Yvonne M. Acosta
yaco@scotthulse.com
(915) 546-8206

Yvonne Acosta Presents at UTEP
Undergraduate Nursing Program 

February 23, 2010

       Yvonne M. Acosta, an attorney at the ScottHulse law firm, recently spoke to the UTEP undergraduate nursing program. Ms. Acosta spoke on the Nurse Practice Act, and legal issues in Nursing Documentation. 

       Ms. Acosta practices in the firm’s Labor & Employment and Litigation practice groups.  She has 11 years of litigation experience and is a Master’s Prepared Registered Nurse.  She also has extensive experience handling various administrative matters, including charges before the Board of Nursing for the State of Texas.

       Currently, Ms. Acosta serves as the Vice President for the El Paso Women’s Bar Association.  She is a member of the Texas Association of American Nurse Attorneys, El Paso Bar Association and Mexican American Bar Association.  She is a published author and a frequent presenter at legal workshops and seminars throughout the West Texas Region.  Acosta received her J.D. from St. Mary’s University School of Law.  She is also involved in various El Paso civic organizations.

David P. Hassler
dhas@scotthulse.com
(915) 546-8219



R. Glenn Davis
gdav@scotthulse.com
El Paso: (915) 546-8253
Las Cruces: (575) 522-0765

Pending Change to Estate Tax and
Generation-Skipping Transfer Tax

February 9, 2010

       This year may prove to be one of the most disruptive years in recent history for estate planning.  Yet uncertainty regarding pending legislative activity also leads to a possible window of opportunity to reduce estate tax exposure.  According to El Paso attorneys Glenn Davis and David Hassler, virtually all adults should review their estate plans from both tax and non-tax perspectives.

       “Taking a wait and see approach to one’s estate plan is risky because of the uncertainty of capacity and life,” said Mr. Davis, an estate planning attorney with ScottHulse law firm.

       In 2001, Congress amended the tax code to repeal, over time, the estate tax (also known as the “death tax”) and the even more draconian generation-skipping transfer tax (“GSTT”).  The amendment accomplished the repeal by gradually increasing the exemption from both taxes from $1,000,000 per person in 2001 to $3,500,000 in 2009 and finally remove both taxes altogether in 2010.  At the same time and as part of a compromise, however, the amendment’s repeal of the estate tax and the GSTT was to last only one year.

       In 2011, both the estate tax and the generation-skipping transfer tax are scheduled to come back with a vengeance.  For deaths beginning January 1, 2011, the estate tax and the GSTT exemptions will be only $1,000,000.  Because of the effect of inflation, the result will be an even greater exposure to the estate tax than existed ten years ago.  According to The Inflation Calculator, $1,000,000 in 2008 is equivalent in purchasing power to only $820,334 in 2001, representing a 21.9% increase in exposure to the tax based on value over only a portion of the period.

       The 2001 amendment also effectively did away with state inheritance taxes in many states, because of the way in which those states historically drafted their inheritance tax laws.  The 2001 amendment, however, also will effectively cause the inheritance tax in those same states to be reinstated beginning in 2011.  For example, in both Texas and New Mexico, if an estate is subject to the federal estate tax, it also will be subject to state inheritance taxes. The net result, however, should not change, because the estate will receive a credit for the taxes paid to the state.

       “All estate plans should be reviewed as soon as possible, but people who know that they have tax-planned wills or trusts should be especially prompt in updating their documents if necessary,” said Mr. Hassler, an estate planning attorney with ScottHulse law firm.

       Mr. Hassler and Mr. Davis suggest individuals also review their asset protection plans, insurance and retirement plan beneficiary designations, and representative documents such as powers of attorney, advance health directives (“living wills”) and medical records releases (“HIPAA waivers”). More information regarding possible changes to the estate tax law can be found at http://www.scotthulse.com/EstatePlanningWealthPreservation.html.

       Mr. Hassler and Mr. Davis are shareholders in ScottHulse, with offices in El Paso and Las Cruces.  Mr. Hassler is board certified in estate planning and probate law by the Texas Board of Legal Specialization, and a Fellow of the American College of Trust and Estate Counsel.  Mr. Davis represents individuals and institutional clients in a variety of wealth transfer, preservation and taxation matters. Mr. Davis is licensed to practice law in both Texas and New Mexico and is a member of the El Paso Estate Planning Council and the Southern New Mexico Estate Planning Council.

Yvonne M. Acosta
yaco@scotthulse.com
(915) 546-8206

Yvonne Acosta Presents
at UTEP School of Nursing Forum  

January 27, 2010

       Yvonne M. Acosta, an attorney at the ScottHulse law firm, recently spoke at the UTEP School of Nursing Community Forum.  Acosta participated in a panel discussion to educate nurses, executive officers, professional medical staff, and the public on the role of acute care nurse practitioners and the liabilities involved with the emerging practice area.

       Ms. Acosta practices in the firm’s Labor & Employment and Litigation practice groups. She has 11 years of litigation experience and is a Master’s Prepared Registered Nurse. She also has extensive experience handling various administrative matters, including charges before the Board of Nursing for the State of Texas.