Ninth District Legal Assistance Program Legal Assistance Brief Reserve All Hands April 24, 2005 Steve Lynch, D9 Legal Assistance [email protected] 216-902-6010

Ninth District Legal Assistance Program

Legal Assistance Brief

Reserve All HandsApril 24, 2005

Steve Lynch, D9 Legal Assistance

[email protected]

216-902-6010

Briefing Covers

Overview of Services

SCRA

USERRA

POAs, AMDs, Wills

Identity Theft

Questions & Comments

Authority & Eligibility

EligibilityActive duty military personnel &

dependentsReservists for pre-deployment mattersRetired military personnel and dependents

Legal Assistance Program Includes

Individual Client Legal Services Advice

Referral

Documents

Limited Representation – Not in-court

Preventive Law Program – Circuit Rider, XO

E-mails, Web Page, Networks

Legal Assistance Topics

Family Law Guardianship

www.co.oakland.mi.us/probate/division_committee/estates-

division.htmlSupport

Support Guidelines www.acf.dhhs.gov/programs.html www.michigan.gov/fia/1,1607,7-124-5453_5528---,00.ht

ml

Adoption – www.adoptionfamilycenter.org/resources/states/bythenumbers.htm


Financial Interest Rate Reduction to 6% - Say what?

Garnishments & Wage Offsets Travel Reimbursements? Yes. ALCOAST 191/00

Bankruptcy http://www.mnb.uscourts.gov/

Consumer debt http://www.ag.state.il.us/consumer/consume.htm


ImmigrationCitizenship

Estate Planning - Wills

Landlord-TenantSecurity DepositsEarly termination

SCRA

SERVICEMEMBERS CIVIL RELIEF ACT

CONTACT LEGAL ASSISTANCE PRONTO Car leases – Recall, Deployment or OCONUS PCS

Terminate w/o penalty

Must notify in writing

Deployment must be at least 180 days

Residential lease – Recall, Deployment, or any PCS Same rules, but ….deployment at least 90 days

SCRA

Servicemembers Civil Relief Act Requires a court or administrative hearing to grant at

least a 90-day stay if requested by the servicemember.

Additional stays can be granted at the discretion of the judge or hearing official.

Non-resident member’s income can’t be used to boost spouse’s tax bracket in state where member assigned.

SCRA

6% Interest Rate – RETROACTIVE EAD

Applies only to debts & loans incurred before

active duty AND

Active duty must “materially affect” member’s

ability to pay Student loans exempted Other restrictions apply

USERRA Introduction

Uniformed Services Employment and

Reemployment Rights Act Replaces the Veterans’ Reemployment Rights

(VRR) Act and case law

Gives Reserve and Guard members right to

go back to the civilian job held before federal

military service – several catches

USERRA

Reinstatement of Health Care

Prompt Return to Work

Reasonable Accomodation

Anti-Discrimination

Help – VETS (DoL) and DOJ Bronze Star Recipient – Hired Own Attorney? Legal Assistance May be Able to Help Too

Other Services & Topics

Powers of Attorney

Wills/SGLI Beneficiaries

Advance Medical Directives

Servicemembers Civil Relief Act

Powers of Attorney (PoA)

POA – designate agent to act on behalf

of principal

Agent has same legal authority as

principal for those acts

Others need not honor a POA

General vs. Special POA

General POA – agent can do

ANYTHING principal could doWorst cases do occur

Special POA – limits agent’s authorityRecommended – lowers risk

Out of 100 POAs – how many SPOAs?

Special PoA

Special PoAs are recommended for:Household goods - Possession/moving

Housing – Accept/terminate/ clear

Use/license/register autos (not sell)

Handle legal proceedings

Collect money due you

Advanced Medical Directives

Living Will or Directive to Physician States your wishes if you become incompetent

Durable General POA, with or without a

“springing clause”. If you are incompetent, another acts for you

Medical POA to make your medical decisions for you

SGLI, Wills, and Probate

SGLI is paid outside probate, e.g. to spouse or

trustee for minor children

Will generally does not affect who gets SGLI --

SGLV form controls funds

Will only affects assets subject to probate Your Will may give your motorcycle to your brother Do you know who gets the $250K SGLI proceeds?

Who needs a will?

Individual call Ordered to get one? Not a good idea

Most need one, especially those with

children or who may have children

Without will – court appoints “executor” That means time and $$$

Will

Avoiding Probate

Life insurance proceeds with beneficiary designations --Make insurance payable to “My trustee to fund a trust

created in my will for the benefit of my child(ren)”There will be probate if payable to “My Estate”

Joint Tenancy with Right of SurvivorshipMarried couples often own homes and bank accounts

in this form

Avoiding Probate

Statutory beneficiary designations:Signature card for bank accounts and securities

No access during your life time & payable to the

named beneficiary only on your death

“In Trust For...” = ITF (add the name here)

“Pay on Death...” = POD (add the name here)

Avoiding Probate

Death benefits/pension plans

Individual Retirement Arrangements (IRA)

with designated beneficiariesAdd a contingent beneficiary

Inter Vivos (Living) Trust Only if assets transferred to or titled in the

name of the trust

Will Covers Only Your Probate Estate

Probate Estate is:Assets in your name alone

Tenants-in-Common - Your portion/share

of this asset

Community Property - Your half

Parts of Your Will

State of domicile - This is where your estate will be probated upon your death

Beneficiaries - Usually spouse then children - but held in trust until the age you designate -- We recommend 21 to 25 yrs.

Personal Representatives/Executors

Will

Parts of Your Will

Trust for minor children terminates at age you designate, e.g. 21 yr.

Trustee to manage the money for children

Guardian for minor children

Will

TrustFund

What is Identity Theft

Acquiring key pieces of someone’s

identifying information in order to

impersonate themNameAddressDate of birthSSANMother’s maiden name

What Is Identity Theft

PurposeTake over financial accountsOpen new bank accountsObtain loansObtain credit cardsObtain social security benefitsPurchase property (autos, etc)Rent property (apartments, etc)Establish services (phone, utilities, etc)

Credit Reports

Who to contact: FREE REPORTS 3/1/05!

EquifaxPO BOX 105873Atlanta, GA 30348-5873Telephone # 1-800-997-2493www.equifax.com

TransUnionPO BOX 390Springfield, PA 19064-0390Telephone # 1-800-916-8800www.transunion.com/

Experian InformationSolutions(Formerly TRW)PO BOX 949Allen, TX 75013-0949Telephone # 1-800-397-3742www.experian.com/

Action Steps for Victims

Contact all creditors by phone & in writing, to inform them of problem

Call your local police and your nearest Postal Inspection Service and/ or US Secret Service office

Contact the Federal Trade Commission to report the problem

Call each of the 3 credit bureaus’ fraud units to report identity theft Initiate a Fraud Alert/Victim Impact report


Alert bank to flag accounts and confirm any unusual activity

Request PIN change and new password Log all contacts/keep copies of

documents Contact Dept. of Motor Vehicles

See if another license was issued in you name

If so, request a new license number and fill out a complaint with DMV


Contact the SSA’s Fraud Hotline1-800-269-0271www.ssa.gov/oig/ifyou.htm

New SSN?Possible, but ….Show disadvantage & best efforts to

resolve Local office discretion

http://www.ssa.gov/pubs/10064.html

Report Identity Theft

Equifax Credit Bureau 1-800-525-6285 http://www.equifax.com/

Experian Information Solutions 1-888-397-3742 http://www.experian.com/

TransUnion Credit Bureau 1-800-680-7289 http://www.transunion.com/

Report Identity Theft To

Federal Trade Commission1-817-FTC-HELP

Social Security Administration1-800-269-0271

Local PoliceFile a police report

Scam Alert - Counterfeit Cashier’s Check

Seller offers car for $5000 on E-BayBuyer accepts offer but sends cashier’s

check for $8000 and asks that seller wire

“extra” $3000 to another account

Scam Alert (cont.)

Seller deposits cashier’s check Bank vouches for validity of cashier’s check

Seller given immediate access to funds

Seller wires extra funds to another account

Week later seller contacted by bank Cashier’s check is counterfeit

Seller must replenish the funds or else

Scam Alert - Counterfeit Checks & Escrow Accounts

Don’t send, buy, or sell anything to anyone in

Nigeria or West Africa Newspaper story

http://www.twincities.com/mld/twincities/news/columnists/4645425.htm

Attorney General Alert http://www.state.ia.us/government/ag/consumer/

advisories/Nigeria_Mar_2003.html

Beware - Bogus Escrow Accounts – E-Bay

Contact Points

For Legal Assistance D9 - (216) 902-6010

Great Lakes – (847)688-4753

Ft. Drum - (315) 772-5261

Helpful Web Sites:

- wwwstage.uscg.mil/legal/la/

- http://www.uscg.mil/d9/D9Legal/

Common Questions Why are lawyers buried twelve feet

under? Why don’t lawyers ever burn in the sun? Any (other) questions or comments?

Thanks – trust me, I’m a …. (216)902-6010 [email protected]

Questions & Comments