Father Wants Apple to Unlock Son's iPhone

Law enforcement agents in the U.S. are not the only people who would like Apple to create a way to bypass the iPhone's security features.

The dispute between the FBI and Apple over the iPhone of the San Bernardino shooter appears to have been resolved. The FBI wanted Apple to create a way to bypass the security on the shooter's device so that the agency could try to determine if any information about the shooting or future terrorist acts was stored on the phone. Apple refused citing customer privacy. However, before a judge could decide the dispute, the FBI created its own way to bypass the iPhone's security and access the information on the device. As ABC 17 News reports in "Grieving father pleads with Apple to unlock his dead son's iPhone" that does not solve the problem that Apple's policy creates for everyone.

An Italian man, Leonardo Fabbretti, has been trying to get Apple to unlock his son Dama's iPhone for months. Dama passed away in 2015 from bone cancer. Fabbretti was able to unlock the phone by using his fingerprint. However, after the phone did a complete restart that option was no longer available. To access the information on the device a password is now needed and Fabbretti does not have it. Because of this he is unable to view the photographs of his son stored on the phone.

This is another in a long list of examples of how the policies of tech companies have an impact on estate law and grieving families. Allowing families to access digital information after a loved one passes away will continue to be an important legal battle for the foreseeable future.

For more information on wills and trusts in Orange County, please visit our website at www.OCElderLaw.com, or call 714-525-4600 for a private consultation.

Reference: ABC 17 News (April 1, 2016) "Grieving father pleads with Apple to unlock his dead son's iPhone"

Should You Be Confident about Your Retirement Plans?

Many Americans who are confident about their plans for retirement might want to reconsider, especially if those plans rely on Social Security or part-time employment.

Recent survey results indicate that almost two-thirds of Americans are at least somewhat confident about their plans for retirement. Experts, however, fear that much of that confidence might be misplaced.

The Deseret News discusses this in "Are Americans feeling too good about their retirement finances?"

As the article notes, the same survey found that 42% of Americans have not even saved $10,000 for their retirements. Instead of saving and investing money, Americans may be relying on Social Security and the possibility of working part-time during their retirement years.

Both are problematic.

While many seniors can and do work part-time after they retire from their regular employment, the option to do so is not available for everyone. Every year approximately half of the people who retire do so earlier than they had anticipated due to their failing health or the health of a spouse. This suggests that many of the people who are planning to work part-time may not be able to do so.

Retirees may also need to compete with younger workers for the part-time employment. Relying on Social Security is also problematic as it is not meant to be a full pension system. Social Security offers benefits that are less than needed to provide as a cushion against elder poverty.

It is important that people adequately plan for retirement without a false sense of security. Retirement plans should be made with the help of experts in coordination with elder law and estate planning attorneys.  For more information, please visit our website at www.OCElderLaw.com, or contact us at 714-525-4600 for a private consultation.

Reference: Deseret News (March 27, 2016) "Are Americans feeling too good about their retirement finances?"

Taxes on Social Security Benefits

Many people are surprised to learn that their Social Security retirement benefits might be subject to federal income taxes.

Many Americans are surprised to learn that they can be taxed on their Social Security retirement benefits as explained in My San Antonio's article: "Will I Pay Taxes on My Social Security Benefits?" People believe the money they receive was already taxed when they paid into the system.

As a result, to tax it again amounts to double taxation.

However, the federal government views it differently.

The total amount most people pay into the system equals 15% of the total value of lifetime benefits. As a result, up to 85% of Social Security benefits can be taxed and it will not be double taxation.

But not everyone is required to pay federal income taxes on their benefits. It depends on the other income a person makes.

The basic rules are as follows:

·        Single people whose total incomes are between $25,000 and $34,000 may have 50% of their Social Security benefits taxed. A total of 85% of benefits may be taxed for people making more than $34,000.

·        Married people filing jointly may have up to 50% of their benefits taxed if their combined income is between $32,000 and $44,000. Up to 85% of benefits could be taxed for couples with higher incomes.

·        The government is direct when it comes to married people who file separately. They are almost certain to pay taxes on their Social Security benefits.

Additionally, in 13 states Social Security benefits are subject to state income taxes.  For a review of your social security and estate planning needs, please visit our website at www.OCElderLaw.com, or contact on of our estate planning attorneys at 714-525-4600 today.

Reference: My San Antonio (March 20, 2016) "Will I Pay Taxes on My Social Security Benefits?"

How to Apply for Social Security

When to apply for Social Security benefits is an important decision that requires careful consideration, but it is also important to know how to apply.

It is very easy to find advice about when you should apply for Social Security benefits. Information is available all over the Internet. Some of it is good advice. Some of it is bad and some is terrible.

What often gets lost in that discussion is the process of actually applying for benefits. You need to know where to apply and what you will need in the process.

Recently, My San Antonio provided some of that information in "Can I Apply for Social Security Online?"

You can apply for Social Security by going to your local Social Security office, by calling a representative or by filling in the application yourself online.

Regardless the method of application, you will need to provide information to satisfy the Social Security Administration that you are entitled to benefits. That information does not necessarily have to come in the form of specific documents. However, the Social Security Administration does commonly ask for a copy of your original birth certificate or some other proof of your date of birth.

If your birth certificate does not establish it, then you will need to provide proof of citizenship or other legal status.

It is common to be asked to provide proof of income for the last tax year. You will also need to provide information about your spouse, any dependent children and whether you have previously applied for Social Security benefits.

If you have questions about the application process, you can ask a Social Security Administration representative or an elder law attorney.  For more information, please visit our website at www.OCElderLaw.com or call 714-525-4600 to speak with an Elder Law Attorney.

Reference: My San Antonio (March 14, 2016) "Can I Apply for Social Security Online?"