Congratulations Leona E. Filis – A Winner of the Best Probate Lawyers in Houston!

We are so proud of our Principal Attorney Leona E. Filis! She has won another award for her services to the Houston community, named one of the winners of Best Probate Lawyers in Houston 2022 by Expertise.com.  Leona works with families with children with special needs and provides invaluable advice for planning for their futures. Supplemental Needs Trusts can be tricky, but hugely effective to preserve eligibility rights to lifelong government benefits. 

This award is on the heels of Leona’s national recognition from President Joe Biden for her community service.

Awesome recognition for Leona and her tireless efforts to fight the good fight and protect our kids.

Small Business Owners – Get Ready to Ask for PPP Loan Forgiveness

Are you a small business owner who received a Paycheck Protection Program Loan/PPP Loan? I applied, recevied the PPP Loan funds, and spent the money quickly. To be eligible for loan forgiveness, keep the following requirements in mind.

Use the PPP Loan funds for paying payroll – at least 60% of the PPP Loan must be spent on payroll. This includes new and old employees.

Use the PPP Loan funds – up to 40% of the loan, on group health policies, interest payments on a mortgage, rent if the lease was in effect before February 15, 2020, Utility payments for services that began before February 15, 2020, Interest on debt existing before February 15, 2020, and refinancing a EID Loan made between January 31, 2020 and April 3, 2020.

Keep your employee headcount maintained. Avoid a Reduction in Headcount. You may have had to lay people off this year. However, you have until December 31, 2020 get your total headcount for employees as it was between February 15, 2020 and April 26, 2020 to have your headcount considered as being restored. Although the guidelines are not specific about this, you should not count 1099 staff.

Pay your employees earning less than $100,000 per year similar (within 25%) to pre-Covid-19 (as of February 15, 2020) amounts.

We will help you protect your family

With the new environment we find ourselves in, and with all of the uncertainty we have face, you can be comforted in that Filis Law Firm will be available to you.

Here is a letter from Leona E. Filis, founding member.

Dear Valued Clients, 

At Filis Law Firm, the safety and well-being of our clients is always a top concern. During this time of crisis, please know that Filis Law Firm is here for you, as we have been for the past 17 years. Although Courts and businesses have limited hours or are completely closed, Filis Law Firm will continue to provide services to meet your needs. 

As always, we allow for teleconferences, and now for your convenience, we have added Zoom as an option for video meetings.  You can schedule your appointment time online at Calendly https://calendly.com/filislawfirm.  If you prefer, you can also communicate with us or forward any information/documentation to us via email at leona@filislaw.com.

You can rely on the Filis Law Firm. Attorney Leona E. Filis understands that under the current circumstances, it is crucial to secure the optimal future for your family. As a result, should you need Estate Planning documents, Filis Law Firm will expedite such services, including Wills, Power of Attorneys, and Special Needs Trusts. If you are in need of Guardianship services, we can begin the Guardianship process by preparing and filing the initial legal documents. When the Harris County courts are fully operational, we can schedule a hearing date, or have a video hearing.

The Filis Law Firm team is dedicated to supporting you through this unprecedented time.  Please stay safe and know that you can count on us.

Leona E. Filis

Owner and Managing Attorney

I Was On a PODCAST!

Wow! I was interviewed on the Adriana Beasley podcast “Conversations That Inspire” talking about Legal Life Planning. Many families with children with special needs have experiences that are similar to mine and to Adriana’s. Even though it seems as though so much of your life is out of your control, you do have the power to set your family’s course for the future with legal life planning. If you have a child with special needs who is approaching adulthood, now is the time to contact Filis Law Firm for a free 30-minute consultation about Guardianship, SDMAs, Special Needs Trusts, and other legal documents to protect your family’s future.

Have Questions about the ABLE account and the IRS? See the IRS bulletin below.

IR-2018-139: Tax reform allows people with disabilities to put more money into ABLE accounts, expands eligibility for Saver’s Credit

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IRS Newswire June 15, 2018

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Issue Number:    IR-2018-139

Inside This Issue


Tax reform allows people with disabilities to put more money into ABLE accounts, expands eligibility for Saver’s Credit

WASHINGTON – People with disabilities can now put more money into their tax-favored Achieving a Better Life Experience (ABLE) accounts and may, for the first time, qualify for the Saver’s Credit for low- and moderate-income workers, according to the Internal Revenue Service.

The Tax Cuts and Jobs Act, the tax reform legislation enacted in December, made major changes to the tax law for 2018 and future years, including increasing the standard deduction, removing personal exemptions, increasing the Child Tax Credit, limiting or discontinuing certain deductions and changing tax rates and brackets.

The new law also enables eligible individuals with disabilities to put more money into their ABLE accounts, qualify for the Saver’s Credit in many cases and roll money from their 529 plans — also known as qualified tuition programs — into their ABLE accounts.

States can offer specially designed ABLE accounts to people who become disabled before age 26. Recognizing the special financial burdens faced by families raising children with disabilities, ABLE accounts are designed to enable people with disabilities and their families to save for and pay for disability-related expenses. Though contributions are not deductible, distributions, including earnings, are tax-free to the designated beneficiary if used to pay qualified disability expenses. These expenses can include housing, education, transportation, health, prevention and wellness, employment training and support, assistive technology and personal support services and other disability-related expenses.

Normally, contributions totaling up to the annual gift tax exclusion amount, currently $15,000, may be made to an ABLE account each year for an eligible person with a disability, known as a designated beneficiary. But, starting in 2018, if the beneficiary works, the beneficiary can also contribute part or all of what they make to their ABLE account.

This additional contribution is limited to the poverty line amount for a one-person household. For 2018, this amount is $12,140 in the continental U.S., $13,960 in Hawaii and $15,180 in Alaska. However, the designated beneficiary is not eligible to make this additional contribution if their employer contributes to a workplace retirement plan on their behalf.

In addition, starting in 2018, ABLE account beneficiaries can qualify for the Saver’s Credit based on contributions they make to their ABLE accounts. Up to $2,000 of these contributions qualify for this special credit designed to help low- and moderate-income workers. Claimed on Form 8880, Credit for Qualified Retirement Savings Contributions, this credit can reduce the amount of tax a person owes or increase their refund. Like other IRS tax forms, Form 8880 will be revised later this year to reflect changes made by the new law.

In addition, some funds now may be rolled into an ABLE account from the designated beneficiary’s own 529 plan or from the 529 plan of certain family members.

Like other workers, ABLE account beneficiaries and other people with disabilities should make sure they are having the right amount of income tax withheld from their pay. Because of the far-reaching tax changes taking effect this year, the IRS urges all employees to perform a paycheck checkup now. Doing so now will help avoid an unexpected year-end tax bill and possibly a penalty. The easiest way to do that is to use the fully-accessible Withholding Calculator, available on IRS.gov.

For more information about ABLE accounts and the tax reform changes, visit IRS.gov/taxreform.

 

15 Year Anniversary for Filis Law Firm

In July 2002,  I sat for the Texas Bar exam. Thankfully I had my friend Mary K. to make the 3 days of testing tolerable. Then, after many months of waiting, we finally received our results. Many people do not know this, but all the Texas law school graduates who take the Bar find out if they passed the Bar all at the same time. The Texas State Bar Examiners post the pass list online. I was thankfully on the list and within a couple of months, I formed The Filis Law Firm, PC.

Over the years I have enjoyed the flexibility of having a general civil practice. In the middle of 2008, I entered into the world of Oil and Gas. We are in Texas so it makes perfect sense to work in energy in some capacity. I enjoyed oil and gas title work, but my son who inspired me to explore a different path in my career. With his diagnosis of Autism Spectrum Disorder, our lives changed – not better or worse, just different. Since then, Filis Law Firm has provided me with the ability to share what I have learned over the years and help protect the legal rights of children with special needs and their family members.

Fifteen years of Filis Law Firm, and many more years to come.

Advising Families With Children With Special Needs
Filis Law Firm
5600 NW Central Drive, Suite 202
Houston, TX 77092

Have an Upcoming ARD?

Fall semester school obligations have begun. Parents of students in general ed have probably had their 15 minute one-on-one meeting with the teacher. For the rest of us, we are preparing for upcoming ARD meetings. ARD stands for Admission, Review and Dismissal. For my son, I am at the review stage of the ARD process. We have an individualized education program (“IEP”)  in place from the last school year. The IEP is a contract and all the services described in the IEP must be provided by the school district.

In my situation, at the next ARD meeting, there will be a review of the prior IEP terms and suggested revisions based on my son’s new education needs. One example of what will probably be discussed is the reduction of support. Some members of the ARD committee have informally signaled to me that they will be requesting less paraprofessional in-class support time for my son during his inclusion in his general education classes. When I first heard of this potential change, I was frightened.

Parents involved in the ARD process may suffer an emotional toll.  In my situation, I have a concern that once I agree to reduce in-class support, my son may never get the support back when he really needs it. In contrast, I do want my son to gain independence and have an opportunity to blossom without the support of a SpEd professional. Will my decision short-change my son’s educational experience? To make an informed decision, pre-ARD actions need to be taken. I will review my son’s daily reports, his classwork and homework grades, and interview the special ed professionals that observe him in the general ed classroom.

As my son’s advocate, preparation for the ARD meeting is time-consuming and sometimes frustrating. To assist with organization aspect of the preparation, I will update my IEP binder with daily reports, progress reports, copies of communications with the school, therapist and doctor reports, and previous IEPs. For those of you who are preparing an IEP binder, if you discover that you are missing school records, give your school a written request for the records, as you are allowed under Family Educational Rights and Privacy Act (“FERPA”).  The IEP  binder will help you decide on IEP goals and provide you with evidence to support your arguments during the ARD meeting, if needed.

Being a present and contributing member of the ARD team can be hard work, but your child will need your involvement to get the most out of his or her public school experience.

The Changing World of Retirement Planning Seminar

Who can predict that our professional lives will end when we want and how we want?

With proper planning, you can feel more at ease about the unknown.  Find out where to put your pre-retirement savings!

Click here to see more information about our upcoming Estate Planning seminar.

The Changing World of Retirement Planning

Sign up here: http://www.retirement101.education/gws

Determine how your assets are distributed with the assistance of an estate planning attorney.

 

Temporary Extension of Medicaid for Certain IDD Waiver Program Recipients

Parents of Children with Special Needs –

Once your child with special needs comes off a Medicaid Waiver Program list, or becomes eligible for SSI on his or her own, it is of great importance to keep your child’s eligibility for benefits. If SSI is denied or lost, so is Medicaid.

Under certain circumstances, a SSI and Medicaid recipient who loses such benefits may be allowed to temporarily continue to be Medicaid eligible.

To review eligibility terms, click

HHC Texas Information Letter

and

https://www.yourtexasbenefits.com/Learn/Home