar, Implementation Coach, Lawyers With Purpose

Flag Day - Showing Our Colors

Red, White and Blue. The colors of the United States flag. The flag flies at every government building, to include post offices. It flies at many private businesses. And, on Memorial Day, Fourth of July, and Veterans Day, you will see the flag displayed at numerous households. Americans are very proud of their flag, the universal symbol of our great nation.

Unfortunately, many proud Americans do not know the proper etiquette when flying the flag. Displaying a flag when torn, at night without a spot light, or hanging in the wrong direction, is actually disrespectful to our flag – the opposite of the intent of the person displaying it.

Federal law stipulates many aspects of flag etiquette, to include:

• The flag should be lighted at all times, either by sunlight or by an appropriate light source.
• The flag should be flown in fair weather, unless the flag is designed for inclement weather use.
• The flag should never be dipped to any person or thing. It is flown upside down only as a distress signal.
• The flag should not be used for any decoration in general. Bunting of blue, white and red stripes is available for these purposes. The blue stripe of the bunting should be on the top.
• The flag should never be used for any advertising purpose. It should not be embroidered, printed or otherwise impressed on such articles as cushions, handkerchiefs, napkins, boxes, or anything intended to be discarded after temporary use.
• Advertising signs should not be attached to the staff or halyard.
• The flag should not be used as part of a costume or athletic uniform, except that a flag patch may be used on the uniform of military personnel, fireman, policeman and members of patriotic organizations.
• The flag should never have any mark, insignia, letter, word, number, figure, or drawing of any kind placed on it, or attached to it.
• The flag should never be used for receiving, holding, carrying, or delivering anything.
• When the flag is lowered, no part of it should touch the ground or any other object; it should be received by waiting hands and arms. To store the flag it should be folded neatly and ceremoniously.
• The flag should be cleaned and mended when necessary.
• When a flag is so worn it is no longer fit to serve as a symbol of our country, it should be destroyed by burning in a dignified manner.

The above information is found at: http://www.usa-flag-site.org/etiquette.shtml.

When a flag must be disposed of, there are proper procedures for this as well. The flag should be folded in its customary manner.

• It is important that the fire be fairly large and of sufficient intensity to ensure complete burning of the flag.
• Place the flag on the fire.
• The individual(s) can come to attention, salute the flag, recite the Pledge of Allegiance and have a brief period of silent reflection.
• After the flag is completely consumed, the fire should then be safely extinguished and the ashes buried.
• Please make sure you are conforming to local/state fire codes or ordinances. For assistance is proper disposal of the flag, you may contact your local VFW Post. For more information, go to: http://www.vfw.org/Community/Flag-Education/

Now that you know, make sure that when you proudly fly the United States Flag, that you do it within the Flag Code, showing all due respect. June 14th is Flag Day, the perfect day to show your colors!

Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, Veteran of the U.S.A.F. and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About.

Why? Because Why Works!

Have you ever been to a coaching program that got you motivated, inspired, and excited? I've been in coaching for 14 years, and I always look forward to my quarterly days out of the office to reset my mind and declare a new path or continue to work on the path I've created. Last week I had the privilege of running my quarterly nation-wide program. How exciting! Over 75 people were in the room, but what made it compelling was not just the lawyer members, but their entire law firms came with them, and this was the third meeting.

Those who have not had the benefit of good coaching might wonder, what is the purpose of such a program? To make you think about things you would not ordinarily consider, that is, those things right in front of you that might be sabotaging or supporting your success. It’s meant to make you ask a powerful question: Why? Why am I not getting where I want to be?

This quarter's theme was perspective. Whose perspective are you in, and where does your perspective come from? Interestingly, it was a hardy conversation, but what many discovered that ultimately led to many great tears was how much we allow our past to impact our present and future. A simple bad or unpleasant experience paints us in so many ways that it prevents us from seeing some of the beauty that might be right in front of us. Being free of these past experiences allows a whole new possibility and a whole new vision of what can be. And it all came out from asking "Why?"

So, as you pause and reflect on your past and think of the things that draw energy from you rather than give you energy, take time to let go and understand that it was just a moment in time. It was just a series of circumstances that brought this issue about, and it was by no means a definition of who you are or what you are meant to be. So why do we have these conversations? Because asking why works. In fact, for a great read, I highly recommend the book First Ask Why. It is one of the most powerful books, leading you to find your purpose and value in life.

David J. Zumpano, Esq, CPA, Co-founder Lawyers With Purpose, Founder and Senior Partner of Estate Planning Law Center (aka - estate planning attorney - just like you).

Congratulations Jim Miskell - LWP Member of The Month

What is the greatest success you’ve had since joining LWP?

Increased confidence. Basic estate planning has long been a part of my practice and I have wanted to make it my primary practice for several years. I took simple wills, powers of attorney, health care directives and trusts, but often turned away more sophisticated work because I felt I did not have the time to learn how to handle those cases with competence. Now, I know there is nothing that I can’t handle, especially with the LWP listserve at my back. Additionally, LWP has given me the confidence and tools to direct my marketing toward the kind of practice I wanted, but did not know how to execute.

What is your favorite LWP tool?

The Estate Plan Audit combined with the Vision Clarifier, because it focuses the client’s attention on their needs and wants--and then presents options. Typical estate planning results in the attorney collecting some information and then presenting the plan to the clients. In contrast, the vision meeting really does enroll the client rather than sell to the client.

How has being part of LWP impacted your team and your practice?

LWP has given us a way to quantify what we do and has improved our communication with one another. We are now conscious of, and intentional about, the way we spend our time and how that impacts our practice’s efficiency. We now work together to stay on task.

Marketing: It's Not All About You

The internet has transformed the buying process.

I was on a call this week with an SEO guy and we were having a conversation about online marketing strategy. We both said, almost at the same time, how we at times just hate to look at what others post on their social and blogs. We both saw the same problem: Most, if not all, of their content is all about THEM!

Your prospective customers are actively looking online for a solution to their problems. 85% of consumers are looking for businesses online. There are over 100 billion searches on Google per month. They are looking for someone who can take away their pain. 91% of the people say they find what they are looking for, and 3 out of 5 are doing the research from mobile devices or tablets.

So, what that means to you is that consumers are more educated about your services than ever before. If you look at this the right way, the meaning is clear: More marketing opportunities exist for you and your firm if you play your cards right!

What do I mean by playing your cards right? Well, give them what they want! Give them what they need from you – THE expert in the area. Make yourself the “Go-To Guy/Gal.” The way to do that is CONTENT. Content is King!

So, you have to look at your marketing content as if you were a publisher or author. That means you need to start writing about what you know, and how it is important to them. Ask yourself “What questions do my prospects always ask me time and time again,” and start writing about it. Give them the answer on your website, on your firm flyers and anything you hand out as promotional material. You need to give them valuable content, when they need it and where they need it.

What you can't do is make your marketing about YOU. Don't give them fact after fact about you. And don't give them fact after fact about the services you provide. Think of it in terms of a dinner party – Don’t be that guy going on and on about how wonderful he is.

If, instead, you can deliver your content by speaking to them and, more importantly, socializing with them through blogs and social media, people will look to you as the authority in your industry. And that is golden. If you want your marketing results to do something different, you have to do something different in your marketing. The web is dramatically influencing customer behavior and changing how your business connects with perspective clients and advisors online. The information available online today gives prospects the power they haven't had in the past. And it's predicted that this power will continue to grow. Because of this your web presence has to allow people to get to know you, connect with you and offer support and value. Making this difference is the new way of online marketing.

Roslyn Drotar, Implementation Coach at Lawyers With Purpose

Learn A Foreign Language: The Language Of Appreciation

“A thank you would be nice.”

“If he is going to show up 15 minutes late and then check his email during our meetings, why even bother?”

“I’ve worked here 7 years and he doesn’t even know my daughter’s name.”

64% of Americans who leave their job say they do so because they don’t feel appreciated. Something deep within the human psyche cries out for appreciation. The number one factor in job satisfaction is not the amount of pay but whether or not the employees feel appreciated and valued for the work they do.

Everyone always talks about communication -- The best way to communicate, how to effectively communicate, yadda, yadda, yadda. Communication doesn’t mean a hill of beans if you aren’t communicating in the right language of appreciation.

We’re not talking about a touchy-feely concept here.

A book titled “The 5 Languages of Appreciation in the Workplace” does a great job of explaining how feeling appreciated provides employees with confidence and security. And employees desperately need that confidence and security. Working in a small business is an ever-changing world of constant uncertainty. Most team members are responsible for making sure things are followed up on and completed. They run around behind their business owners trying to catch things before they hit the ground and are often frustrated by the reliably inconsistent flow of information. To have confidence and security to brave the whirlwind that is working for an entrepreneur, team members must be communicated with in their language of appreciation.

This book identifies five languages of appreciation: words of affirmation, quality time, acts of service, receiving gifts and physical touch. Everyone leads in a different language; the key is to know your team members’ language so you can tap into it. If you are giving a gift card to a team member to acknowledge their hard work on a project, but that person’s language is quality time, they may be appreciative, but it won’t resonate and improve their confidence and security. Instead taking 30 minutes to sit down with a cup of coffee at Starbucks and just talk to them, without checking your email on your phone, would mean so much more.

The concept of languages of appreciation is simple to implement and essentially takes no time. All of us already try to show our employees, bosses and co-workers appreciation. Understanding this concept simply means that you will use the time you already devote to showing appreciation in a more effective way.

If you want to increase your team’s confidence and security, knowing that 64% of Americans leave their jobs because they feel unappreciated, read “The 5 Languages of Appreciation in the Workplace” by Gary Chapman and Paul White. It’s a quick, easy-to-read book. You can also take a quick quiz to see what your language is.

Laney L. Richardson, Implementation Coach at Lawyers With Purpose and author of Don’t Be a Yes Chick: How to Stop Babysitting Your Boss, Transform Your Job and Work with a Dream Team Without Losing Your Sanity or Your Spirit in the Process.