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As I read the news about Protectmarriage.com’s challenging of Judge Vernon Walker’s ruling against California’s Prop 8, I was astounded at the sheer stupidity of the challenge itself, and it brought to mind the “Chewbacca Defense” from South Park fame. For those unfamiliar with the Prop 8 case and the recent appeal, several Californians were grasping at straws to stop the state from moving back towards marriage equality by appealing retired Judge Vernon Walker’s original ruling since he had since come out as gay and stated that he had a long-time partner. For those unfamiliar with South Park’s “Chewbacca Defense,” an episode highlighted a lawsuit by Chef against a big record company that stole one of his songs, and record company attorney Johnny Cochran pulled out a picture of Chewbacca and argued that it didn’t make any sense that a wookie would live on Endor with a bunch of Ewoks, and while it had nothing to do with the case, if Chewbacca living with Ewoks didn’t make sense, then you must acquit the record company. Click Here to watch the South Park Video

A few weeks ago, Kathy and I helped set up and run the Human Rights Campaign booth at Triad Pride in Greensboro, NC. Amidst the overall activity of the Pride event from the time it officially started right through the time we had to leave four hours later, hundreds of people came through with most stopping to sign petitions against the marriage inequality amendment being considered in North Carolina. In fact, so many people signed the petitions that we ran out of forms and had to use older forms supporting marriage equality in general.

One of the most critical areas of life and estate planning is providing protection for special needs children and beneficiaries. In supporting the needs of children and adults dealing with physical and mental challenges, the U.S. government is pretty good when compared to many other nations. However, the government is also very stringent in making sure that the person receiving support has no other means of support. This often leads to a quandary because parents and other relatives want to provide support in their estate planning documents, but parents know all too well that this well-intended support can quickly lead to a benefits being cut off until all of the inherited money is spent. This presentation will address these questions and many more.

I was as thrilled as anyone to see the legislative victory guaranteeing marriage equality for same-sex couples in New York. There have been several other states that have come to marriage equality through court interpretations of their state constitutions. While we can still count these court cases as victories and can chalk up another state for equality, the victory is always a little sweeter when the elected representatives affirmatively vote for equality.

Read our latest Newsletter Click Here Topics covered: – New York Marriage Law Posts Equality Victory If Not New Substantive Rights – Triad Pride Brings Out Equality Supporters – Prop 8 “Chewbacca Defense” Fails Miserably Wish to review our past newsletters, can’t find your older ones Click Here

As I start to see more and more clients who are trying to qualify for Medicaid or help their loved ones do so, I start to hear comments from people (who, incidentally, are not clients) about the reorganizing of assets being “cheating the system.” Somehow or another they think they are defrauding the government by working within the rules to preserve as much of their life savings as possible. That’s when I encourage them to think about Medicaid differently.

A few weeks ago I saw the doctor and realized I wasn’t 25 anymore. While I had gradually dropped a good 40 pounds of weight over the last two years, the doctor still gave me a good talking to about good nutrition and consistent exercise. In recent years I was going to the gym “when I could fit it in,” and food was whatever I had around the office at the time, and McDonald’s was a staple while on the road. (While in recent years McDonald’s has been excellent about offering healthier alternatives to the double hamburgers and McChickens, I wasn’t choosing those alternatives.) I was told in no uncertain terms that a strict, healthier diet was needed, and daily exercise was now a priority and not “when I could fit it in.” Here’s the info on what I’ve been doing food-wise; the exercise will come in a later article.

OK, the word “scam” may be harsh sounding, but the way some attorneys use it does sum things up pretty accurately. I have been getting a lot of questions lately from clients and financial advisors about what a “trust under will” does and how some clients are being told by other attorneys that it is a way to avoid probate. Basically, a trust under will is a trust that becomes active after death, and the terms of the trust are spelled out in the Last Will and Testament, such as inheritance age limits. These testamentary trusts will even have a proper name, and now financial accounts and life insurance can list the proper name of the “trust under will” as the beneficiary. And because the account pays directly into this trust, we are told “there is no probate.”

Read our latest Newsletter Click Here

Topics covered:
- Legal Tip of the month – Beneficiary Designations
- Review of the National Institute for Domestic Partner Estate Planning Seminar
- Consumer Responsibility is as Important as Corporate Responsibility

Wish to review our past newsletters, can’t find your older ones Click Here

This is Part Two of an extensive article on Medicaid family planning. In trying to address the problems of families losing everything they worked their whole lives for just to qualify for Medicaid, Mr. Marsocci is conducting workshops to show people that they don’t have to go broke to qualify for Medicaid. For more information on these events, please go to www.MedicaidWorkshops.com.