Just when we thought we had made it through another hurricane season without devastation, hurricane Sandy hit the northeast coast. The hurricane made landfall late Monday leaving destruction in its wake. Millions of residents and visitors were left stranded when the New York subway system came to a halt as flooding in the tunnels made operation impossible with no idea when the system will be up and running again. In addition, over 12,000 flights were cancelled throughout the northeast. Explosions and downed power lines left 8.2 million people without electricity. The financial heart of New York was even closed for two days.

Although most of us are not able to personally provide shelter, food or manpower, there are numerous relief agencies that are already on the scene doing just that. If you would like to make a donation, the following agencies are asking for help:

• The Red Cross – Provides food, shelter and emotional support as well as other assistance.
• New York Blood Center—Over 100 blood drives were cancelled in the New York area as a result of hurricane Sandy meaning that blood supply is running low.
• Salvation Army—Provides food through dozens of mobile feeding units. Also provides shelter at longstanding shelters.
• Feeding America—distributes emergency food, water and supplies to victims.
• Americares—Provides medicine and other supplies to victims.
• WorldVision—Distributing food clean up kits, personal hygiene items, and emergency food kits to victims
• Save the Children—Providing relief to families and children
• Samaritan’s Purse—Actively seeking volunteers to help victims of Hurricane Sandy

The Law Offices of Barton P. Levine is a member of the American Academy of Estate Planning Attorneys.

Since the invention of the automobile, driving has been a symbol of freedom and independence. Not surprisingly, older drivers are not usually in a hurry to give up their ability to drive. By current estimates, over 20 percent of the American population will be over the age of 65 by the year 2030, meaning that there will be a significant number of older drivers on the nation’s roadways. Unfortunately, that may also mean more injuries and fatalities as a result of car crashes. Although older drivers drive less frequently and tend to stay closer to home when they do drive, they are 17 times more likely to be fatally injured in a collision than drivers in the 25 to 64 year old age group. There are, however, some things that an older driver can do to reduce the chance of being involved in a collision.

• Stay off the roadways during rush hour when possible
• Don’t drive at night or on poorly lit country roads
• Use a “3 second rule” instead of a “2 second rule” to increase the distance between you and the vehicle in front of you in case you need to stop suddenly
• Enroll in a defensive driving or refresher driving course aimed at older drivers.
• Stay physically active to help you stay alert when driving
• Have a yearly physical as well as a hearing and vision test done annually
• Be sure to manage chronic illnesses such as diabetes
• Know your limits, remain patient, and plan plenty of time to reach your destination

The Law Offices of Barton P. Levine is a member of the American Academy of Estate Planning Attorneys.

Losing a family member or loved one is usually one of the hardest things a person will ever have to go through. When someone close to you loses a loved one or family member, you usually want desperately to do something that will be of assistance, yet often feel helpless. Nothing can turn back the clock and prevent your friend’s loss, but there are a number of practical things that you may be able to do to help during this emotional time.

Keep in mind that for legal reasons you may not be able to actually make some of the necessary calls or arrangements, but you can certainly find telephone numbers and contact information

Start looking for the decedent’s Last Will and Testament and other estate planning documents. If your friend does not have an original copy of the Will, check with the decedent’s estate planning attorney or other family members

Look for any indication that the decedent left a funeral plan. Not only will that make planning the service and burial easier, but you may find out that the service has actually already been paid for by the decedent.

Accompany your friend to the funeral home to make the necessary arrangements. Sometimes a shoulder to lean on can be of great help.

Obtain a certified copy of the Death record. This can usually be obtained from the county or state department of vital statistics or other similar office.

Arrange for friends and family members to provide food and child care if needed. During times of crisis, people still need to eat and children still need to be cared for, but thinking of simple things like this may be hard right after a death.

The Law Offices of Barton P. Levine is a member of the American Academy of Estate Planning Attorneys.

Estate planning attorneys here this all the time. Unmarried, or unattached, individuals who do not have any children are often under the impression that there is really no reason why they need to create an estate plan. The truth is that single people have just as much need for an estate plan as other individuals.

Just because you are single does not mean that you do not have significant and meaningful relationships with the people in your life. Maybe you are particularly attached to a niece or nephew. Maybe you have a charity that you have devoted a considerable amount of time to and you wish to help. Maybe you have a close knit group of friends who mean a lot to you. In the absence of an estate plan, none of those people or groups are likely to receive anything from your estate in the event of your death.

If you die without a Last Will and Testament, the state will decide what happens to your estate. This will likely mean that your parents or siblings receive your assets. Your best friend will not even get that sentimental souvenir you meant to leave her. Your niece will not get that money you wanted to her have for college and your favorite charity has been completely forgotten.

While you may not need an elaborate estate plan, being single hardly means you don’t need one at all. Take the time to sit down with an estate planning attorney and talk about what your plan does need to ensure that your assets are handled in the way you want them to be handled if you die.

The Law Offices of Barton P. Levine is a member of the American Academy of Estate Planning Attorneys.

One of the most commonly used estate planning tools is the power of attorney, or POA. POAs are not only used for estate planning, but for a multitude of other circumstances by people across the country every day. When used properly, a POA can be a simple, yet effective, estate planning tool. In order to get the intended benefits out of a POA, however, you must first understand what one is used for, what the limitations are, and what the potentially dangers are.

At its core, a POA allows you to give another individual the legal authority to act in your behalf. Be sure that you do not confuse a POA with an advanced directive, healthcare power of attorney or living will. These documents are very specific in nature and are intended only to give someone the legal authority to make healthcare decisions for you if you are incapacitated.

A traditional POA does not survive your incapacity. Instead, a traditional POA will automatically terminate upon your incapacity–often when you want it to work the most. As a result, the durable POA evolved which does survive your incapacity. The creation of a durable POA typically requires very specific language in order to assure a court that it was, indeed, your intention for the POA to survive your incapacity.

Finally, either a traditional or durable POA can be created for a specific reason or to give someone broad control. If you choose to give someone a broad POA, be sure that you discuss this with your estate planning attorney first as you are essentially giving that person access and control over the bulk of your finances.

The Law Offices of Barton P. Levine is a member of the American Academy of Estate Planning Attorneys.

Estate planning requires numerous decisions to be made along the way to creating a comprehensive plan. Along with who you wish to receive your estate assets, you need to give some thought to how and when you wish them to have those assets. Assets passed down during your lifetime are considered gifts while assets passed down after your death are bequests. Each comes with its own pros and cons. Only a detailed analysis of your estate planning objectives done by your estate planning attorney can provide you with concrete advice, but consider the following when contemplating whether to gift or bequeath.

• A gift during your lifetime allows you the benefit of seeing the beneficiary make use of the asset
• Valuable assets may be too much, too soon, for relatively young beneficiaries and are therefore better left as an inheritance
• On the other hand, even relatively young beneficiaries can benefit from the gift of a valuable asset if it is given through a trust
• An asset that has appreciated significantly since you purchased it will subject the beneficiary to capital gains taxes when sold with the original purchase price being used as the cost basis
• Assets left in your estate at the time of your death can be subject to the traditionally high estate tax rate if the total estate assets exceed the current estate tax exemption amount
• An annual gift tax exclusion allows you to give small gifts of up to $13,000 to as many recipients as you wish each year which may help you to gift some assets during your lifetime

The Law Offices of Barton P. Levine is a member of the American Academy of Estate Planning Attorneys.

If you have recently suffered the loss of someone close to you, you are likely going through the grieving process. Grief is experienced in different ways by different people — there is no “normal” when it comes to grief. Everything from your emotional reaction to the amount of time it takes you to get through the process is individual to you alone. Because the grieving process is so intensely individual, how can you tell if your grief has turned the corner into depression? Even the experts disagree on how and when to make a diagnosis of depression following the loss of a loved one.

The American Psychiatric Association, or APA, and its diagnostic manual has long warned doctors away from diagnosing major depression in people who’ve just lost a loved one. It’s known as the bereavement exclusion in the DSM, or the Diagnostic and Statistical Manual of Mental Disorders. A proposed change in a draft of the DSM’s next edition, however, due out next year, eliminates that bereavement exclusion, leaving many worried about where to draw the line between grief and depression.

Although there is no universal agreement as to when a diagnosis of depression can be made following the loss of a loved one, most professionals do agree that the longer your grief lasts, the higher the likelihood that it has turned into depression. All professionals agree that if you are concerned about how you are handling the grieving process, its time to reach out for help.

The Law Offices of Barton P. Levine is a member of the American Academy of Estate Planning Attorneys.