topLAW OFFICES Of BRADLEY J. FRIGON
6500 S. Quebec Street, Suite 330
Englewood, CO 80111
720-200-4025     720-200-4026 (fax)
In This Issue
Putting Your Home at Risk
Nursing Home Ratings
 
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NewsNews & Announcements 
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Did you know Brad has a new book out? Fundamentals of Special Needs Trusts with Stuart D. Zimring and Rebecca C. Morgan. The book is a legal treatise on Special Needs law. To order your copy, click here or call 1-800-223-1940.

Brad will be a featured presenter at the University of Texas School of Law "Changes and Trends Affecting Special Needs Trusts" conference in Austin, TX February 11-12.
 
 Brad will be giving a presentation to the 2010 Wealth Strategies Laureate Gathering in San Diego, CA February 25-26.
 
 Brad was recently nominated as an officer for the National Academy of Elder Law Attorneys (NAELA).

The Law Offices of Bradley J. Frigon is a member of the Better Business Bureau (BBB).

 Are you looking for a speaker for your next group luncheon or networking event? Call us at 720-200-4025 and schedule a speaking event with one of our attorneys. It will be informative and interesting!
 
 
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Have questions about attending local programs? Contact us at 720-200-4025 for more information.
 
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Legal Link
Your Personal Guide to Estate, Probate and Long-Term Care Planning 
February, 2010 
 Dear Clients and Friends,
  

        For most of us, our home is our biggest asset. But did you know that by adding someone's name to the title of your home, you may be putting your home in jeopardy? This month's article, "Putting Your Home at Risk" explains why you should always consult with an attorney before you put someone else's name on the deed to your house.

 
           Searching for the right nursing facility can be a daunting process. Fortunately there are resources to help. A recent U.S. News & World Report article provided rankings of America's Nursing Homes and presents the homes in an easily searchable online database. To learn more about this ratings system, read "Nursing Home Ratings." 
 
      Wondering what you might have missed in past editions of Legal Link? All of our past newsletters are now available to view on our website. Click here to explore.
 
_______________

 
The Law Offices of Bradley J. Frigon is committed to providing quality personalized legal services with the highest level of integrity and professionalism. We assist clients with wills, trusts, probate and trust administration, probate litigation, Medicaid and public benefits planning, tax planning, guardian & conservatorships, special needs trusts, and small business planning.
 
Your comments and questions are important to us. You may send them to
tlusk@bjflaw.com.
 
As always, we hope that you enjoy the articles in our newsletter and encourage you to forward the newsletter to anyone who is interested.  

Client Testimonial      

"I trust Brad (Frigon). He has been very knowledgeable, professional and most of all, very kind. Brad's dedication to helping our family and my husband, who has Parkinson's disease, has made such a difference - he certainly has been wonderful to us."

- Carolyn N., Loveland, CO

 
willPutting Your Home at Risk
by W. Eric Kuhn
home      For most of us, our home is our biggest asset. We protect our home with insurance and generally spend a lot of money to keep our home in top shape. We would never intentionally do anything to put our home in jeopardy. But that is exactly what many families do when they add someone's name to the title of their home. The following case will help illustrate why you should always consult with an attorney before you put someone else on the deed to your house.
 


   
socialsecurityNursing Home Ratings
by Bradley J. Frigon
nursing home
   

        A recent U.S. News & World Report article provided rankings of America's Best Nursing Homes.  The federal Centers for Medicare and Medicaid Services (CMS) collects data on nursing homes and rates them in its Nursing Home Compare program, with over 15,000 nursing homes ranked.  CMS's information is grouped by performance in health inspections, number of nurses, and quality of care. The agency's ratings are from one to five stars in each category, and an overall rating from one to five stars. U.S. News & World Report's rankings are based on an analysis of CMS's data, and presents the homes within each overall one to five star rating in tiers in an easily searchable format.

  

Read more
 
wealthPutting Your Home at Risk (continued
 

        In Colorado, once a party to a lawsuit has won a judgment, he or she can convert that into a judgment lien against real property by filing what is called a transcript of judgment with the clerk and recorder in any given county.  For a period of six years (or twenty years if the judgment is revived), any property in that county owned or acquired by the person the judgment is against (called the judgment debtor) will automatically have a lien against it to satisfy the judgment. It does not matter if the judgement debtor owned the property for just one day. The judgement lien attaches to the property and does not go away even if the judgement debtor's name is subsequently taken off the title to the property.

        For example, let's say dad has two children and one of them has been down on his luck and has moved back home. Dad may not appreciate the full extent of his son's bad luck but wants to help him out and gives him a free room.  Dad is told by his neighbor that he will avoid probate if he puts his children's names on the title to the house as joint tenants. Later, dad changes his mind and the children all convey title to the house back to dad.

        When dad passes away, probate is opened and the estate needs to sell the house to pay debts. The house is put up for sale and goes under contract.  When the title work comes back, it shows that a transcript of judgment was recorded against the son's name. The title company will not allow the sale to go through until the judgment is paid off.  Since there is not enough equity in the house, and since there is more than one beneficiary, the estate suddenly has a very large and very unexpected problem. All the rest of the children end up paying for the one child's debt because the lien attached to the real property. As you might guess, everybody is mad except for the son's creditor.

        The question of whether or not there is an enforceable lien is a very complicated question. It might involve a lawsuit to quiet title or negotiating with creditors to settle things.  What is important to remember is that putting someone else on the title to your property -- whether for estate planning or other purposes -- can expose that property to their judgments, even judgments that have happened in the past. Always talk to your lawyer before you take this step.

 



VeteransNursing Home Ratings (continued)
 

        Health inspection ratings are based on state survey team inspections, which occur every 12 to 15 months. The visits include a checklist of about 180 items, including infection control and food preparation, as well as medication management, residents' rights and quality of life. Investigators also review complaints from residents and their families. Ratings depend on how many "deficiencies" are found, how serious the deficiencies are, and how many residents were or could have been affected. CMS wants to know how many nurses a facility employs, and calculates how much time, on average, nurses and nurse's aides spend with each resident per day. 

        For the quality of care rating, the medical status of residents is measured in ten areas related to bedsores, pain, and other clinical indicators. 
 
U.S. News & World Report lists several tips that can help in a search for a nursing home:

Distance. A nursing home close by makes it easier to monitor care and visit the family member.

See if residents' wishes count. For instance, a married couple might want to room together.

How well does the staff know the residents? "Consistent assignment" can make a big difference.

Look for a variety of activities for residents. Wii fitness sessions, games, sing-alongs, classes.

Ask about staff turnover.  Good facilities provide staff with good benefits and perks to help minimize staff turnover.

Look for nursing homes that are moving toward "de-institutionalizing" their facilities by changing from hospital-like qualities such as rooms lined up in corridors to smaller "households" with 10 to 30 resident rooms around a communal kitchen and living room. 

        Like all rating systems, nothing takes the place of your own personal inspection. Reviews and inspections always lag behind. A facility that has a positive rating may have recently changed management or been purchased by another company. We always recommend that you consult with a professional to assist you with the placement of a family member in any facility.

For more information on the nursing home ratings, including the searchable database, please visit:
http://health.usnews.com/sections/health/best-nursing-homes/index.html.

       

QandAQuestion
"Is there a cost-effective way to protect my assets during my lifetime, make sure I'm cared for if I become unable to take care of myself and still have control over what happens to my estate after I pass away?"

Answer 
Yes. The Law Offices of Bradley J. Frigon is focused on the entire spectrum of estate planning and elder law. We assist clients with estate planning, estate and trust administration, probate litigation, Medicaid and public benefits planning, tax planning, corporate issues, and special needs trusts.
 
Read more at www.bjflaw.com 
 
Call us today at 720-200-4025 to schedule an initial consultation and discover your options.

 
Sincerely,

Law Offices of Bradley J Frigon
The Law Offices of Bradley J Frigon
6500 South Quebec Street, Ste. 330
Englewood, CO 80111
Phone: 720.200.4025     Fax: 720.200.4026