The Law Office of Matthew Kress, LLC

10/28/2024

Just because you have a piece of paper that says you are able to do something (like a power of attorney), it does not mean that the person you give it to is going to comply. Should they? Probably. Will they? Varies by person and by company.

And your attorney does not have a magic wand to make them comply.

You (or your attorney) can ask nicely and explain what it is in their best interest to do what they are supposed to do. You can escalate the issue. If it is a big enough company you can involve their legal department. Your attorney can write a threatening letter.

But, at the end of the day, they might still refuse for completely inappropriate reasons. Then, generally, your recourse is to take them to court (which no one really wants to do.)

This is not what people want to hear, but it seems like it is what people need to hear.

10/21/2024

Just a quick reminder that it is vitally important to keep your estate planning documents (including power of attorney and advance directive for healthcare/ power of attorney for healthcare) in a safe location, where you or your loved ones can find them in an emergency. A fireproof box or safe at your home would be great, so long as anyone who needs to be able to get it, knows not only where it is, but how to get access to it (make sure they have the combination or know where the key is.) If you change the location, be sure to let everyone know.

Don't stick them in a safe deposit box unless the people that need to access them are authorized to access the safe deposit box without your help AND in the event of your death. For example, if someone is your agent under a power of attorney and the only copy of the power of attorney document is in your safe deposit box, they aren't going to be able to get access to it....

09/04/2024

Sort of estate planning, sort of elder law tip of the day. Don't wait to get power of attorney for a parent/grandparent showing cognitive decline/ signs of dementia. It is not an easy conversation to have up front, but if you wait too long, they may lack the capacity to appoint you as their agent under their power of attorney (and health care agent under their advance directive). If that happens, then you might not be able to help them without getting the court involved to appoint you as guardian/conservator.

07/18/2024

Legal tip of the day: If you receive a summons from Federal Court that says you have 21 days to respond, don't way 25 days to send it to your lawyer and ask for help.

05/31/2024

This is my infrequent reminder to make sure that all of your accounts have beneficiaries named on them. Or if they don't, that you have a good reason for not doing it. Too many people coming in at the list minute (like when someone is dying) and saying that they need to get things taken care of.

03/20/2024

If you are going to move in with your parents to provide caregiving services (or parents, if you are expecting one of your children to move in with you and provide same) you should consider entering into a written agreement if there is an expectation that the care-providing child be compensated after you pass. In some states it is presumed that a child (or family member) providing caregiving services is doing it gratuitously. If this arrangement isn't documented in writing, this can lead to some nasty litigation when the other siblings don't think that their share of Mom or Dad's estate should be diminished just to compensate the care-giving sibling. As always, consult an attorney in your state to discuss this.

02/12/2024

Scammers are getting very sophisticated. If your bank calls you about possible fraud, don't take any action. Hang up and call them at the number on the back of your debit or credit card and ask for the fraud department.

Andy Cohen stops by TODAY to share a warning after his experience of having his bank account hacked in an imposter scam. Cohen says the scheme is very easy to fall prey to and wants to spread awareness of how it is presented so that others don't fall victim.

07/24/2023

Posting notices to your page denying Meta rights to your pictures has no legal effect.

06/15/2021

Since it is Elder Abuse Awareness Day today, I thought I would share this information provided by the FBI. The statistics are interesting, but the tips to help elders avoid being defrauded are really important to share.

The FBI's Internet Crime Complaint Center (IC3) today released its 2020 Elder Fraud Report at www.ic3.gov. In 2020, IC3 received a total of 791,790 complaints with reported losses exceeding $4.1 billion. Based on the information provided in the complaints, approximately 28% of the total fraud losses were sustained by victims over the age of 60, resulting in approximately $1 billion in losses to seniors. This represents an increase of approximately $300 million in losses reported in 2020 versus what was reported by victims over 60 in 2019. More info can be found here.

Here’s how you can protect yourself and family members:

1) Do not give out personal info by phone, mail, or the internet unless you initiate the contact.
2) Always use publicly available sources to confirm you are using legitimate contact numbers and addresses for a business or agency.
3) Do not pay for fees or services with a gift card. Legitimate services will not request payment like this.
4) Be wary if someone tells you that you have to pay immediately or the offer will disappear.
5) Be wary if you have to pay any fee or provide bank account information for a “free” gift, vacation or prize.

As the old adage goes – if it sounds too good to be true, it probably is.

If you have been victimized by an online scam, report your suspicious contacts to the FBI. You can file an online report at the FBI’s Internet Crime Complaint Center at www.ic3.gov or call your FBI local office.

You may file a complaint with the IC3 if you believe you have been the victim of an Internet crime or if you want to file on behalf of another person you believe has been such a victim.

06/02/2021

Estate planning tip of the day: when developing your estate plan, remember that your executor/personal representative/ trustee will need to be able to access funds to pay for expenses of administration (Court filing fees, recording fees, attorneys, CPAs, etc.) as well as taxes. The estate tax exemption in Oregon is only $1mil and with the way the value of homes has increased, more and more estates will be subject to the estate tax. Estate administrators need to be able to make all of those payments.

11/09/2020

Once you've created your living trust, don't forget to fund it. And make sure that it stays funded.

One issue that I frequently run into with probates, is being forced to do a probate for someone who had setup a living trust, but either didn't fund it initially or forgot to make sure that subsequently acquired assets were funded into the trust. This is often caused by a refinance where the bank/refinance firm requires the owners to take the property out of the trust, but then fails to help them put it back it. Or it's because a home is sold and the new property isn't put into the trust -- this also happens with bank accounts too.

The other big thing to check for, not related to trust funding but still a big issue, is making sure that beneficiary designations on accounts are current, especially if you've married or divorced since you set them up. I see articles several times throughout the year about the ex-spouse receiving life insurance or retirement benefits because someone forgot to change their beneficiary designation. Don't be that someone...

Your real estate holdings, life insurance, bank accounts and retirement savings won’t magically flow into your trust. You have to put them there. Failure to do so could mean months of probate court hassles for your heirs.

10/22/2020

Phishing, smishing, vishing, and Government Imposter Scams. (I admit, I had not heard of "smishing" or "vishing"!)

Here is an informative, and timely, article from the FDIC on various types of scams and how to avoid them. On a personal note, a few days ago I received 15 telephone calls from various Ohio numbers in the span of about an hour purporting to be from Apple Support. Be vigilant. Protect yourself. And don't fall prey to these scammers!

A brief excerpt from the article:

Avoid phishing, smishing, vishing, and other scams
Criminals are constantly trying to steal consumers’ personal data using fake emails, websites, phone calls, and even text messages. They use a variety of ways to try to trick people into providing Social Security numbers, bank account numbers, and other valuable information. In many cases, their goal is to steal money from you. This article defines some terms used for different online scams and how they work, so you can protect your money.

How do scammers contact their victims?

Phishing is a term for scams commonly used when a criminal uses email to ask you to provide personal financial information. The sender pretends to be from a bank, a retail store, or government agency and makes the email appear legitimate. Criminals often try to threaten, even frighten people by stating “you’re a victim of fraud” or some other urgent-sounding message to trick you into providing information without thinking. Don’t do it.

Smishing is similar to phishing, but instead of using email, the criminal uses text messaging to reach you. Same idea, they pretend they are from an organization you might know and trust (such as a bank or the IRS) and try to get your personal information.

Vishing, similar to phishing and smishing, is when scammers use phone services such as a live phone call, a “robocall,” or a voicemail to try to trick you into providing personal information by sounding like a legitimate business or government official.

The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.