An applicant for pension benefits from the VA must meet certain medical and/or financial requirements. There is a disability requirement for the pension benefits, which is satisfied if the veteran is sixty-five (65) years of age or older, or permanently and totally disabled. If the veteran or surviving spouse has additional medical needs, then additional allowances like an aid and attendance allowance may be awarded.
The current law reads that an applicant’s net worth “must not be excessive”, taking into consideration the applicant’s age, income and expenses, life expectancy, and rate of depletion of the applicant’s net worth. The financial rules also require that household income must be less than the benefit the applicant is seeking; however, income may be reduced by out-of-pocket medical expenses.
The long-anticipated changes to the eligibility rules for veteran pensions have finally come. In October 2018 the VA officially changed two major eligibility requirements for veterans seeking pension benefits.
- There is now a thirty-six (36) month look-back period when applying for needs-based pension benefits. Historically there has been no look-back period and veterans could transfer assets freely without penalty, allowing for maximum asset planning. Now veterans cannot transfer assets, for less than fair market value, during the thirty-six (36) month period immediately before applying for benefits, without suffering a penalty. Any penalty assessed by the VA should not exceed five (5) years.
- In order to qualify for pension benefits a veteran may not have a net worth of more than $123,600.00 (2018). Prior to implementing this most recent set of rules, the VA had no bright-line asset limit, making it difficult for those applying for veteran pension benefits to know if an application would be approved. Now that there is a concrete asset limit, veterans can rest assured that their benefit applications will be reviewed uniformly.
By a vote of 6,375 to 5,378 South Portland will regulate short-term rentals. Since the emergence of companies like Airbnb and HomeAway, cities have struggled to find a balance between maintaining the integrity of residential neighborhoods and satisfying a new industry.
South Portland has been at the forefront of this debate in Maine as it continues to grow in popularity due to its many attractions and proximity to downtown Portland. The Press Herald reported that there were 282 short-term rentals in South Portland as of November 2017.
Now that the dust has settled, what will be the law after January 1, 2019?
- “Unhosted Short-Term Rentals of 30 Days or less in residential zones” are banned.
- “Unhosted”= Owner Not on Premises During Stay
- All short-term rental units must be inspected, licensed and insured by South Portland.
- City officials with use new technology to monitor for illegal short-term rentals.
What will not be impacted?
- Unhosted Short-Term Rentals in Commercial or Mixed-Use Zones.
Details still need to be worked out. For instance, “Hosted” short-term rentals will be allowed in residential zoning areas under certain conditions. The City Clerk’s office will release information about registration as it becomes available and recommends checking their website for new updates.
The attorneys at Ainsworth, Thelin and Raftice handle all types of real estate matters. Every case is fact dependent and even the smallest detail can impact how the law will apply to you or your building.
The information in this blog is not designed to be specific legal advice. If you have a question or wish to set up a consultation, please click below or call us today.
One of the very first concerns parents have when facing a divorce is “When will I see my children?”. This is one of the most frightening aspects of Maine Family Law and especially so for many fathers. There is a long standing “expectation” that children will spend more time with their mother. There actually used to be a legal presumption that children under a certain age would reside primarily with their mother. It was known as the “Tender Years” doctrine and it reflected common thinking at the time. Maine’s newest family laws actually mandate the “equal consideration of parents”. Despite that language being the law, some are still convinced that fathers get pushed aside.
What Maine’s laws say is that contact schedules need to serve the “best interest of the child (ren)” 19-A MRS 1653(3). Maine law has a set framework for the best interest analysis and it contains 19 factors a Judge must consider. In general, Judges do not want to decide your schedule for you. Judges much prefer situations where the parents have decided how best to divide up the time and make sure the children are well cared for. The schedules that work the best are the ones that all of the parties help to create. The schedule is about the children after all, and they did not choose for their parents to get divorced.
A certain level of inconvenience is expected for the parents and all efforts should be made to create a schedule that preserves the importance of all parental relationships. The studies are very clear that outcomes for children are best when both parents remain connected to the children and maintain positive influences. Each family will be different of course, but the key is focusing on positive outcomes rather than trying to win a particular battle within the litigation. Call John Turcotte or Chris Leddy and discuss your case today.
Ainsworth, Thelin and Raftice has always taken pride in helping clients achieve a wide variety of goals. Jerome recently represented the seller in a complex commercial deal that allowed a longtime Portland small business owner remain in their ideal location. “Foden Road A Win-Win” is the latest article that reference’s Jerome’s work.
Jerome handles a wide variety of simple and complex residential and commercial transactions. From single family homes to multi-million dollar bed and breakfast’s, Jerome will work to help you reach your desired outcome.
Please join us for an informational seminar on 9/21/17 from 5:30-7:00pm as we team up with The Animal Refuge League of Greater Portland to discuss Estate Planning and Pet Trusts.
ATR offers comprehensive estate planning, probate, and elder law services, individually designed to take into account each client’s unique goals and circumstances. Bob Raftice Jr. and Elly Dominguez, will discuss Estate Planning and Pet Trusts. ATR knows that good planning can make all the difference to help clients and their families understand their options and to make sure their goals and wishes are honored.
Regardless of your level of wealth, estate planning is a vital part of your overall financial plan. Planning ahead can give you greater control, privacy, and the opportunity to leave your legacy to your loved ones, including your pets. When planning for your pet’s life after your death, you have a range of options – from making simple, non-legal arrangement, to making a trust, to leaving your pet with an organization dedicated to taking care of pets after a death.
We invite you to join us to take full advantage of this informational opportunity. The event will be held at the Animal Refuge League of Greater Portland’s new facility at 449 Stroudwater Street, Westbrook. Please RSVP to email@example.com Light refreshments will be served.