Some helpful information about giving to charities

Ask Sam, who provides useful tips about a host of topics, recently provided this highly useful information about charitable organizations.  http://www.journalnow.com/news/ask_sam/ask-sam-maximize-the-impact-of-your-donations/article_7f39f8b4-e8d5-5969-89b6-13f9836cb1d8.html.  Go Sam!

I recently answered a question for ASK SAM in the W-S Journal about advance directives. Here is the link to that, which I hope you find helpful to you. http://www.journalnow.com/news/ask_sam/ask-sam-advanced-directives-should-be-reviewed-at-least-once/article_80436031-1242-5585-8697-b8947e9755a3.html.

Merry Christmas to all!

Mike

My grandson, the Jedi, at Disney World

A recent announcement in which you may be interest

http://www.bizjournals.com/triad/blog/morning-edition/2014/10/triad-attorneys-form-a-new-firm.html

Some helpful advice about care options for the senior citizens in your family

One of the growing concerns of our families today is what to do about the care of our aging seniors. 

Here is a helpful primer of our main choices, and how we go about making the best choices for our seniors.

Residential Care Options.  There are four main ones: 1. homecare; 2. independent living; 3. assisted living, which often has a memory deficit level of care, such as Alzheimer’s; and 4. the nursing home.

The choice of our seniors, not surprisingly, is to stay at home if at all possible. There are a number of reputable companies which can assist seniors to stay in their home and to outsource many routine activities such as home maintenance, financial record keeping, and various personal and health care needs. 

It is especially important that you use reliable companies that do necessary background checks on anyone who comes into the homes of your senior on a regular basis.

Geriatric care managers are resource people which are familiar with how to assess your senior’s care needs, and they know the best local options available to your senior, depending on their needs and available assets. Some providers which work in the senior care area have a geriatric care manager on staff, including at least one law firm which concentrates in part on Elder Law issues. This has been proven to be a very valuable resource to families and clients.

Senior Services (336-725-0907) is a highly reputable local organization which can inform you of names of home health care companies and geriatric care managers in our area which can assist you in assessing residential care options. 

The cost component of the equation is an important piece, because residential housing alternatives, with necessary medical care, can get expensive.

There are three ways to pay for this care:  out of our own assets in whole or in part, long-term care insurance, or an applicable governmental program.

Pay as you go. Your senior can pay for the care out of their own assets, or family members can pay for it.

Long-term care insurance. Your senior must be in reasonably good health to qualify for long-term care insurance.  If your senior qualifies medically and they decide to purchase long-term care insurance, be sure to use a qualified agent who knows fully the best and most cost-efficient options available. Be sure the company has a high rating for financial stability (deep pockets.) If you are a care provider who is in your fifties and in good health, you should consider purchasing a policy yourself as well.

Government benefits. There are very limited federal benefits available for home care, if your senior qualifies.  There are also limited state benefits at the assisted living level.

The main governmental assistance program is Medicaid for nursing home expenses.   You must have limited so-called countable assets to qualify for Medicaid. With planning, however, middle class seniors can often save some of their assets and not spend them totally on the nursing home in their last days before they are eligible for Medicaid.

There are a number of misconceptions about so-called Medicaid planning.  A reputable elder law attorney can assist you in separating fact from fiction.

It is essential that you explore necessary options before there is a health or financial crisis with your senior.  Your senior will be reluctant to go to an attorney to take full advantage of available options. But a lot of money and heartache can be spared if you examine the options available to your senior while they still have choices.

Why North Carolina should pass the constitutional amendment allowing bench trials in certain criminal trials

North Carolina is the only state in the country that does not give a presiding judge to hold a bench trial in certain criminal felony charges, if the defendant so requests it.  Here is an editorial from the Winston-Salem Journal that endorses the passage of the amendment by the voters.http://www.journalnow.com/opinion/editorials/editorial-endorsements-the-bench-trial-amendment/article_cc7a88e8-561a-11e4-817e-001a4bcf6878.htmlhttp://www.journalnow.com/opinion/editorials/editorial-endorsements-the-bench-trial-amendment/article_cc7a88e8-561a-11e4-817e-001a4bcf6878.html

Editorial in favor of the amendment to allow defendants to waive jury trials in certain felony matters

49 states allow a defendant in a criminal case to waive a jury trial for certain charges.  Only North Carolina fails to provide this practical and efficient option.  The Winston-Salem Journal recently endorsed the amendment's passage, which I commend to you.  Here is the link to the editorial:http://www.journalnow.com/opinion/editorials/editorial-endorsements-the-bench-trial-amendment/article_cc7a88e8-561a-11e4-817e-001a4bcf6878.html.

I hope you will vote this election, and that you will vote "for" the amendment.

a letter of endorsement for Valene Franco for Forsyth County District Court published in the Winston-Salem Journal

I was privileged to write a letter in support of my friend, Valene Franco, for a position as Forsyth County District Court Judge.  Here is the link to the letter:http://www.journalnow.com/opinion/letters_to_the_editor/the-reader-s-forum-wednesday-letters/article_07e87792-5ec6-11e4-abd1-001a4bcf6878.html.

If you live in Forsyth County, North Carolina, please consider voting for Valene.  She is a worthy candidate.

Recent article about our new firm in W-S Journal

Here is the recent article about our new firm in the WS Journal. And check out the brief video.http://www.journalnow.com/eedition/mapping/local-lawyers-form-new-practice-in-w-s/article_9ac1d25b-4e62-53d3-baaa-f988c13878cc.html?mode=jqm

update on our new law firm

Dear Friend,

I am writing to you because I have some exciting news to share! This summer, I joined with B. Bailey Liipfert, III and R. Michael Wells, Jr., two experienced and well regarded lawyers, to form a new law firm, Wells Liipfert. We are now located at 380 Knollwood Street, Suite 620, in Winston-Salem.

Without the overhead of a large office, and greater efficiencies because of our investment in the latest technology, we are able to provide excellent legal services in a much more timely manner. Our experienced attorneys and paralegals continue to offer the same high level of personal service that we have provided in the past. As the 2012-2013 President of the N.C. Bar Association, I had the opportunity to visit many firms across the state and nation, and found that this trend of matching the client with the best lawyer, with the smartest use of technology, and in the most efficient manner, is the model most beneficial to clients, and the one we are delighted to have chosen for Wells Liipfert.

Bailey Liipfert is an Elder Law Attorney certified by the National Elder Law Foundation and by the North Carolina State Bar Board of Legal Specialization. His practice focuses on estate planning, estate administration, elder law, disability planning and fiduciary administration of special needs trusts.

Michael Wells is a litigator with an active practice in the areas of Social Security Disability, VA Disability, general civil litigation, immigration, and wills and estates. Super Lawyers Magazine has named him a "Rising Star" in 2010- 2013. (You can see information about selection criteria at www.superlawyers.com.)  Business North Carolina Magazine has named him one of its "Young Guns" for 2011- 2014. He is currently the Chairman of the Young Lawyers Division of the North Carolina Bar Association.

Like all law firms, our firm will focus on certain primary areas of the law, such as estate planning/administration, elder law and trusts, and personal and business litigation, including Social Security Disability matters. But we will continue to provide advice to our clients in other areas of the law, including: real estate, corporate governance, veterans' benefits and immigration. Moreover, we have established a series of relationships with select law firms in the Winston-Salem area (and across the state) to assist our clients in other areas, including corporate and business contracts, employment law, family law, debtor-creditor issues, and more.

Additionally, as you may know, our state legislature has now completed its 2014 session. We have prepared a brief summary of applicable new laws (as we did in 2013). Please contact me at mike@wellsliipfert.com or call 336-283-8700 if you would like to receive a courtesy copy of this valuable summary.

Thank you for your ongoing confidence. We hope to have the chance to serve you again. In the meantime, please visit www.wellsliipfert.com for more information about our new firm.

Sincerely,

 R. Michael Wells ere is a letter/email that went out recently to various friends and clients.  Very exciting for all of us!

A talk on Leadership at Leadership Kernersville last week

I was pleased to be asked to speak on Leadership to this year's class of Leadership Kernersville. LK has a very strong program, and I am honored to

be part of it for each of the last three years. 

Back from an evening with world class artist Yo Yo Ma

Janet and I had the privilege of hearing one of the world's greatest living artists, Yo Yo Ma, at the Winston-Salem Symphony recently. We had a high time!

My picture in the former post as I head out to my seminar at National Insurance

Useful information about how to protect yourself from negligent drivers

Here is some free and useful information about how to protect yourself from negligent drivers.

If you are involved in a serious motor vehicle accident which is not your fault, and there is inadequate liability insurance coverage for the at-fault driver, the adverse economic impact on you can be significant.

 Most of us think defensively about whether or not we have adequate liability insurance coverage. We can protect ourselves from liability exposure by being careful and prudent drivers, and by carrying higher levels of liability insurance.    But the larger risk for responsible drivers may be that a negligent driver with inadequate insurance harms us and leaves us exposed financially.

There is little we can do to protect ourselves from drivers negligently causing us harm, other than to drive defensively, especially when approaching busy intersections, passing side streets with stop signs that are sometimes viewed as being optional at busy times of the day, and  being on the lookout for those using cell phones or texting while driving. However, we can limit significantly the adverse economic impact on us caused by these negligent drivers.

Consider this situation:  you are in a wreck which is not your fault.  In addition to medical bills, which your health insurance carrier may pay, you are out of work for several days and even weeks.  The negligent party has no insurance, or the minimum coverage of $30,000 per person per accident. 

 Your economic loss for being out of work, not even considering your other compensable damages (pain and suffering and permanent injuries among them), is going to be significantly greater than $30,000. The negligent party’s other assets are rarely adequate to compensate you fully for your loss.

This risk of economic loss is particularly dangerous for higher income wage earners.  If a family has higher living expenses, including a large mortgage, the family may be thrown into temporary economic turmoil.

 Relatively recent changes in state insurance laws give vehicle owners more options regarding uninsurance/underinsurance coverage. But be fully aware of the consequences of giving up relatively inexpensive additional coverage.

The minimum limits for liability insurance a vehicle owner must carry is $30,000 per person, and $60,000 per accident.  Many of us carry higher limits, but statistics show that many more of us carry the absolute minimum limits.

A vehicle owner who purchases higher liability limits has the right to reject the extra coverage for the same uninsurance/underinsurance limits.  Owners often make uninformed decisions, not fully recognizing the risks of their decision. While the cost of this extra coverage is a few dollars, the financial risk by failing to have this coverage is significant.

 For example, let’s say you have liability insurance coverage and underinsurance coverage of $100,000 per person per accident. If you have a loss of $75,000, and the negligent party has the minimum coverage of $30,000, your own underinsurance carrier will “stand in the shoes” of the negligent party for the other $45,000 of the claim ($75,000 claim, less the $30,000 coverage paid by the negligent party’s insurance carrier).  With underinsurance coverage of $100,000, therefore, you are fully compensated for your loss.

 If you had rejected the extra uninsurance/underinsurance coverage, you and your family are exposed. Your loss, over the $30,000 of coverage paid by the negligent party’s carrier, is $45,000.

 Under the law, if you purchase higher liability limits over the minimum coverage, you may choose uninsurance/underinsurance coverage in the same amounts of your liability coverage, or for a greater or lesser amount of coverage.  Choose the higher UM/UIM coverage if you can afford it.  It is worth the extra cost.

 You should contact your carrier now and inquire about your

Free Legal Program: A recent lunch and learn program I conducted for a large company this week.

This past Thursday I was honored to be asked to speak to National General Insurance Company, a well regarded and growing insurance company with a large number of employees in Winston-Salem. The talk on Estate Planning Basics drew a standing room only crowd of over 75 employees, and lots of good questions.  And a number of follow-up questions over the last couple of days.  And it was all free!

I am pleased to provide these programs as a courtesy to so many of the large companies, universities, colleges, and organizations in the Triad. Contact your HR Department to see if there is one scheduled at your employer.

Recent talk on the law at Wake Forest "Best Health" event

Recent talk at Pepsi on 10 things you should know about the law

Useful, free information on common legal challenges and practical solutions to them.

I write a column monthly for the Winston-Salem Journal, and I also help provide routine advice for their "Ask Sam" column from time to time.  Here are links to my most recent column on common auto accidents and ways to avoid them, and dealing with other common legal challenges. I hope you find these helpful!

http://www.journalnow.com/business/localcolumnists/wells-the-best-accident-is-one-that-never-happens/article_b1ab9c46-e340-54d7-b9ec-77bd730c38dc.html

http://www.journalnow.com/news/ask_sam/ask-sam-ambiguous-court-orders-should-be-clarified/article_7136ebf7-652e-5bfe-a650-cb01d96fabb3.html

A Big Event for Winston-Salem, and a blueprint for progress for all of us.

I recently had the privilege of introducing Dr. Jim Johnson, a celebrated professor at the University of North Carolina at Chapel Hill, as the keynote speaker at the annual meeting of the Winston-Salem Foundation. Dr. Johnson gave the address at our annual meeting last year as well. This is the first time in the ninety-five year history of the Winston-Salem Foundation that we asked a speaker back for a second year in a row. His presentation on significant demographic changes occurring in our midst, and what thoughtful communities should and must do about them, drew a record crowd of over 1000 people. Dr. Johnson is a nationally-recognized authority on this issue.

I encourage you to go to www.wsfoundation.org, and listen to the May 7 address , and to review the power point presentation, too.  

Vote Early and Vote Ofen in the Winston-Salem Journal's Readers' Choice Nominations for 2014.

Friends,

Here is a shameless plug:  The Winston-Salem Journal, for which I have been proud to write a regular column on legal issues for 11 years, is hosting its annual Readers' Choice Nominations.  Last year, our law firm finished second.  Since we know we are first in the hearts of most people in the Triad (!!), this is your chance to have your voice heard.

If you are so inclined, go to www.journalnow.com, the Journal's website, and vote for Wells Jenkins Lucas and Jenkins under "Shopping and Services" law firm.  The Prompt to the contest is on the right-hand side.

Many thanks for considering this!

Mike

Thousands come to celebrate the life, spirit of Maya Angelou - Winston-Salem Journal: Local News

Thousands come to celebrate the life, spirit of Maya Angelou - Winston-Salem Journal: Local News

Organizational Intelligence Tip--a sure fire way to reduce a lot of your daily emails.

Like the rest of us, you have too many emails.  Somehow you got on a distribution list, but you will never have a use for any of the emails from this source.  In the rush of the day you simply delete them.

The problem is you will get several more emails from this source in a week or two week period. Times the multiplier, your Inbox is filled with them, often obscuring your ability to get to the emails that really do matter.

The trick is to unsubscribe to the emails from these sources.  But who has time to do that?

You do, actually.  Just not the time at the time you get the email.

Here's a solution for you.  Set up a sub folder for emails from which you are going to unsubscribe.  Drag all the unwanted emails to that folder as you read them for later processing. When you are waiting to catch a flight, or for an appointment, or at any other time when you have some time, you can whip through them as a group in a short period of time.

Wil summary I did for Ask Sam--BELOW restaurant shout-out

Ask SAM: Local restaurant gets shout-out from Boeheim - Winston-Salem Journal: Ask SAM

Wells: Seniors are unfortunate and easy targets for scams - Winston-Salem Journal: Columnists

Here is a column I wrote to help protect our senior citizens from scams.

Wells: Seniors are unfortunate and easy targets for scams - Winston-Salem Journal: Columnists

"On the Way to the Courthouse" is now on Amazon!

I am pleased that "What I've Learned about Life on the Way to the Courthouse," is now on Amazon.  Here is the link:

http://www.amazon.com/gp/product/0989060403

Here is a lesson about taking chances:The Last Reading Lesson

Here is a lesson I recorded for our local NPR station about being a chance taker.

The Last Reading Lesson

More information from Mike Wells about Scams which target senior citizens

Scammers Target Senior Citizens

Scams perpetrated on senior citizens are big business - some tips

Wells: Scams perpetrated on senior citizens are big business - Winston-Salem Journal: Local Business Columnists

Practical Steps to deal with financial challenges.

Here is a brief video with some practical suggestions about dealing with financial challenges.

http://youtu.be/C9IFBh-I3Vs