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	<title>David J. Harowitz, P.C.</title>
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	<link>http://HAROWITZ.NET</link>
	<description>Minimizing the dangers of court control, taxes, nursing home costs and lawsuits, for people like you.</description>
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		<title>Planning for Qualified Plans (IRA, 401k)</title>
		<link>http://HAROWITZ.NET/2012/04/26/planning-for-qualified-plans-ira-401k/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=planning-for-qualified-plans-ira-401k</link>
		<comments>http://HAROWITZ.NET/2012/04/26/planning-for-qualified-plans-ira-401k/#comments</comments>
		<pubDate>Thu, 26 Apr 2012 19:08:56 +0000</pubDate>
		<dc:creator>fpsirvent</dc:creator>
				<category><![CDATA[HI-5 Counselor Newsletter Archive]]></category>
		<category><![CDATA[401k]]></category>
		<category><![CDATA[IRA]]></category>
		<category><![CDATA[retirement plans]]></category>
		<category><![CDATA[tax saving]]></category>
		<category><![CDATA[trusts]]></category>

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		<description><![CDATA[Planning for tax-qualified plans, which includes IRAs, 401(k)s and qualified retirement plans, requires a careful examination of the potential taxes that impact these assets. Unlike most other assets that receive a &#8220;basis step-up&#8221; to current fair market value upon the owner&#8217;s death, IRAs, 401(k)s and other qualified retirement plans do not step-up to the date-of-death value. Therefore, beneficiaries who receive these assets do so subject to income tax. If the estate is subject to estate tax, the value of these assets may be further reduced by federal estate tax. And if you name grandchildren or younger generations as beneficiaries, these assets may additionally be reduced by the generation-skipping transfer tax &#8211; at the highest federal estate tax rate. All told, these assets may be subject to 70% tax or more. There are several strategies available to help reduce the impact of these taxes and to ensure that these assets meet each person&#8217;s unique planning objectives. This issue of The HI-5 Counselor examines some of the more common planning alternatives for tax-qualified plans, as well as the advantages and disadvantages of each. Structure Accounts to Provide the Longest Term Payout Possible Structuring tax-qualified plans to provide the longest term payout possible [...]]]></description>
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		<title>Implications of Guardianships and Conservatorships</title>
		<link>http://HAROWITZ.NET/2012/03/28/implications-of-guardianships-and-conservatorships/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=implications-of-guardianships-and-conservatorships</link>
		<comments>http://HAROWITZ.NET/2012/03/28/implications-of-guardianships-and-conservatorships/#comments</comments>
		<pubDate>Wed, 28 Mar 2012 22:18:40 +0000</pubDate>
		<dc:creator>fpsirvent</dc:creator>
				<category><![CDATA[HI-5 Counselor Newsletter Archive]]></category>
		<category><![CDATA[conservatorship]]></category>
		<category><![CDATA[guardianship]]></category>
		<category><![CDATA[probate]]></category>
		<category><![CDATA[trusts]]></category>

		<guid isPermaLink="false">http://HAROWITZ.NET/?p=335</guid>
		<description><![CDATA[Often in estate planning, attorneys present the idea of guardianship and/or conservatorship as a bad thing &#8211; something to be avoided. In a perfect world, we could move through our lives from cradle to grave without such things as guardianships and conservatorships. But in order to achieve this perfect world, we have to do advance planning to provide for our own care if we become impaired or incapacitated, and we need trustworthy, responsible and financially astute family members who are willing and able to assist us. For some people, these &#8220;perfect world&#8221; conditions do exist. However, for many others, they do not. &#160; Increasingly, attorneys run into the following situations: &#160; Seniors come to us, often brought by their children or children-in-law, when mental incapacity has set in, and although they appear to have willing and able family members who can take care of them, assist with making personal care and living decisions, or manage their finances, the seniors do not have the necessary delegation documents in place to empower these helpers as their agents. Seniors have documents in place, but the people named are dead or no longer available, willing or appropriate to serve. The people who the senior [...]]]></description>
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		<title>The Debt Ceiling Debate, Estate Tax, Pets and Alimony&#8230;What Could They Possibly have in Common?</title>
		<link>http://HAROWITZ.NET/2012/02/28/the-debt-ceiling-debate-estate-tax-pets-and-alimony-what-could-they-possibly-have-in-common/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=the-debt-ceiling-debate-estate-tax-pets-and-alimony-what-could-they-possibly-have-in-common</link>
		<comments>http://HAROWITZ.NET/2012/02/28/the-debt-ceiling-debate-estate-tax-pets-and-alimony-what-could-they-possibly-have-in-common/#comments</comments>
		<pubDate>Tue, 28 Feb 2012 20:45:30 +0000</pubDate>
		<dc:creator>fpsirvent</dc:creator>
				<category><![CDATA[HI-5 Counselor Newsletter Archive]]></category>
		<category><![CDATA[debt ceiling]]></category>
		<category><![CDATA[estate tax]]></category>
		<category><![CDATA[pet trust]]></category>

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		<description><![CDATA[Actually, they do have something very important in common: your estate plan. In this issue of The HI-5 Counselor, we will look at what the recent debt ceiling debate can tell us about the estate tax. Then we will look at several specialized trusts designed to solve particular estate planning problems, including trusts for pets and alimony. What the Debt Ceiling Debate Can Tell Us about the Estate Tax The recent debt ceiling debate showed us a lot about how Congress works. There is public posturing and blaming, to be sure, but there is also negotiation behind closed doors that we do not see. There are a variety of elements that are constantly shifting and being discussed until things finally do come together, but there is not a deal until the last piece falls into place. Usually the end result is not something anyone could have predicted, nor what either side would have wanted from the beginning. And no matter how much time there is to make the deal, it seems to always come down to the last minute. We have seen the same kind of thing in recent estate tax legislation. Just look at the Economic Growth and Tax [...]]]></description>
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		<title>Understanding Health Care Reform and Its Effect on Our Senior Population</title>
		<link>http://HAROWITZ.NET/2012/01/20/understanding-health-care-reform-and-its-effect-on-our-senior-population/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=understanding-health-care-reform-and-its-effect-on-our-senior-population</link>
		<comments>http://HAROWITZ.NET/2012/01/20/understanding-health-care-reform-and-its-effect-on-our-senior-population/#comments</comments>
		<pubDate>Fri, 20 Jan 2012 20:43:43 +0000</pubDate>
		<dc:creator>fpsirvent</dc:creator>
				<category><![CDATA[HI-5 Counselor Newsletter Archive]]></category>
		<category><![CDATA[health care reform]]></category>
		<category><![CDATA[Medicaid]]></category>
		<category><![CDATA[medicare]]></category>

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		<description><![CDATA[During the month of March, and after much debate, the Patient Protection and Affordable Care Act of 2010 and the Health Care and Education Affordability Reconciliation Act of 2010 were signed into law. This new legislation, commonly referred to as &#8220;health care reform,&#8221; made sweeping changes to health care as we currently know it, including the introduction of new programs aimed to assist older Americans with long term care.This issue of HI-5 CounselorTM will focus on four areas where health care reform impacts our senior population and their loved ones: Medicare improvements, prescription drug help, expansion of Medicaid to home-based services, and long term care insurance available for any working adult. Medicare Improvements Preventive benefits. Older adults will no longer have to pay out of pocket for preventive care services such as cancer and diabetes screenings. Effective January 1, 2011, all deductibles and co-insurance for preventive benefits will be eliminated. Medicare recipients will also receive one free annual wellness visit.Dual-eligible subsidy improvements. Those seniors who are eligible for both Medicare and Medicaid (called &#8220;dual-eligibles&#8221;) and are enrolled in home and community-based services waiver programs will no longer have to pay cost sharing for their Part D prescription drugs.Reduced government subsidies [...]]]></description>
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		<title>Long Term Care for Veterans</title>
		<link>http://HAROWITZ.NET/2011/12/16/long-term-care-for-veterans/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=long-term-care-for-veterans</link>
		<comments>http://HAROWITZ.NET/2011/12/16/long-term-care-for-veterans/#comments</comments>
		<pubDate>Fri, 16 Dec 2011 20:41:02 +0000</pubDate>
		<dc:creator>fpsirvent</dc:creator>
				<category><![CDATA[HI-5 Counselor Newsletter Archive]]></category>
		<category><![CDATA[aid & attendance]]></category>
		<category><![CDATA[long term care]]></category>
		<category><![CDATA[veterans pension]]></category>

		<guid isPermaLink="false">http://HAROWITZ.NET/?p=307</guid>
		<description><![CDATA[With the announcement that the war in Iraq is ended, we want to highlight the service of our veterans and their families this month. Thank you for your dedication and sacrifice. There are currently over 25 million veterans alive in the United States. There are over 9 million surviving spouses of veterans currently living in the United States. Many of these veterans and surviving spouses are receiving long term care or will need some type of long term care in the near future, and there are funds available from the Veterans Administration (&#8220;VA&#8221;) to help pay for that care. Unfortunately, many of those who are eligible have no idea that any type of benefits exist for them or that an attorney can help them become eligible.Benefits Available There are three types of benefits available that provide a monthly cash payment to veterans who have long term health care needs. Below is an overview of the three benefits.Service Pension. The VA provides a monthly cash payment to wartime veterans who meet active duty and discharge requirements, who are either 65 or older or disabled, and who have limited income and assets. Service pension is also available to a surviving spouse of [...]]]></description>
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		</item>
		<item>
		<title>David J. Harowitz</title>
		<link>http://HAROWITZ.NET/2011/11/22/david-j-harowitz/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=david-j-harowitz</link>
		<comments>http://HAROWITZ.NET/2011/11/22/david-j-harowitz/#comments</comments>
		<pubDate>Tue, 22 Nov 2011 23:05:19 +0000</pubDate>
		<dc:creator>fpsirvent</dc:creator>
				<category><![CDATA[Our Team]]></category>

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		<description><![CDATA[David is President of the firm and has been practicing law for thirty-five years. His practice is dedicated to helping clients and their families in the areas of Veterans Pensions, Estate Settlements and Probate, Elder Law, Estate Planning, and Insurance Reviews. David graduated summa cum laude from Arizona State University and cum laude from its College of Law where he was on the Arizona State Law Journal. He derives tremendous satisfaction from drafting an estate plan that takes into account the unique people, families and institutions involved, and which avoids or lessens the impact of probate as well as estate taxes and administrative costs. David especially enjoys helping his clients achieve their goals, hopes, dreams, and aspirations. David has been and continues to be involved with many of the best estate planning attorneys in the country through various professional associations as well as personal relationships. Every year David devotes hundreds of hours to constant education and development of his skills to better counsel and help his clients. Professional Credentials Member, State Bar of Arizona Member, United States District Court Bar Member, United States Supreme Court Bar Accredited, Department of Veterans Affairs Member, Christian Legal Society Member, Trust &#38; Probate Section [...]]]></description>
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		<item>
		<title>Francisco P. Sirvent</title>
		<link>http://HAROWITZ.NET/2011/11/22/francisco-p-sirvent/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=francisco-p-sirvent</link>
		<comments>http://HAROWITZ.NET/2011/11/22/francisco-p-sirvent/#comments</comments>
		<pubDate>Tue, 22 Nov 2011 23:04:52 +0000</pubDate>
		<dc:creator>fpsirvent</dc:creator>
				<category><![CDATA[Our Team]]></category>

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		<description><![CDATA[Francisco is a partner with the firm.  He graduated from the University of Arizona in 2001 with a B.S. in Biosystems Engineering, first in his class.  Francisco entered the legal profession as a law clerk in 2002 and then pursued his law degree at Arizona State University.  He obtained this degree in 2006 and was one of a few students to also obtain a Certificate in Law, Science and Technology.  He led the Elder Law Pro Bono project and Christian Legal Society student chapter, and then interned at Arizona Technology Enterprises.  During his last year in a tax and wills &#38; trusts course, Francisco discovered the “fun” of taking advantage of the intricacies of the tax code to help families in estate planning.  This area of law brought together his enjoyment of calculating numbers with the practice of law. Francisco is an accomplished teacher and presenter in the estate planning arena.  He has taught numerous workshops, seminars and education courses to attorneys, financial professionals, and the public.  Francisco discovered his joy for teaching in English Talk Time, an outreach ministry at his church, teaching conversational English as a second language to immigrants. Professional Credentials: Member, Arizona State Bar Member, United [...]]]></description>
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		<item>
		<title>Veterans&#8217; Pension &#8211; Are you missing out on a tax-free $2,000 per month?</title>
		<link>http://HAROWITZ.NET/2011/10/03/veterans-pension-without-va-retirement/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=veterans-pension-without-va-retirement</link>
		<comments>http://HAROWITZ.NET/2011/10/03/veterans-pension-without-va-retirement/#comments</comments>
		<pubDate>Tue, 04 Oct 2011 06:04:21 +0000</pubDate>
		<dc:creator>fpsirvent</dc:creator>
				<category><![CDATA[Practice Areas]]></category>
		<category><![CDATA[Veterans Pension]]></category>
		<category><![CDATA[aid & attendance]]></category>
		<category><![CDATA[long term care]]></category>
		<category><![CDATA[veterans pension]]></category>

		<guid isPermaLink="false">http://034898e.netsolhost.com/?p=122</guid>
		<description><![CDATA[The Veterans&#8217; Administration offers a &#8220;pension&#8221; for certain service men and women who pass a means test and medical qualification.  The VA describes the program as follows: &#8220;Pension is a benefit paid to wartime veterans who have limited or no income, and who are age 65 or older, or, if under 65, who are permanently and totally disabled.   Veterans who are more seriously disabled may qualify for Aid and Attendance or Housebound benefits.    These are benefits that are paid in addition to the basic pension rate.&#8221; To qualify, the veteran does not have to have retired from the service and does not have to have a service-related disability.  Instead, active service during designated times of war and a general or honorable discharge meets the service qualifications.  Additionally, the VA will only approve a pension application if the veteran&#8217;s income and assets meet the eligibility requirements and the veteran meets certain disability requirements. Many qualified veterans miss out on the pension benefits they have earned because they are never informed that income has a very different meaning for veteran pension purposes than it does in common usage. A veteran could have annual income of $100,000 or more, retain all of [...]]]></description>
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		<item>
		<title>How does Arizona Probate work?</title>
		<link>http://HAROWITZ.NET/2011/10/03/how-does-arizona-probate-work/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=how-does-arizona-probate-work</link>
		<comments>http://HAROWITZ.NET/2011/10/03/how-does-arizona-probate-work/#comments</comments>
		<pubDate>Tue, 04 Oct 2011 04:53:54 +0000</pubDate>
		<dc:creator>fpsirvent</dc:creator>
				<category><![CDATA[Practice Areas]]></category>
		<category><![CDATA[Probate]]></category>
		<category><![CDATA[arizona probate]]></category>
		<category><![CDATA[conservatorship]]></category>
		<category><![CDATA[trust]]></category>

		<guid isPermaLink="false">http://034898e.netsolhost.com/?p=111</guid>
		<description><![CDATA[There are only a few words in the English language boring enough to put people to sleep immediately. “Probate” has to be one of the worst! So let’s call it something else&#8230;how about “prove”?  It’s not boring to prove something, right?  Everyone likes to “prove their point”, “prove they are right”, etc. And that is all “probate” means: to prove what that person wanted. Usually the person’s desires are proven by submitting a Last Will &#38; Testament, but when that isn’t available our government created default rules. These rules are supposed to line up with what the average person would have wanted. A will ensures that specific desires will be followed. The probate process is used to transfer legal title of property from the person who died to the beneficiaries. Since you can&#8217;t take it with you to the grave, it must be transferred to someone or something (charity, trust, people, etc.) that is alive. The only property that is transferred in this process is the “estate”. An &#8220;estate&#8221; is simply the entire inventory of all assets that the person owned just before he or she died. Anything owned in a different name (like in a trust or a corporation) [...]]]></description>
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		<title>When is a Living Trust Used?</title>
		<link>http://HAROWITZ.NET/2011/10/03/when-is-a-living-trust-used/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=when-is-a-living-trust-used</link>
		<comments>http://HAROWITZ.NET/2011/10/03/when-is-a-living-trust-used/#comments</comments>
		<pubDate>Mon, 03 Oct 2011 23:56:04 +0000</pubDate>
		<dc:creator>fpsirvent</dc:creator>
				<category><![CDATA[Practice Areas]]></category>
		<category><![CDATA[Trusts]]></category>
		<category><![CDATA[conservatorship]]></category>
		<category><![CDATA[probate]]></category>
		<category><![CDATA[revocable trust]]></category>

		<guid isPermaLink="false">http://034898e.netsolhost.com/?p=107</guid>
		<description><![CDATA[A trust based estate plan uses a revocable living trust to contain all of the instructions that the client wants to apply to their property at their death. Unlike a will, a living trust springs to life upon signing. It is an independent legal entity with rights and responsibilities of its own. The operations of the trust are carried out by Trustees, rather than Personal Representatives. More about Trustees later. Unlike a will, property is transferred from the client to the living trust soon after signing. The trust becomes the legal owner of the property for state and some federal law purposes. When a death occurs, the trust is already the owner and does not need to go to the probate court for supervision. Typically, the client is also the trustee. Upon the death of the client-Grantor the terms of the trust automatically transfer power and responsibility to the successor Trustee who is the person or persons the Grantor has chosen to act as the Trustee after the Grantor&#8217;s death. If you look at the operative provisions of a trust, you will see that they are very similar to those included in a will. This is particularly true for the [...]]]></description>
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