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Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review April 28, 2005 / 19 Nisan, 5765

How do I protect my slacker son's inheritance?; Curbing Medicare costs

By Jan L. Warner & Jan Collins


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http://www.JewishWorldReview.com | Q: My husband and I have two sons who are exact opposites. One is 45, married to a teacher, has two children and never misses a day of work.

The other is 38, can't hold down a steady job, has been married three times (resulting in five children), is always behind on his child support and is usually broke. We have a wonderful relationship with our older son's children, but never see our younger son's because he is always behind on his support payments.

Assuming there is something left to leave when the second of us dies, we want our assets to be divided equally between our sons. But we're concerned that our younger son will either blow what he inherits or a creditor will take his funds. Is there a way to protect our younger son from himself?

A: When your child or another potential beneficiary of your estate is a spendthrift, and you want to make sure that the funds you leave will be used as you intend, it is wise to include a "spendthrift" provision in your trust.

For hundreds of years, "spendthrift" trusts were used by the English to limit beneficiaries' access to money so they could not squander it and their creditors could not touch it. These trusts were used by anxious fathers to keep inheritances, designed to benefit their married daughters, away from their sons-in-law and creditors (because, in those days, married women could not own property in their own names).

Today, every trust created by one person for the benefit of another should contain a spendthrift provision directing the trustee not to distribute any sums to a creditor of the beneficiary. In some trusts, the spendthrift provision has been expanded to direct that the trustee pay "necessaries" for the beneficiary by making payments directly to third-person providers for the beneficiary. Necessaries include such expenses as food, shelter, utilities, medical and dental care. This way, the funds never touch the beneficiary's hands and generally can't be grabbed by creditors before the monthly expenses are paid.

While a spendthrift clause may help beneficiaries who are unemployed, have creditor problems or, like your son, many former wives, state law may limit the applicability. For example, some states don't allow these provisions, while others place limits on the amount that can be protected from creditors. A number of states permit those vendors who supply necessaries to make claims against the trust. Still others permit enforcement of valid court orders and judgments for alimony and child support.

No spendthrift provision protects the trust's assets from claims by the Internal Revenue Service or state departments of revenue for past-due taxes, penalties and interest. And whether these provisions protect trust funds from plaintiffs in personal injury lawsuits is in flux.

Talk to a lawyer in your area who is knowledgeable about your state laws, and then take the steps that will provide as much protection as available.

CURBING MEDICAID COSTS

The governors of our 50 states have been working feverishly to present a Medicaid reform proposal to Congress that will reduce the benefits of a program now covering 53 million poor Americans. Despite the ever-increasing numbers of seniors on fixed incomes who become chronically ill, the governors are trying to reduce the number of people who seek Medicaid benefits, but not a word has been said about the growing number of illegals who come into this country and take advantage of these programs each year.

This new package will probably offer even fewer benefits to the working poor and uninsured, meaning that some people will not get treated, and those of us who use traditional health coverage will continue to be gouged by higher premiums. Moreover, to reduce the states' expenditures on long-term care and nursing homes, the governors plan to "clamp down" on what they refer to as "wealthy seniors" who transfer assets to qualify for Medicaid.

The governors' solution for these "wealthy seniors" of undefined means? Give them tax credits to buy long-term care insurance (which most can't qualify for or afford), and allow them to "... keep some percentage of their home, some amount of fixed dollars that they can pass on (to their children) and then encourage reverse mortgages to pay for their long-term care." Reverse mortgages, governors, can't be used when folks are in nursing homes and the house is empty. And why not suggest instead that the more than $22 billion per year that will be lost if estate taxes for the really wealthy (the richest 1 percent of Americans) are repealed be used shore up programs for the less fortunate?

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.

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