What would more likely get your clients to make pre-need funeral plans: a real life tragedy or a light romantic comedy? Consider these two approaches.

The family of Josh Powell, the man who killed his two sons in an explosive house fire in Washington state, recently said he will not be buried in the same cemetery as the children.

Powell’s mother, wracked by grief, realized no one else was planning the disposition of Josh Powell’s remains. All the attention was focused on his two murdered children. She visited a funeral home and a few cemeteries and picked a gravesite.

It turns out the grave she selected was just up the hill from where the boys were buried. They were laid to rest on February 11 at Woodbine Cemetery, the municipal cemetery in Puyallup.

The idea that the murder suspect would be buried near his victims sparked outrage in the community. His family retreated and started looking for another cemetery in which to bury Powell. (read the MSNBC.com story)

Shopping around for a burial plot after a tragic murder is the last thing any family member wants to do. In this case, the mother’s clueless selection added insult to injury. Yet, it does raise some points for discussion.

Few people younger than retirement age buy burial plots. It’s something embraced by those who plan ahead. With so many people choosing cremation, why doesn’t this family look at that option and decide what to do with the remains later?

Heavy stuff. Perhaps a light romantic comedy would be more palatable. The film Elizabethtown (2005 – PG-13) offers an opening to discuss burial versus cremation.

In the film, Drew Baylor’s father unexpectedly dies of a heart attack while visiting his family in Elizabethtown, Kentucky. His mother sends Drew with dad’s favorite blue suit to have the body cremated and brought home to Oregon.

Drew is shown the Baylor family plot in Kentucky, which dates back 272 years. They don’t cotton well to the idea of cremation. His mom insists, and dad is cremated.

Drew’s mother is not well regarded by the Baylors. This being a comedy, she comes to the memorial service, where their old grudges are resolved. In reality, family funerals often extend or intensify disputes rather than bury them.

Then there’s The Blue Suit Compromise. Since the Kentucky Baylors wanted a burial, dad’s blue suit and other items were buried in the family plot. Drew takes his dad’s ashes on a road trip, stopping for scattering at significant spots along the way.

What should a family do about a final resting place? Is one even needed? Would they want burial or cremation? Are finances a factor in what the family wants done?

It’s better to raise these questions before there’s a death. It can reduce an enormous amount of stress at a time of grief. Are you the right person to help start that conversation?

Gail Rubin, “The Doyenne of Death,” is author of the award-winning book, A Good Goodbye: Funeral Planning for Those Who Don’t Plan to Die. She speaks to groups using clips from funny films to illustrate funeral planning issues and help start serious conversations. Her website is http://AGoodGoodbye.com.

Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

A few weeks ago, the ABA Center for Law and Aging held a webinar: “Effective Advance Care Planning: Are Your Advance Directives Worth The Paper They Are Written On?” The purpose was to enhance attorneys’ client counseling skills on this topic and their drafting of more effective advance directives. Today I’ll share some state-of-the-art thinking from these leading advance care planning experts on one of the topics discussed: appointing the health care agent.

Choosing a Health Care Agent
Attorneys can add important value to the advance directive drafting process and to the clients’ thinking about advance directives. With the Health Care Power of Attorney, you have the opportunity to help clients be thoughtful about their choice of health care proxy. The guiding responsibility: to think about the best way for the clients’ wishes to be honored.

A.    Share with clients the skills and qualities of the ideal healthcare proxy

The agent should be someone who can:

• advocate for the patient with doctors, hospitals, and the medical community generally;

• manage conflict within the family

And while there is no such thing as a perfect agent, there is always the “best-possible agent” from among the client’s options.

B.     Counsel clients not to assume that their spouse is the best choice

While it is understandable that most clients do choose their spouse or significant other as their agent, sometimes spouses are simply not the best equipped to fulfill this role. A spouse may not be able to handle conflict, for example. If you recognize this, you should advise the client to select another party. But even beyond the obvious cases where the spouse is the wrong choice, you should broach this concept with clients in ways that will make the topic comfortable and safe for them to consider and discuss:

• Introduce the idea in the third person (e.g. “some of my clients find that their spouse actually isn’t the best person to make these decisions…)

• Use specific client examples – real or fictional stories war stories of clients who inappropriately chose the spouse

C.    Do not appoint co-agents

While attorneys have differing opinions on this and states also vary, the experts who spoke to this point strongly recommended naming only one agent. Clients who want to appoint co-agents usually have multiple adult children whom they want to be involved.

Solutions for this include:

• Having an understanding that there is a single decision-maker but shared information between the agent and the other siblings

• Even including language in the HCPOA that the agent must reasonably consult with the other adult children – for instance before making an important decision

D.    Help clients make the family comfortable with their choice of agent

As counsel, the attorney’s role is also to help clients think about how the family moves forward after the death of the client. It’s important that the adult children or the spouse who is not chosen as the agent feels OK about this decision. Counsel your clients to talk about their choice of agent with the loved ones(s) whom they didn’t name – and to explain their thinking. Often this can be done in very compassionate terms, e.g. “I knew it would be too hard for you to make these decisions…”

Randi J. Siegel, MBA, is the President of DocuBank, the largest advance directives registry in the U.S., which ensures that the healthcare directives of its 190,000 enrollees are immediately available 24/7/365. Working with estate planning professionals since 1997, Randi frequently speaks at national estate planning conferences and has appeared on radio and television as an authority on registries. She is active in health policy pertaining to advance directives and serves as a Senior Fellow at the Jefferson School of Population Health in Philadelphia. Randi is an ongoing contributor to the Academy blog.

Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

Tax season is here. For most of your clients and prospects, that means the headache of crunching numbers and rebalancing the budget to pay Uncle Sam. Tax time takes on a different meaning to thieves.

Most of the documents needed for taxes are very revealing. They contain client’s name, address, credit account information and most importantly, their SSN. For the identity thief, it means that there is a treasure chest of information to be targeted in the next two months. This provides you, as a trusted source, with a reason to meet with your clients and prospects to share the following ID Theft prevention checklist – ways to help prevent their personal identifying information out of the hands of would-be thieves.

Feel free to use the copy below when meeting with a client or prospect, as information to present during a social prospect or client event, or as part of your direct mail invitation content.

ID Theft Prevention Checklist:

1. Document Disposal – Once you have gathered the receipts, paperwork and the various forms you need to calculate your taxes, make sure that any papers you no longer need go through a good, cross-cut shredder. Papers with credit card account numbers, Social Security numbers (health benefit payment forms), loan papers, and such all have information that a thief can convert into a new credit account in your name. This tip also applies to all the papers you decide to dispose of from previous years. Just because a receipt is 7-years old does not mean it cannot be used to your detriment.

2. Computer Security – Many of us do our taxes or prepare our information for tax accountants on our computers. If your computer links to the Internet it must have firewall software to protect it from invasion.

3. Mail Theft Prevention Tip – Since these tax forms have a lot of information on them, the best advice is to take the forms directly to the post office, dropping them in a box INSIDE the post office. It is best to not drop them in an outside box after last pick-up of the day since that gives a thief more opportunity to steal the mail. Do not leave them in the outgoing box at work, drop them at the corner blue box or leave them in an unlocked box for pickup.

4. Social Security Number on the Check – Should I or shouldn’t I? Since your check goes through so many hands, it is best not to print your entire SSN on the face of the check. The last 4 numbers should suffice if you decide to put any part of the number at all.

5. Tax Preparers – Be selective about who works on your taxes. Check out companies with the Better Business Bureau, especially if they are new or seasonal offices. Ask questions of the managers. How will your information be stored? What type of computer security do they use? Has the person who will be working on your taxes gone through a thorough background screening? Do you see other people’s papers sitting around? If you feel uncomfortable or believe this is not a company that understands security issues, take your business elsewhere.

Jorge Villar is President of Response Mail Express (RME), with more than 26 years of direct marketing experience, he is known in several industries for his ability to create mail packages that garner the highest response rates. He is responsible for the Seminar Success program that, for the last 17 years has accounted for more than 65% of the events being held in the nation with over 14 million individuals making reservations. Mr. Villar has also been very successful marketing to physicians and business owners regarding Success Planning and Asset Protection. Response Mail Express, and parent company DME, is a $100+ million marketing powerhouse, housing over 600 employees in their 2 state-of-the-art facilities in Florida. Their marketing ideas are presently being utilized by over 10,000 clients, including: top producing advisors, estate planning attorneys, large financial organizations, health care organizations, universities and many other industries. Mr. Villar is a frequent key note speaker at national financial symposium and training conferences.

Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

The number of beneficiaries receiving Improved Pension increased 25% from 2010 to 2011. Such a substantial increase led the VA to make organizational changes with the goal of allocating more resources and attention to the special issues surrounding the eligibility criteria for Improved Pension.

The Pension and Fiduciary Services Department was established April 11, 2011, which David McLenachen, Director, being appointed on August 29, 2011. The purpose of the new Service is to allow VA to separately focus on administration of the pension and fiduciary programs. The P&F Service is responsible for issuing policy and procedural guidance to the Pension Management Centers and VA’s fiduciary activities, as well as monitoring consistency in decision-making and quality of decisions.

With regard to policy and decision making, attorneys working with pension claims have experienced surprising and inconsistent results, specifically in the areas of net worth calculation for the home place, assets placed in trusts, and transfers of assets. Because of the widespread disparity and overwhelmingly increase in confusion among lawyers across the United States, as evidenced by communication on various listserves, I felt it was time to seek go directly to the source and get answers. I had been communicating with David for years via telephone and email when he worked as a staff attorney under the General Counsel. But, since he became the leader in charge of the new Pension & Fiduciary Services, I wanted to meet with him face-to-face to discuss such important matters.

As never done before, I requested an in-person meeting with David McLenachen to discuss with him the inconsistencies, the changes in policy and practice but not law, the expectation of the future so that lawyers could competently advise their clients. To my delight, Mr. McLenachen accepted the invitation.

Knowing that this meeting would be the beginning or the end of establishing a good relationship, I felt it necessary to call upon my closest and most qualified colleagues to join me. Moreover, having attorneys who service clients from all three PMCs was important. Thus, I invited Rick Law, Law Elder Law, and his associate Zach Hesselbaum, from Illinois, and William (Bill) Hammond, The Elder & Disability Law Firm of William G. Hammond, from Kansas and Missouri, to join me. Rick Law has been a long time national educator on the Improved Pension and Bill Hammond has the innate ability to recognized trends in the market place and key in on the most relevant issues.

On December 19, 2011, the four of us traveled to Arlington, VA and met with the entire team comprising the Pension & Fiduciary Service for almost three hours. We felt the meeting went exceptionally well. Mr. McLenachen, Director, and his entire team met us warmly and opened with a presentation summarizing the new service and its mission. He then turned the meeting over to me wherein I introduced myself, Bill Hammond, Rick Law, and Zach Hesselbaum. Rick then discussed the importance of understanding the Elder Care Journey and how VA benefits fits into this journey. Following, we all discussed the specific issues related to net worth and the homestead, transfers of assets issues, income only trust issues, independent living facilities, and fiduciary concerns. The entire staff was engaged and sincerely interested to hear what we were communicating. We ended the meeting by playing a video of three of my three clients showing their personal experiences filing for VA pension benefits as well as how the pension helped them maintain a better quality of life.

The P&F Services indicated that they have been discussing making changes to the regulations (title 38) regarding both the homestead and transfers of assets. They encouraged us to look for the proposed changes in the federal register. When proposed regulations are submitted, the public has an opportunity to comment and recommend suggested changes. The period to make comment lasts for 60 days from the time the proposed regulation was published. We will monitor this and certainly make comment when appropriate.

Overall, it was clear that the Director and staff of the new P&F service is open to communication, they want to make the right changes to ensure the mission of the VA is being met and that veterans are being taken care of. We feel very positive that this meeting was the beginning of a good relationship with the VA.

Victoria L. Collier, Collier & St. Clair, LLP, co-founder VAGA, co-author VisPro, author of 47 Secret Veterans Benefits for Seniors…Benefits You Have Earned but Don’t Know About, and national speaker and educator of VA Improved Pension benefits, and periodic contributor to the American Academy of Estate Planning Attorneys blog.

Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

Estate planning, as well as funeral planning, is generally a hard conversation to start. People are reluctant to talk about their mortality.

There’s actually a psychological term for this reluctance: the Terror Management Theory. It’s based on the work of Dr. Ernest Becker and his 1973 Pulitzer Prize-winning work, The Denial of Death.

The Terror Management Theory posits that all human behavior is ultimately motivated by the fear of death. Death creates anxiety: it can strike at unexpected and random moments, and its nature is essentially unknowable.

This awareness of our own eventual death, called “mortality salience,” affects our decision-making in the face of this terror. Many people deal with it by deciding to avoid the topic altogether.

It takes personal value and a healthy self-esteem to even consider talking about estate and funeral planning. And it’s estimated that two-thirds of the general population has low self-esteem.

So perhaps one-third of your potential clients have the positive self-esteem to even show up at your office to plan their estates. Playing a little game can help start the reluctant conversation.

Remember the TV show, “The Newlywed Game,” which quizzed newly-married couples on how well they knew each other? The Newly-Dead Gameä– based on elements of “The Newlywed Game” — tests how well couples know their partner’s last wishes in a fun, upbeat way.

The game debuted at the 2011 Frozen Dead Guy Days festival in Nederland, Colorado, and will be returning for this year’s festival March 2-4, 2012. (See the September 19, 2011 post on Cryonics and Estate Planning.)

Couples who have played this game come away with a fresh appreciation of how much they still need to know about each other when it comes to funeral planning. The Newly-Dead Game can also help adult children obtain information about their parents’ last wishes.

For those Academy Members who would like to consider The Newly-Dead Game for client or community outreach events, contact me and I’ll send you a complimentary .PDF file of the question cards and game rules. Just as talking about sex won’t make you pregnant, talking about funerals won’t make you dead – and your clients will benefit from the conversation.

Gail Rubin is a Certified Celebrant who brings light to a dark subject and helps get funeral planning conversations started. Her award-winning book, A Good Goodbye: Funeral Planning for Those Who Don’t Plan to Die, won Best of Show in the 2011 New Mexico Book Awards. The book is available in print and e-book formats at Amazon.com, Barnes&Noble.com, and at AGoodGoodbye.com. Contact her at 505-265-7215 or email Gail@AGoodGoodbye.com.

Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

Have you helped a client become eligible for VA Pension benefits? If so, did you advise them that each year an annual review, EVR, is due on March 1^st? So many veterans lose their benefits each year because they did not return the EVR or did not complete it correctly. In addition to losing benefits, they also have to pay back everything paid to them by the VA for the previous 12 months. Don’t let this happen to your clients!

What is an EVR? The Eligibility Verification Report is an annual report due no later than March 1^st of each year for beneficiaries who are receiving the Improved Pension. Because eligibility for this program is based on disability status and financial criteria, the VA must ensure that the beneficiary remains eligible from year to year. The EVR provides a report of actual income and dependency status in order to verify that the payment the beneficiary is receiving is correct.

What are the required forms to complete and return to the VA? The VA will send the required forms to the beneficiary in late December or early January. One of the following forms should be completed, based on the type of beneficiary:

• 21-0510 EVR Instructions

• 21-0516-1 Improved Pension EVR (veteran without children)

• 21-0517-1 Improved Pension EVR (veteran with children)

• 21-0518-1 Improved Pension EVR (surviving spouse without children)

• 21-0519s-1 Improved Pension EVR (surviving spouse with children)

In addition to the aforementioned forms, the beneficiary must also complete a Medical Expense Report on VA Form 21P-8416 (NOTE: THIS FORM WAS UPDATED DECEMBER 2011). This form must be completed twice. The first one is to report actual medical expenses paid out of pocket by the beneficiary during the EVR reporting period. The second one is for the beneficiary to report the next 12 month’s projected medical expenses. This form must also be signed by the beneficiary or the fiduciary if one has been appointed.

Where are EVRs Processed? There are three Pension Management Centers (PMC), Philadelphia, Milwaukee, and St. Paul. Whichever PMC adjudicated the initial application for pension benefits will be the same PMC to process the EVR.

Is Anyone Exempt from Filing an EVR? Annual EVRs are not required for Improved Pension recipients who have no countable income, or whose only countable income is from VA or Social Security. However, filing an EVR may be helpful even in this situation if the beneficiary is not receiving the maximum VA pension due to the amount of medical expenses projected at the beginning of the year. If the medical expenses increased throughout the year, or if the beneficiary paid out of pocket for medical expenses that are not considered “recurring” (i.e. doctor co-pays, prescriptions, travel expenses, hearing aids, etc.), then these expenses can be reported on the EVR and the VA will recalculate what the monthly pension should have been. If the pension amount for prior months should have been higher based on the medical expenses reported in the EVR, the VA will pay a lump sum payment to the beneficiary for the appropriate amount.

Termination of Benefits. If a person does not return the EVR, benefits will be terminated as of the beginning of the EVR reporting period. Because of that, the beneficiary will receive notice that the VA overpaid them and, thus, they will owe the money they received back to the VA. Clients are usually not able to return the money because it has been spent on their high cost of medical care. It is essential that the EVR is returned by March 1^st, that it is completed accurately, and that it is signed by either the beneficiary of the benefits or by the fiduciary if one has been appointed (neither a 21-22a representative, a power of attorney agent, nor a guardian can sign the EVR).

For more information, refer to M21-1MR, Part V, Subpart iii, Chapter 7 and 38 CFR 3.277.

Victoria Collier is a nationally recognized expert in VA Benefits Planning and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About, available on Amazon.com. Victoria established The Elder & Disability Law Firm of Victoria L. Collier, PC in 2002 and has been appointed by Georgia Governor Sonny Perdue to the Georgia Council on Aging Advisory Board. Victoria is a member of the National Academy of Elder Law Attorneys, National Organization of Veteran Advocates, Co-Founder of Veteran Advocates Group of America, Co-Founder of Trust Associates Inc (a non-profit), and creator of “In the Trenches” veterans benefits conference. Victoria frequently speaks at national estate planning and elder care planning conferences and has appeared on radio and television as an authority on veterans benefits. Victoria is an ongoing contributor to the Academy blog. More information on her materials, books and training schedule can be found on her website www.elderlawgeorgia.com.

Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com 

Each New Year, we talk about how to better ourselves ― eat well and exercise, watch less television, spend more time with family, etc. And while determining how to live a healthier and more personally fulfilling life is an admirable goal, there’s another question, I think, to ask ourselves at the New Year: what can we do to effect positive change not just in ourselves, but in others? How can we, individually, make the world a better place?

One of my friend’s family members was recently diagnosed with terminal cancer. She did not expect this, and she is not prepared. Her wishes have not been recorded. And it’s hard for her to even think, let alone plan, when she feels so sick from the chemotherapy. Her family is arguing about what is best for her, and how to make it happen. This has already led to serious clashes that may take years to fully heal, and this process is just beginning. And the fact that my friend is in a family business just makes the dynamics all the more charged.

I’d like to say my friend is alone in this challenging circumstance, but as we all know, she’s not. When someone passes away, or is diagnosed with a terminal illness, families may argue. And if that person hasn’t planned in advance, the process can become even more difficult, sometimes tearing families apart entirely.

Unlike many people, we have been granted the opportunity to help others, to improve the world through our work. As attorneys, you help create and execute people’s wishes for the ends of their lives and after their deaths, through their healthcare and estate planning documents. As a healthcare directives registry and electronic document repository, we help ensure that these wishes can be known, available, and followed when it counts. It can be easy to forget amidst the day to day, but with these acts, our efforts can help simplify the complications that arise toward the end of life and after. These actions can help hold families together at the most critical of moments, when they might otherwise split at the seams. What a blessing it is that we have the opportunity to help others, just by doing our jobs.

Self-betterment is a great goal for the New Year, but helping others is at least as important. Clearly, the volunteer activities that we engage in throughout the year are an obvious way to give back. But at this time of year, I think it’s also useful to take a moment to reflect on the fact that this work is not just a source of income; it’s also a service, a means of helping others. As we go forward into this New Year, let’s pledge to renew our efforts to offer good counsel in helping people make the difficult decisions, to support them with these documents when they are needed, and to prevent unnecessary pain for family members when the time comes.

Wishing you a Happy New Year and good works in 2012.

Randi J. Siegel, MBA, is the President of DocuBank, the largest advance directives registry in the U.S., which ensures that the healthcare directives of its 190,000 enrollees are immediately available 24/7/365. Working with estate planning professionals since 1997, Randi frequently speaks at national estate planning conferences and has appeared on radio and television as an authority on registries. She is active in health policy pertaining to advance directives and serves as a Senior Fellow at the Jefferson School of Population Health in Philadelphia. Randi is an ongoing contributor to the Academy blog.

Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

This story is so extraordinary that if it didn’t really happen, no one would believe it. It seems life truly is stranger than fiction. The story involves two men, a hearse, a dead rock star, five gallons of gasoline, and a promise.

Remember the influential country rock musician Gram Parsons? He played with Emmylou Harris, The Byrds, The Flying Burrito Brothers, and The International Submarine Band. Parsons died in 1973 in a motel room near Joshua Tree National Monument from a morphine overdose at the age of 26.

The film Grand Theft Parsons (2003) is based on the true story of what happened to Parsons’ body after he died. The movie illustrates certain issues that can be helpful for estate planning attorneys to start conversations with their clients.

Prior to his death, Parsons stated that he wanted his body cremated at Joshua Tree and his ashes spread over Cap Rock, a prominent natural feature there. His road manager, Phil Kaufman, (who also managed Parsons’ drug and alcohol use as best he could) and Parsons had a pact. Whoever died first, the other would take the body to Joshua Tree and “set his spirit free,” that is, set the body on fire.

At the beginning of the film, Kaufman tries to obtain Parson’s body from the small, remote hospital near Joshua Tree. The nurse declines to give Kaufman the body, because he was neither a physician nor a close relative. He tries to steal the body from the hospital, unsuccessfully.

Parsons’ body goes to the Los Angeles International Airport for shipment to New Orleans for burial. Parsons’ stepfather arranged for a private ceremony, neglecting to invite any music industry friends.

In the film, Kaufman hires a hippie with a psychedelic hearse to retrieve the body from the airport and bribes the air cargo office clerk to obtain Parson’s body.

Once at Joshua Tree, Kaufman attempts to cremate Parsons by pouring five gallons of gasoline into the open coffin and throwing a lit cigarette inside – resulting in an enormous fireball. That part of the film stays pretty close to the true story.

The movie adds snarky ex-girlfriend Barbara Mansfield, who tries to cash in on Parson’s money and earthly possessions using a handwritten note on the back of a flyer advertisement. She says it’s his Will, but there is no notarization or anything that would make it official.

The note says: “To whom it may concern: I would like it to be known that it is my wish to leave Barbara Mansfield my assets and belongings in the event of my death. Signed, Gram Parsons.”

Kaufman tells her that’s not a Will. She says it’s a signed promise from Gram to leave her all of his things. Parsons was married to another woman at the time.

Using this note, she tries to obtain Parson’s guitar and music masters from Kaufman. She also tries to get money from the bank. The banker tells her they have rules, the piece of paper is invalid, and they would at least need a death certificate for her to prove that he is actually dead. She unsuccessfully tries to get a death certificate from the county registrar.

Outside of the questionable legality of setting a body on fire in a national monument, Grand Theft Parsons opens the door for attorneys to discuss the following points:

• In most states, a hand-written note does not make an acceptable Will, no matter how hard a desperate girlfriend insists it does. Do you as an estate attorney ever face this kind of situation? This is a chance to let your clients know what actually makes a legal Will valid.
• Hospitals will not release bodies to “close friends,” be they road managers or life partners without power-of-attorney proof. In fact, those who want to do their own home death care for a family member may have a difficult time getting a body released to next-of-kin.
• Bribing an air cargo clerk has got to be breaking some kind of law, but this was set in 1973, way before September 11 security enhancements at airports took effect. Only “Known Shippers” can now handle dead bodies when it comes to air cargo. You can’t just drive a psychedelic hearse up to the air cargo office anymore. Sigh.

By the way, in the true story, police chased Kaufman and his friend after setting the body on fire, but the pair got away. They were arrested several days later. Since there was no law against stealing a dead body, they were only fined $750 for stealing the coffin and were not prosecuted for leaving 35 pounds of Parsons’ charred remains in the desert.

Grand Theft Parsons is a fun film with a few life-and-death lessons sprinkled into the comedy. It can be rented on DVD through Netflix and purchased through Amazon.com. Rated PG-13 for drug references and some language.  

Gail Rubin is the author of the award-winning book, A Good Goodbye: Funeral Planning for Those Who Don’t Plan to Die (http://AGoodGoodbye.com), and The Family Plot Blog, http://TheFamilyPlot.wordpress.com. She’s “knocking them dead” with her Funny Films to Start Serious Conversations talks.

Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

I was recently watching a professional football game where they had a family down on the field honoring them for the service of their son who was serving our country in Afghanistan. As the announcer was describing this impressive young man, he appeared on the field and surprised his family who thought he was still overseas fighting for our country! The joy that they had was contagious and I found myself tearing up at this wonderful reunion.

This also made me think of all of the veterans we serve at Legacy Safeguard that believe since they are veterans that their funeral expenses are completely paid for because they served our country. In fact, many veterans believe that the Department of Veterans Affairs (VA) will pay for their funeral expenses.

While the VA does provide burial allowances, they are in fact partial reimbursements of an eligible veteran’s burial and funeral costs. When the cause of death is not service related, the reimbursements are generally described as two payments: (1) a burial and funeral expense allowance, and (2) a plot or interment allowance.

According the VA website, http://www.va.gov, if you are a veteran you may be eligible for VA burial allowance if:

• you paid for a veteran’s burial or funeral, AND

• you have not been reimbursed by another government agency or some other source, such as the deceased veteran’s employer, AND

• the veteran was discharged under conditions other than dishonorable.

In addition, at least one of the following conditions must be met:

• the veteran died because of a service-related disability, OR

• the veteran was receiving VA pension or compensation at the time of death,  OR

• the veteran was entitled to receive VA pension or compensation, but decided not to reduce his/her military retirement or disability pay, OR

• the veteran died while hospitalized by VA, or while receiving care under VA contract at a non-VA facility,  OR

• the veteran died while traveling under proper authorization and at VA expense to or from a specified place for the purpose of examination, treatment, or care, OR

• the veteran had an original or reopened claim pending at the time of death and has been found entitled to compensation or pension from a date prior to the date or death,  OR

• the veteran died on or after October 9, 1996, while a patient at a VA-approved state nursing home.

Now for the big question…How Much Does VA REALLY Pay?

Service-Related Death. VA will pay up to $2,000 toward burial expenses for deaths on or after September 11, 2001. If the veteran is buried in a VA national cemetery, some or all of the cost of transporting the deceased may be reimbursed.

Nonservice-Related Death. VA will pay up to $300 toward burial and funeral expenses and a $300 plot-interment allowance for deaths on or after December 1, 2001. If the death happened while the veteran was in a VA hospital or under VA contracted nursing home care, some or all of the costs for transporting the veteran’s remains may be reimbursed.

While these are good benefits, they won’t usually cover the cost of a funeral. Many veterans are disappointed when they learn that the government doesn’t pay more for their funeral expenses. This false sense of security can lead to a lot of stress for families when a veteran passes away. This is why proper final expense planning is so important for all of our clients. Therefore, be sure to educate your veteran clients about the reality of the benefits that they are entitled to, so this doesn’t happen to them.

Funding a Funeral Trust and enrolling your veteran clients in Legacy Safeguard is another service you can provide not only for the veteran, but for their family. This will not only ensure their family is not left with the burden of having to pass the hat to pay for their funeral, but gives them a powerful venue through the Legacy Safeguard to detail the memories they want to pass down to their loved ones. Legacy Safeguard can also assist the family as they plan to honor their veteran when the need arises. We will be proud to stand by you and assist you as you support those who have done so much to preserve the freedom of our great nation.

Bryan W. Adams is President & CEO of Premier Planning, LLC and Founder of Legacy Safeguard. Bryan is considered one of the nations’ leading experts on final expense planning, and he frequently speaks throughout the country about the importance of assisting clients to gain peace of mind through advanced funeral funding.

Bryan’s passion for helping families prepare for their final expenses came from being raised in the funeral business. His family still owns and operates several funeral homes, and he is constantly amazed at how unprepared families are when a death occurs. Bryan has worked tirelessly to help Americans plan for the inevitable and lessen the burden on their loved ones.

Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com

I have walked through the valley of the shadow of death. After 30 funerals in 30 days, to quote The Grateful Dead, what a long, strange trip it’s been.

No, my circle of family and friends has not been decimated. I did not personally know any of these people, but met them through the local obituaries. I documented their goodbye services on The Family Plot Blog as the 30 Funerals in 30 Days Challenge.

As the self-proclaimed “Doyenne of Death,” I undertook this challenge for three reasons:

1. To illustrate the many creative ways people celebrate the lives of those they love,
2. To help reduce a fear of talking about death – something that will happen to all of us, and
3. To show that funerals are a life cycle event much like a wedding, best planned more than a few days in advance.

I have witnessed such a wide range of events, both religious and non-religious.

Early on, there was Howard Strunk’s memorial luncheon at a bowling alley bar. Josie the bartender put it together because Howard’s wife didn’t want to have a funeral for him. Memorial services are for community, not just for the family.

Sam Baxter’s celebration at Balloon Fiesta Park took the cake for Memorial Service of the Month. He brought the Adams family of balloons to New Mexico in the 1980s. As his first two Adams balloons stood tethered, the several hundred assembled let fly a raft of multi-colored helium balloons. Then more than two-dozen hot air balloons took flight on a perfect day for flying, followed by a tailgate party of grand proportions.

Erika Langholf’s celebration of life was exactly that. The event at a funeral home chapel combined laughter and tears, with many stories told by family and friends. She was born in 1958, and the music reflected the era in which she came of age, including Queen, Rod Stewart, Journey, and, reflective of Erika’s keen sense of humor, “Spirit in the Sky” by Norman Greenbaum.

Even within the confines of an established ritual, funerals can be personalized.

Lonnie Chavez’s funeral at Our Lady of Sorrows Catholic Church followed the form for a funeral Mass. However, as soon as I walked into the church, I could tell Lonnie was a Dallas Cowboys fan. From the blue casket with the team logo and blue and white flower arrangements, to both the deceased and the pallbearers in Cowboys football jerseys, what a way to ride off into the sunset.

Here are a few statistics from the 30 Funerals in 30 Days Challenge:

• The oldest person memorialized was a 90-year-old; the youngest was a 25-year-old.

• Sixteen of the deaths could be considered expected (long-term illness or advanced age) and 14 were unexpected (heart attack, stroke, accident, or medical mishap).

• Of all the event locations, 11 were at a funeral home, six were at houses of worship, five were in cemeteries, and eight were held in other settings, including at a private residence, at the Albuquerque International Balloon Fiesta Park, in a Japanese garden, at an open space picnic area, and at the German American Club.

• Thirteen of the events (nearly half) were creative celebrations of life with little or no religious references, or some spiritual readings but not a religious service.

Of the 30 events, almost half of these deaths were unexpected. Since we never know when our number will be up, it’s vital to have a conversation today about how you’d like your life to be celebrated. Time may be shorter than we may think.

Gail Rubin is a Certified Celebrant who brings light to a dark subject and helps get funeral planning conversations started. Her award-winning book, A Good Goodbye: Funeral Planning for Those Who Don’t Plan to Die (Light Tree Press), was ForeWord Reviews’ Book of the Year Award finalist in the Family & Relationships category. The book is available in print and ebook formats at Amazon.com, Barnes&Noble.com, and at AGoodGoodbye.com.

Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com