July 15, 2021

FDA Fast-Tracked New Alzheimer’s Treatment to Mixed Reviews

Alzheimer’s is a debilitating brain disorder affecting memory and, eventually, language, reasoning, and social behavior. Diagnosed in nearly 6.2 million Americans, Alzheimer’s is a progressive, irreversible disease with treatments mainly focusing on symptoms, such as delaying memory loss, and not the underlying cause—that is, until now. In June of 2021—just in time for Alzheimer’s Awareness Month—the U.S. Food and Drug Administration (FDA)


photograph of author Jennifer O'Brien
April 22, 2021

Do It, Teach It, Lead It: National Healthcare Decisions Day 2021

Guest Blog By Jennifer O’Brien Photo by Lori Sparkman Originally published April 16, 2021 About a thousand years ago, I was the administrator for an otolaryngology department. The department put on a CME course on endoscopic sinus surgery, that attracted everyone from PGY1s to seasoned, community surgeons because it included a cadaver head lab and numerous didactic sessions, culminating with a


Photo by Emanuela Picone on Unsplash
April 12, 2021

Finally Planning that Vacation? Here is the One Planning Checklist Item You Shouldn’t Procrastinate On 

Springtime and planning for the warm weather is here again, and this year it feels different. In spring 2020, plants were bursting with life as we humans hunkered down in effort to preserve our own in the face of a global pandemic. Travel plans, weddings, and birthday parties were cancelled or postponed, and life went on hold. One year later,


legal needs new mexico
September 17, 2020

COVID-19 Virus Concerns for a Law Practice

The legal needs of New Mexicans did not go away when COVID-19 came calling and disrupted everyone’s lives. In fact, the virus made legal issues more urgent, particularly for individuals who needed an estate plan or Powers of Attorney. Many of our clients are older adults, one of the most at-risk groups for the virus. Rather than delay addressing their


elder law abuse
August 25, 2020

Frauds and Scams Are Increasing Against Elderly Individuals and Individuals with Disabilities

According to The Special Needs Alliance’s publication, The Voice, financial fraud is on the rise for those individuals with special needs or disabilities. Financial abuse can be devastating to anyone, but individuals with disabilities and elderly individuals are particularly vulnerable. If you have a loved one, you should be aware of the following types of fraud or scams currently on


August 4, 2020

CARES Act: Required Minimum Distributions (“RMDs”) for 2020

The Coronavirus Aid, Relief, and Economic Security Act or “CARES” Act enacted by Congress and signed into law by President Trump on March 27, 2020, aimed to provide financial relief and incentives to American families and businesses.  The highlights many people may be familiar with are: Eligible taxpayers received $1,200 checks; Forgivable loans to businesses to maintain their employees and


June 23, 2020

PBWS Law Recognized as a “Best Place to Work” for 2020

Pregenzer, Baysinger, Wideman & Sale, PC is pleased to announce that they have been named one of 31 finalists in “Best Places to Work 2020” in New Mexico by Albuquerque Business First.  As a finalist, PBWS Law is recognized for providing a comfortable job atmosphere for its staff and employees and going above and beyond to provide benefits and job


May 20, 2020

Erin Wideman, PBWS Managing Partner, in Albuquerque Journal Regarding Wills

Many individuals are seeking to update their existing wills or start their estate plans due to the uncertainties around COVID-19. Erin Wideman, Managing Partner at Pregenzer, Baysinger, Wideman & Sale, spoke with The Albuquerque Journal about why the pandemic is driving people to update their documents, and the legal process involved. Read the story


April 22, 2020

PBWS Law Attorney Daniel Monte Speaks to Albuquerque Business First About Real Estate Issues During COVID-19

PBWS Law attorney Daniel J. Monte was interviewed by Albuquerque Business First regarding how Real Estate, tenants, and landlords can both approach issues of paying or collecting rent during the economic downturn caused by COVID-19. You can read the article here.


April 17, 2020

PBWS Attorney Daniel Monte Offers Advice to Business Owners Struggling to Pay Rent

On April 15, PBWS attorney, Daniel J. Monte, spoke with Kai Porter of KOB TV News in Albuquerque regarding what business owners who are struggling to pay rent during the stay-at-home order can do right now. You can watch the interview below.


February 21, 2018

PBWS Tenth Anniversary

Pregenzer Baysinger Wideman & Sale is approaching an exciting milestone—our tenth anniversary!  Our firm opened for business on August 4, 2008.  You may remember 2008, the year that the U.S. economy almost collapsed.  In September of that year, when our firm was operating out of a small office in the basement of our building, using camp chairs and boxes for


April 24, 2017

Special Needs Trust Fairness Act (SNTFA)

The Special Needs Trust Fairness Act (SNTFA) was signed into law by President Obama, after being approved by the House and Senate, in 2016. While Special Needs Trusts have been since the Omnibus Reconciliation Act was passed in 1993, there was an oversight when the Act was drafted. Before the SNTFA was signed into law, individuals with disabilities who had


March 27, 2017

The Alzheimer’s Association Report – Increasing Costs and Impact

The Alzheimer’s Association released a report on March 7, 2017 with updated statistics related to the number of Americans with Alzheimer’s dementia and the growing cost and impact of the disease on families and the economy.  Some startling findings: Unless a cure or improved treatments are discovered, the number of people age 65 or older with Alzheimer’s dementia may nearly


November 13, 2015

ABLE Act for New Mexico

In December, 2014, Congress passed the Stephen Beck, Jr., Achieving a Better Life Experience Act (“ABLE”). The federal law amends Section 529 of the Internal Revenue Code as a new Section 529A. Only people whose disability was established prior to age 26 can open an ABLE account. Anyone can contribute to an ABLE account, but the total of all contributions


November 10, 2015

Happy Autumn. Happy Thanksgiving.

Leaves are turning color and falling, turkeys are on sale and our thoughts turn to thankfulness. In addition to the most obvious blessings of family, health, life, and friends, I am thankful for my law practice and for my clients. In an elder law practice, we meet people every day who live with incredible challenges, whether it be dementia, a


July 14, 2015

The Right of Same-Sex Marriage

The United States Supreme Court Upholds the Right of Same-Sex Couples to Marry. On June 26, 2015, the United States Supreme Court, in a 5-4 decision, authored by Justice Kennedy, upheld the right to marry as a fundamental right in the U. S. Constitution, no matter the genders of the two who wish to marry.  There were several appellants in


April 29, 2015

Being Mortal by Atul Gawande

In his latest book – Being Mortal – Dr. Atul Gawande explores disability, diminished capacity and the onset of dementia, not as medical issues but as the natural processes of aging. He urges his readers to confront their own anxieties and reexamine their relationships with their loved ones as life forces them to abandon their independence and become dependent upon others. Meaning


January 10, 2011

NAPA Becomes Law

On January 4, 2011, The National Alzheimer’s Project Act (“NAPA”) was enacted by Congress.  This Act creates an integrated national plan to overcome Alzheimer’s, which includes providing information and coordination of research across all Federal agencies aimed at improving the early diagnosis of Alzheimer’s disease and to coordinate the care and treatment of patients who have Alzheimer’s. According to the


January 3, 2011

Ho Hum. Oh! Ho Ho Ho

The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, also known as the Tax Relief Act of 2010, was signed by the President on December 17, 2010.   For those of us interested in estate and gift taxes, we learned right away that this Act provides significant estate and gift tax relief by increasing the federal applicable exemption


November 8, 2010

PBWS Goes On The Road

Last week the annual Southern New Mexico Estate Planning Institute was held.  This is the 18th year of this institute, and it continues to be very high level and the best two day program addressing the issues of estate planning that is held in New Mexico.  It attracts lawyers, accountants, trust officers, development professionals and financial planners mostly from the


November 1, 2010

Restaurant Review

Ordinarily we would not do a blog about restaurants that we like, but this is not an ordinary restaurant.  We had lunch on Friday at Tim’s Place.  You may have read about this eatery in the local newspaper, because it opened just recently.  It was recommended to me by a friend in California.  Really!  From California.  He had heard about


October 25, 2010

What will it mean to disabled individuals when health insurance will be available to all United State Citizens in 2014?

The Patient Protection and Affordable Care Act of 2010 (ACA) enacted many reforms of the health insurance industry in the United States.  The kingpin, or crown jewel, of the ACA is access to health insurance for everyone.  As of 2014, everyone will be required to have health insurance in the United States.  As a corollary, no one can be denied


September 17, 2010

Legislative Risk

Legislative Risk: No federal estate tax in 2010.  No step up in basis in 2010 (except for $1.3 million).  Will the Bush tax cuts expire?  No more two year GRATs?  What will happen in 2011?  Uncertainty.  Like we do not have enough of it! Are there opportunities for planning in all of this uncertainty?  Here are a few: If you