Estate Planning Matters - August 2016
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Knock, Knock... Who's There?

Everyone enjoys a good joke and August 16th is National Tell A Joke Day. So, I thought I would start with a good lawyer joke for your enjoyment:

As a lawyer awoke from surgery he looked around and asked "Why are all the blinds drawn?" A nurse answered "There is a fire across the street and we didn't want you to think you had died."

So what does this have to do with estate planning? Nothing directly, but as I am sure most of you know (at least I hope I am preaching to the choir), planning your estate is no joking matter. If you don't plan your estate, you are probably making things more difficult (and likely more expensive) for your family or loved ones.

Did you know that even if all of your assets are in joint name with someone else, you may still need a power of attorney to handle certain assets? Also, not having the right legal documents in place before an emergency not only means your wishes may not be followed, but it could also result in your family or loved ones having to bring a Guardianship Proceeding to gain the legal authority needed to manage your finances or your personal affairs. In most cases this can be avoided by preparing in advance and getting your estate planning documents in place ahead of time.

Do you know that not having a Will also makes things more difficult after you pass away as the process that must be followed is often more complex when a person dies without a Will. To find out more about the types of legal documents you may need for your particular case, visit our website and download our free resources.

I will leave you with one last joke:

They tallied up all the lawyer jokes in existence to find out how many there are and do you know how many they found?

Only three - the rest are true.

Have a great August!


Patrick J. Roth, Esq., CPA

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Has Medicare Dropped Coverage of Your Drugs?
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Has Medicare Dropped Coverage of Your Drugs?

Medicare prescription drug plans can change which drugs they cover, possibly leaving you without coverage for a drug you need. Or you might switch plans, and find that your new plan doesn’t cover your medication at all. In these circumstances, it’s good to know that Medicare drug plans are required to offer you a 30-day transition supply of the drug you’re taking.

All Medicare Part D plans must offer these transition refills, including Medicare Advantage plans with prescription drug coverage. Plans must provide a 30-day supply of an ongoing medication (unless a lesser amount is prescribed) within the first 90 days of plan membership or within the first 90 days of the new contract year.

Plans are also required to provide written notice that you’re using your transition supply, and explain in writing what your rights are.

You’re entitled to a transition refill when you first enroll in a Part D plan, when you move to a new plan that doesn’t cover your current medication, when your current plan drops your medication or imposes new restrictions on the drug, or when you experience a change in your level of care (such as a move from a hospital to a nursing home).

The 30-day supply is designed to give you time to talk to your doctor about substitute medication or request a coverage exception from your current plan. If you ask for a coverage exception, your plan must provide temporary refills until the request has been processed.

Residents in long-term care facilities get additional protections. If you’re in a long-term care facility, your plan must cover all the 30-day refill requests you submit in the first 90 days on the plan. After the first 90 days, the plan must offer an emergency 30-day supply if your request for an exception has not yet been processed.

While we are on the topic of prescription drugs, you may want to check out the free resources page of our website. Just follow this link to a free download of our Medication and Medical Information form. Fill out this short form with your information which will make things much easier (and safer) if you have an accident and need to provide this information to someone. If you have appointed a Health Care Proxy, I would also suggest that you give a copy to them.

If you have any questions or suggestions to improve our form, please let me know.

Recipe Corner - Sugar Cream Pie
(Serves 8)


  • 9 Inch Pastry
  • 1 Cup Sugar
  • 1/4 Cup Cornstarch
  • 2 Cups Milk
  • 1/2 Cup Butter
  • 1 Teaspoon Vanilla Extract
  • 1/4 Teaspoon Ground Cinnamon


  1. Preheat oven to 450°.

  2. Roll out pastry to fit a 9 inch pie plate and transfer to pie plate.

  3. Trim pastry to 1/2 inch rim of plate and flute edge.

  4. Line pie crust with heavy alluminum foil. Weigh the foil down using dried beans, uncooked rice, etc.

  5. Bake for 8 minutes.

  6. Remove foil and weights and bake for an additional 5-7 minutes until brown.

  7. Set pie crust aside to cool and reduce oven heat to 375°

  8. In a large saucepan, combine sugar, cornstarch, and milk. Stir until smooth and bring to a boil.

  9. Reduce heat, cook, and stir for 2 minutes or until thickened abd bubbly.

  10. Remove from heat and stir in butter and vanilla.

  11. Transfer to crust and sprinkle with cinnamon.

  12. Bake 15-20 minutes or until golden brown.

  13. Cool on wire rack and refrigerate until chilled.

  14. Serve and enjoy!

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Patrick J. Roth, Esq., CPA 145 Chemung Street Corning NY 14830 USA
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