What is the Verdict on the Will of Carole Baskin ‘s Long-Missing Husband?

Hillsborough County (FL) Sheriff Chad Chronister recently announced that two different experts have deemed Don Lewis’ will, husband of Carole Baskin , of the Tiger King-Joe Exotic saga “100 percent a forgery,” Tampa Bay CBS station WTSP reported.

“We knew that before,” Chronister said. “Because the girl who came forward and said ‘Hey, I was forced to witness and say that I witnessed this signature.’ The problem was the statute of limitations had already expired. The will had already been executed at that point.”

People’s recent article entitled “Will of Carole Baskin’s Missing Husband Was ‘100 Percent a Forgery,’ Says County Sheriff” reported that Sheriff Chronister also said that the “only reason” a lawsuit hasn’t been initiated, is because the statute of limitations has run out.

“There’s no recourse,” the sheriff explained. “A judge deemed it valid, so the civil side of it would be execution of the will, the disbursements of the funds is one thing. But then you have the criminal side of it, it’s unable to be prosecuted because of the statute of limitations.”

The sheriff added that the determination that Don Lewis’ will was deemed a forgery “certainly cast another shadow of suspicion” on his disappearance.

“Investigators have some great leads, they’re working through them. I hope something pans out,” Chronister commented.

Fans of the Netflix docuseries Tiger King remember that Carole Baskin’s previous husband mysteriously went missing in 1997 and was declared dead five years later. Some fans of the TV show think that Baskin was responsible for Lewis’ disappearance, but the Big Cat Rescue founder denied she had anything to do with it.

“Don was not easy to live with and like most couples, we had our moments,” Carole Baskin said in a statement on the Big Cat Rescue website after Tiger King was released on Netflix earlier this year. “But I never threatened him, and I certainly had nothing to do with his disappearance. When he disappeared, I did everything I could to assist the police. I encouraged them to check out the rumors from Costa Rica, and separately I hired a private investigator.”

Sheriff Chronister’s comments come a day after Carole Baskin was granted control of the Oklahoma zoo property formerly operated by Joseph Maldonado-Passage, widely known as “Joe Exotic.” He was convicted last year of paying a hitman $3,000 to kill Baskin, in addition to being found guilty on multiple charges of violating both the Lacey Act for falsifying wildlife records and the Endangered Species Act. Exotic was sentenced to 22 years in prison and is currently being held in a Dallas-Fort Worth medical center, after he was exposed to the coronavirus.

Reference: People (June 3, 2020) “Will of Carole Baskin’s Missing Husband Was ‘100 Percent a Forgery,’ Says County Sheriff”

 

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Can Kobe Bryant’s Widow Amend Trust?

A report from TMZ Sports says that the late NBA legend Kobe Bryant created a trust to provide for his wife Vanessa and family in 2003.

The trust was amended a number of times, most recently in 2017. It looks like every time one of their four children was born, Kobe and his wife amended the trust to include them.

Wealth Advisor’s recent article entitled “Vanessa Asks Judge To Include Capri In Kobe’s Trust” notes that the issue now is that daughter Capri was born nine months ago.

However, Kobe and Venessa weren’t in a huge rush to see their estate planning attorney and change the trust once again. Who thought that there’d be a problem? Kobe had recently retired from pro basketball and was in good health.

However, no one could have predicted the horrible tragedy that the family sustained, when both Kobe and his daughter Gigi were killed in a helicopter crash last January.

Vanessa, along with co-trustee Robert Pelinka, Jr. (the general manager of the Los Angeles Lakers and Kobe’s old boss) petitioned a probate judge to allow her to include Capri. She contends that it was clearly Kobe’s intent to provide for his children.

When Kobe’s died on January 26, 2020, the Kobe Bryant Trust was divided into two separate trusts for tax reasons. However, both are for the benefit of Vanessa and the three oldest Bryant daughters—but not Capri.

She notes that Kobe even said this generally in one on the documents.

California Probate Code states that the court is not permitted to modify a trust, where the continuation of the trust is required to carry out a material purpose of the trust, unless the court believes that the reason for modification outweighs the interest in accomplishing a material purpose of the trust.

Most observers believe that the probate court will likely permit the amendment, if it finds allowing the addition of Capri as a beneficiary is consistent with the material purposes of the trust, or if the interest in modification to add Kobe’s youngest as a beneficiary outweighs the interest in accomplishing the material purposes of the trust.

According to the trust agreement, Vanessa, Natalia, and Bianka can use the principal and income in the trust during Vanessa’s lifetime. After she passes away, the children will receive the remainder. Vanessa wants to include Capri in that distribution.

Reference: Wealth Advisor (March 24, 2020) “Vanessa Asks Judge To Include Capri In Kobe’s Trust”

Suggested Key Terms: Estate Planning Lawyer, Probate Court, Inheritance, Trusts

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How Can Estate Planning Protect Me from COVID-19 ?

There are several things you need to consider, when it comes to estate planning, like can Estate Planning Protect Me from COVID-19. This is explained in WFMY.com in the recent article “A different kind of coronavirus protection: Wills & Power of Attorney documents.”

A financial power of attorney is first on the list of things to consider. This essential legal document gives a trusted agent the authority to make financial decisions on your behalf, if you become incapacitated. A financial power of attorney can go into effect whenever you want. However, most people have their estate planning attorney draft the POA to go into effect, once the principal or the person who’s giving the authority can no longer make decisions for themselves.

In addition, if you become ill and fall into a coma, you need someone to be able to also make medical decisions. A health care power of attorney permits your agent to make medical decisions on your behalf. You can also sign a living will, which can state your wishes about healthcare decisions, especially end of life decisions.

A will can state your decisions for the distribution of your assets when you die. However, your property will stay in your name until that occurs. Another option is a living trust, which places your property in a trust for the benefit of a charity, your loved ones, or both. A trust may distribute the property more efficiently.

While the terms in your will and trust are important, you should also have a discussion with your family and let them know what you’re thinking. This will help avoid hard feelings after you’re gone.

It’s important to speak with an experienced estate planning attorney and talk to the people you want to be your POA attorney-in-fact, executor of your will and your trustee. Talk to your attorney about what happens when one of these key persons included in your planning dies.

You should also think about your parents and if they have an estate plan. You should know what will happen, if they become ill and need care. What happens if they get Alzheimer’s or another type of dementia?

You should make certain that you and those you love, have legal estate planning documents in place prepared by an experienced estate planning attorney.

From there, review your plan every few years with your attorney, because things change.

Reference: WFMY.com (April 22, 2020) “A different kind of coronavirus protection: Wills & Power of Attorney documents”

Suggested Key Terms: Elder Law Attorney, Estate Planning Attorney, Will, Executor, Trust, Trustee, Probate Court, Living Will, Power of Attorney

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Will Paris Hilton See Her Dad’s Wealth?

Barron Hilton’s father, hotel magnate Conrad, purchased his first hotel in Texas in 1919. His timing was perfect, as the oil boom ensured rooms were fully booked and could sometimes be turned over three times in a day. He then built the Dallas Hilton in 1925 and three more Hiltons in the state in the next five years. He eventually expanded his holding to create the world’s first international hotel chain. By 1966, his son, Barron, replaced him as president of Hilton Hotels.

In 1979, at the age of 91, Conrad Hilton died of natural causes, leaving $10,000 each to his nephews, nieces, and daughter, and $500,000 to his two siblings. The remainder of the estate was bequeathed to the Conrad N. Hilton Foundation, which he had founded in 1944.

Celebrity Net Worth’s recent article entitled “Barron Hilton Fulfilled His Promise To Not Leave Any Money To Paris Hilton,” notes that Barron contested his father’s will and ended up settling for four million shares of the company. Years later, Barron watched in horror as his granddaughter Paris tarnished the Hilton name. Barron sent a message. He made an estate plan that excluded Paris’ father and her siblings. His entire fortune would be donated to charity through the family’s foundation, because he felt Paris’ and Nicky’s sex tapes, reality shows, DUIs and other embarrassments sullied the family name.

At Christmas 2007, Barron announced to his family that he was making a major change to his will. Instead of leaving his $4.5 billion fortune to his family, he was leaving the bulk of his estate to the Conrad N. Hilton Foundation. He left 97% to the foundation and split the remaining 3% ($135 million) between about 24 members of his family. So rather than inheriting about $181 million each, the Hilton family members would get $5.6 million each.

It looks like Paris Hilton was entirely cut out of her dad’s will, and she didn’t get a penny from her grandfather. Barron died in 2019, and his will instructed 97% of his fortune to be given to the Conrad N. Hilton Foundation for disaster relief, treating children with HIV and AIDS, poverty alleviation and helping homeless shelters.

Barron Hilton continues to reinforce his message to Paris Hilton and his family from the grave. He was the second-largest philanthropist in U.S. last year with the $2.4 billion he donated to charity. He’ll probably be up there again, as one of the most generous Americans in 2020 since he still has $2 billion to donate.

Reference: Celebrity Net Worth (March 2, 2020) “Barron Hilton Fulfilled His Promise To Not Leave Any Money To Paris Hilton”

Suggested Key Terms: Estate Planning Lawyer, Wills, Intestacy, Inheritance, Asset Protection, Will Changes, Will Contest, Charitable Donation

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Did Kirk Douglas Leave His Wealth to His Son Michael?

Kirk Douglas, who died in March at the age of 103, made sure that he gave $50 million away via the Douglas Foundation at his death.

Wealth Advisor’s recent article entitled “Kirk Douglas’ $61M fortune given mostly to charity, none went to son Michael Douglas” reports that the beneficiaries included St Lawrence University, Westwood’s Sinai Temple, Culver City’s Kirk Douglas Theatre and Children’s Hospital Los Angeles.

Kirk’s Oscar-winning actor Michael is not listed as a beneficiary. That is okay, because he’s worth about $300 million on his own.

Michael announced the death of his father on February 5 in an Instagram post. He included several photos of his famous father and family members.

“It is with tremendous sadness that my brothers and I announce that Kirk Douglas left us today at the age of 103. To the world he was a legend, an actor from the golden age of movies who lived well into his golden years, a humanitarian whose commitment to justice and the causes he believed in set a standard for all of us to aspire to.”

Michael went on to add, “But to me and my brothers Joel and Peter he was simply Dad, to Catherine, a wonderful father-in-law, to his grandchildren and great grandchild their loving grandfather, and to his wife Anne, a wonderful husband.”

Michael finished his Instagram message by writing, “Kirk’s life was well lived, and he leaves a legacy in film that will endure for generations to come, and a history as a renowned philanthropist who worked to aid the public and bring peace to the planet. Let me end with the words I told him on his last birthday, and which will always remain true. Dad – I love you so much and I am so proud to be your son.”

Kirk Douglas was a three-time Oscar nominee, known for his roles in “Spartacus” and “Ace in the Hole.”

He was buried at the Pierce Brothers Westwood Village Memorial Park and Mortuary. In addition to Michael, some of the mourners were Kirk’s wife of 65 years, Anne Buydens, and his other sons Peter and Joel.

Reference: Wealth Advisor (March 3, 2020) “Kirk Douglas’ $61M fortune given mostly to charity, none went to son Michael Douglas”

 

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Alzheimer’s patient, Dementia and other Brain Diseases Require Special Estate Planning Steps

Alzheimer’s patient – There are certain steps that can be taken by individuals, loved ones and family members to make this challenging time safer and smarter, advises an article “Financial And Estate Planning Steps To Take Now: Special Considerations For Those With Brain Disease” from Forbes.

Anyone living with a neurologic condition needs to be sure their planning reflects not only their condition but their personal experience of the condition. The variability of each person’s experience of a brain disease, from symptoms and severity to the progression rate and future prognosis to the possibility of any recovery, affects how they need to plan.

For an Alzheimer’s patient, in early stages there may be no problems in signing legal documents and putting legal safeguards in place to protect finances. Most people are not aware that the degree of competency to sign legal documents varies, depending upon the complexity of the documents to be signed and the circumstances. A relatively low level of competency is required to sign a will. This is known as “testamentary capacity.” A higher level of competency is required to sign something like a revocable trust, investment policy statement, etc. Therefore, a person who may be legally able to sign a will may not have the legal capacity to sign other documents. Alzheimer’s patients need to get their entire estate plan in order, as soon as a diagnosis is received. Safeguards are extremely important, including having an independent person, like a CPA or trusted family member, receive copies of all monthly bank and brokerage statements, in case abilities decline faster than anticipated.

Patients living with peripheral neuropathy may experience issues with balance, burning sensations, dizziness, hypersensitive skin and pain that make wearing socks or shoes impossible. If the condition becomes so severe that the person becomes homebound, they need to make changes: set up accounts, so bills can be paid online, have income streams set to automatic deposit and simplify and consolidate accounts. It is important to have a Power of Attorney (POA) that is effective immediately or a revocable living trust with a co-trustee. In this way, you do not have to leave home to conduct your business.

Parkinson’s disease may not be well understood by professional advisors. You’ll need to explain that your facial expression—Parkinsonian masked face—does not mean that you are not responding to a conversation. They need to know that your handwriting may change, becoming small and cramped. This can result in a bank or other financial institution refusing to accept your signature on documents. Your attorney can prepare a document that confirms you are living with Parkinson’s disease and that micrographia is one of your symptoms. The document should include three or four different signatures to reflect the variations. Have each signature witnessed and notarized.

People living with MS (multiple sclerosis) face the possibility of an exacerbation that could leave them incapacitated at any time. A revocable trust to coordinate financial management, with trusted individuals as co-trustees should be in place.

For people with these and other brain illnesses, an emergency financial and legal road map needs to be prepared. It should include monthly recurring bills, non-recurring bills like life insurance, property taxes, etc. Contact information for key advisors, your estate planning attorney, CPA, financial advisor, banker, insurance agent, etc., needs to be shared. Your estate plan should be updated, if you haven’t reviewed it in three or four years. If you don’t have an estate plan in place, now is the time to have one created.

Reference: Forbes (May 17, 2020) “Financial And Estate Planning Steps To Take Now: Special Considerations For Those With Brain Disease”

 

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Caregiver Monday as a Day of Self-Care?

It’s not uncommon for a caregiver to start their journey in a crisis when a family member gets a devastating diagnosis—like Alzheimer’s, cancer, or heart disease—that causes physical or cognitive restrictions on independent daily living.

Considerable’s recent article entitled “How family caregivers can use a Monday routine to reinvent self-care” reports that more than 34 million Americans are caring for a loved one over the age of 50.

Although many caregivers take on their role willingly, they may be forfeiting much needed time for self-care. These sacrifices can accumulate over time, since most caregivers spend an average of four years and 80-160 hours a month in their caregiving role. For individuals taking care of a person with dementia or Alzheimer’s, it can be double that with additional stress.

Creating a routine can give calm to caregivers. A program that is based on a healthy weekly routine is Caregiver Monday, part of The Monday Campaign’s nonprofit public health initiative.

Most caregivers have their regular routines drastically changed, when caring for a family member, This gives caregivers a feeling of a loss of control. When added to the inability to control the disease or disability that impacts loved ones, caregivers can suddenly feel overwhelmed with increased anxiety and chronic stress. This psychological state is called loss of locus of control and has two paths: (i) internal locus of control; and (ii) external locus of control. Caregivers can’t gain external locus of control over the situation or disease, but they can increase internal locus of control—that’s the response they have to these situations. Creating a new routine is part of reestablishing internal locus of control.

A routine can help caregivers cope with change, focus on healthy habits and decrease their stress. It can also help restore balance in a caregiver’s life. Monday gives us a natural refresh point, because it’s part of our cultural DNA. Monday is the start of the work week and the school week, so it makes sense that caregivers can use Monday as the start of a sustainable effort towards improved self-care.

Caregiver Monday provides self-care practices and promotion, and focuses on physical, emotional and social health behavioral change, by helping caregivers commit to weekly efforts. A 2019 survey of 1,000 adult Americans conducted by Data Decisions Group for The Monday Campaigns found that 64% of respondents said if they begin on Monday with a positive frame of mind, they’re more apt to remain positive for the rest of the week. Those surveyed reported they were also more likely to start exercise routines, eat healthier and make doctor’s appointments on Mondays.

Here are three ideas to begin a Caregiver Monday routine. Instead of the Monday blues, caregivers can use Monday as their personal “Fun Day,” to focus on themselves. Caregivers can:

  • Follow Caregiver Monday on Facebook, Twitter, or Instagram for ideas every week on finding self-care practices.
  • Get involved with the caregiving community on these social sites to feel less alone.
  • Ask friends and family to assist with respite care to get a self-care break.

Even with the disruption and the distress, caregivers can use Monday to have a little fun. You can don your favorite color on Mondays or watch YouTube videos of baby animals (a scientific study shows that this can have a positive effect on mood and productivity). Most importantly, thank yourself with little self-care activities and be grateful you can be there for your family member every day.

Reference: Considerable (May 11, 2020) “How family caregivers can use a Monday routine to reinvent self-care”

 

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Estate Planning Options to Consider in Uncertain Times

Now is a good time to reach out to an estate planning attorney to review and update beneficiaries, named executors, financial and healthcare powers of attorney, wills and trusts, advises the article “Planning Strategies During Market Uncertainty & Volatility: Estate Planning and Debt Usage” from Traders Magazine. There are also some strategic estate planning tools to consider in the current environment.

Intentionally Defective Grantor Trusts (IDGTs): These are irrevocable trusts that are structured to be “intentionally defective.” They are gifts to grantor trusts for non-grantor beneficiaries that allow contributed assets to appreciate outside of the grantor’s estate, while the income produced by the trust is taxed to the grantor, and not the trust. The external appreciation requires the grantor to use non-trust assets to pay the trust’s income taxes, which equals a tax-free gift to the beneficiaries of the trust, while reducing the grantor’s estate. Trust assets can grow tax-free, which creates additional appreciation opportunities for trust beneficiaries. IDGTs are especially useful to owners of real estate, closely held businesses or highly-appreciating assets that are or will likely be exposed to estate tax.

Grantor Retained Annuity Trusts (GRATs): GRATs allow asset owners to put assets irrevocably into trusts to benefit others, while receiving fixed annuity payments for a period of time. GRATs are especially effective in situations where low asset values and/or interest rates are present, because the “hurdle rate” of the annuity payment will be lower, while the price appreciation is potentially greater. GRATs are often used by asset owners with estate tax exposure who want to transfer assets out of their estate and retain access to cash flow from those assets, while they are living.

Debt strategies: Debt repayment represents an absolute and/or risk-adjusted rate of return that is often the same or better than savings rates or bond yields. Some debt strategies that are now useful include:

Mortgage refinancing: Interest rates are likely to be low for the foreseeable future. People with long-term debt may find refinancing right now an advantageous option.

Opportunistic lines of credit: The low interest rates may make tapping available lines of credit or opening new lines of credit attractive for investment opportunities, wealth transfer, or additional liquidity.

Low-rate intra-family loans: When structured properly, loans between family members can be made at below-interest, IRS-sanctioned interest rates. An estate planning attorney will be able to help structure the intra-family loan, so that it will be considered an arms-length transaction that does not impose gift tax consequences for the lender.

High-rate intra-family  loans: This sounds counter-intuitive, but if structured properly, a high-rate intra-family loan can charge a higher but tax-appropriate rate that increases a fixed income cash flow for the borrower, while avoiding gift and income tax.

All of these techniques should be examined with the help of an experienced estate planning attorney to ensure that they align with the overall estate plan for the individual and the family.

Reference: Traders Magazine (May 6, 2020) “Planning Strategies During Market Uncertainty & Volatility: Estate Planning and Debt Usage”

Suggested Key Terms: Intentionally Defective Grantor Trusts, IDGTs, Grantor Retained Annuity Trusts, GRATs, Intra-Family Loans, Mortgage Refinancing, Estate Planning Attorney, Beneficiaries, Executors, Healthcare Power of attorney, Wills, Trusts

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How the CARES Act has Changed RMDs for 2020

Before the CARES Act, most retirees had to take withdrawals from their IRAs and other retirement accounts every year after age 72. However, the Coronavirus Aid, Relief and Economic Security Act, known as the CARES Act, has made some big changes that help retirees with RMDs for 2020. Whether you have a 401(k), IRA, 403(b), 457(b) or inherited IRA, the rules have changed for 2020. A recent article in U.S. News & World Report, “How to Skip Your Required Minimum Distribution in 2020,” explains how it works.

For starters, remember that taking money out of any kind of account that has been hit hard by a market downturn, locks in investment losses. This is especially a hard hit for people who are not working and won’t be able to put the money back. Therefore, if you don’t have to take the money, it’s best to leave it in the retirement account until markets recover.

RMDs are based on the year-end value of the previous year, so the RMD for 2020 is based on the value of the account as of December 31, 2019, when values were higher.

Remember that distributions from traditional 401(k)s and IRAs are taxed as ordinary income. A retiree in the 24% bracket who takes $5,000 from their IRA is going to need to pay $1,200 in federal income tax on the distribution. By postponing the withdrawal, you can continue to defer taxes on retirement savings.

Beneficiaries who have inherited IRAs are usually required to take distributions every year, but they too are eligible to defer taking distributions in 2020. Experts recommend that if at all possible, these distributions should be delayed until 2021.

Automatic withdrawals are how many retirees receive their RMDs for 2020. That makes it easier for retirees to avoid having to pay a huge 50% penalty on the amount that should have been withdrawn, in addition to the income tax that is due on the distribution. However, if you are planning to skip that withdrawal, make sure to turn off the automated withdrawal for 2020.

If you already took the distribution before the law was passed (in March 2020), you might be able to roll the money over to an IRA or workplace retirement account, but only within 60 days of the distribution. You can also only do that once within a 12-month period. If the deadline for a rollover contribution falls between April 1 and July 14, you have up to July 15 to put the funds into a retirement account.

For those who have contracted COVID-19 or suffered financial hardship as a result of the pandemic, the distribution might qualify as a coronavirus hardship distribution. Talk with your accountant about classifying the distribution as a COVID-19 related distribution. This will give you an option of spreading the taxes over a three-year period or putting the money back over a three-year period.

Reference: U.S. News & World Report (May 4, 2020) “How to Skip Your Required Minimum Distribution in 2020”

 

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Does Medicare Cover COVID-19 related Medical Expenses?

Knowing the way in which Medicare Covers COVID-19-related Medical Expenses can help seniors protect their health and their finances at the same time.

Motley Fool’s recent article entitled “How Will Medicare Cover COVID-19? Your Top Questions Answered” answered some common questions seniors have about the COVID-19 pandemic.

Will Medicare cover COVID-19 testing? The testing for the coronavirus can be difficult to obtain, depending on where you live. However, the good news is that Medicare Part B will pay for this. In addition, Medicare Advantage plans must also cover COVID-19 testing.

How much must Medicare enrollees pay to get tested? While COVID-19 testing may be a stressful process, if you’re on Medicare, you won’t pay to get the results. There’s no cost for your actual test and no co-pay for seeing a doctor who can order one.

Does Medicare pay for COVID-19 treatment? There’s no standard treatment for the coronavirus, but some patients with severe symptoms are being hospitalized. Medicare Part A will usually cover inpatient hospital treatment. As a result, if you’re admitted because of COVID-19, you’ll have your normal deductible under Part A ($1,408 per benefit period). Note that coinsurance won’t kick in during your first 60 days of consecutive hospital care, but beyond that, you’ll pay $352 per day until you reach the 90-day point in the hospital. If you have supplemental insurance, your Medigap plan may cover the cost of some of the out-of-pocket costs you have for getting hospital treatment.

Does Medicare cover a COVID-19 vaccine when it’s available? While a vaccine is at least a year out, if one becomes available, it will be covered by Medicare Part B and you won’t have a copay for it.

Will Medicare cover mental health services? Many seniors are having a hard time coping with the pandemic and its effects. Some are feeling isolated in their homes, and others are feeling anxious. Medicare does cover mental health services, and you may be able to meet with a professional remotely via telemedicine. Generally, you will be subject to your Part B deductible, plus 20% coinsurance. Seniors who are struggling with mental health issues can also call the Substance Abuse and Mental Health Services Administration’s Disaster Distress Helpline at 1-800-985-5990.

The COVID-19 crisis has been especially tough on seniors.

Knowing what to expect from Medicare could make a this a little easier.

Motley Fool (April 30, 2020) “How Will Medicare Cover COVID-19? Your Top Questions Answered”

 

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