Posts Tagged Estate Planning

Choosing A Trustee for Your Special Needs Trust

On January 12, 2021   /   Blog  
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Choosing A Trustee for Your Special Needs Trust

Choosing the right trustee for any trust is a difficult and extremely important decision. In the case of choosing the right trustee for the trust you have created to protect your loved one with special needs, the decision is even more important—particularly if your loved one is a young child. Let’s take a look at some of the options and discuss the pros and cons of each. Your Parents Many couples consider this first. After all, your parents know and love your children, and understand your wishes. However, this is only a temporary solution, as your special needs trust must protect your loved one with special needs for his or her entire lifetime. Your Siblings Like your parents, this may be a good temporary solution. But the same drawback applies here as well. Your siblings are unlikely to outlast the trust itself, and you will need a successor trustee. Your

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Why You Need Advance Directives

On January 5, 2021   /   Blog  
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Why You Need Advance Directives

Advance directives give a person of your choosing the authority to make decisions on your behalf about the type of care you want in the event of incapacity or an end of life situation. Your directives may contain instructions about the types of medical treatments you would or would not want to be taken to keep you alive if you are in a coma or vegetative state. In effect, advance directives allow you to decide, while you are alive and well, the type of care you want and the person you want to make the decisions for you. They allow you to better ensure that your wishes will be followed, and spare your loved ones from making such important decisions on your behalf without knowing what you would have wanted. Nobody wants to think about advance directives, but the consequences of not creating them far outweigh the difficulty of creating

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Five Factors to Consider When Purchasing Long-Term Care Insurance

On December 29, 2020   /   Blog  
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Five Factors to Consider When Purchasing Long-Term Care Insurance

The United States Department of Health and Human Services estimates that approximately 70 percent of Americans over the age of 65 will need some type of long-term care. Contrary to what many people believe, Medicare does not cover long-term custodial care. Given the cost of such care, it makes sense to consider your options, in advance, about how to obtain the care you might very well need without exhausting your life savings to pay for it. One such option is long-term care insurance. Here are some factors to consider regarding the purchase of a long-term care insurance policy. Your age and health matter. The younger you are when you purchase long-term care insurance, the less expensive it will be. Unfortunately, if you have conditions such as diabetes or heart disease, your application might be rejected. It is better to have some coverage than none at all. The very best plans,

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How The Portability Provision Can Double Your Exemption From Federal Estate Tax

On December 24, 2020   /   Blog  
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How The Portability Provision Can Double Your Exemption From Federal Estate Tax

For legally married couples, the portability provision allows for the transfer of the federal estate tax exemption from the estate of a spouse who passes away to the estate of the surviving spouse. Given that the maximum federal estate-tax exemption in 2019 is $11.4 million per person, by making use of the portability provision, the federal exemption upon the second spouse’s death can increase from $11.4 million to $22.8 million. Portability was first introduced as part of the Tax Relief, Unemployment Re-authorization, and Job Creation Act of 2010 (“TRA 2010”), and became effective for married persons dying on or after January 1, 2011. While the winds of political change have led to calls for a reduction in the exemption over the years, there is no plan to phase out the portability provision any time soon. In order to take advantage of the portability provision, IRS Form 706 should be filed

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Think Twice Before Deciding To Serve As Trustee

On December 22, 2020   /   Blog  
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If you have been asked to serve as a trustee, chances are you were initially flattered by the request. After all, it is quite an honor—a parent or other loved one thinks highly enough of you to entrust you with the management of a major portion of their life’s savings. However, before agreeing to serve as trustee, it is important to consider the responsibilities involved. Administering a trust typically involves all of the following duties, and sometimes many more: Locating and protecting trust assets Collecting life insurance policies, annuities, and retirement accounts that name the trust as the primary beneficiary Coordinating settlement of the estate with the personal representative if a probate administration is necessary Obtaining the values of all trust assets at the time of the trustmaker’s death. These assets include real estate and business interests Ascertaining and paying off all of the trustmaker’s debts from funds remaining in

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The Benefits and Risks of Giving Children Their Inheritances While You Are Alive and Well

On December 15, 2020   /   Blog  
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The Benefits and Risks of Giving Children Their Inheritances While You Are Alive and Well

According to a Merrill Lynch retirement study, 60 percent of people over the age of 50 would rather give inheritances sooner rather than later. Why? Many say they simply want to be there to enjoy helping their children pursue their dreams and realize their goals. If you are interested in giving inheritances to your children while you are alive rather than after you pass away, you must consider a number of issues. For example, one of your children might need assistance now to pay off student loans or other debt, while his or her siblings may not. Or, perhaps one of your children is starting a business and would benefit greatly from your gift. The question is, if you give money to one child now, do you have a responsibility to give the same gift to your other children? The key to solving this thorny issue is to speak openly

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Planning Tips For Singles

On December 8, 2020   /   Blog  
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Planning Tips For Singles

The 2013 United States Census indicated that 54 percent of women over the age of 65 were not married. The figure for men over 65 was 27 percent. There are many reasons for this, of course, including divorce, the death of a spouse and changes in the way couples today view marriage. However, one thing unmarried people seem to have in common is that their planning needs can be quite different from those of married couples. And, according to an article in the Wall Street Journal, many singles are unprepared for retirement. For example, a Rand Corporation study showed that 20 percent of married couples will not save enough for retirement, whereas 35 percent of single men and 49 percent of single women will enter retirement financially unprepared. Why is there such a large disparity. One reason is that there are factors working to lower singles’ income and investible resources.

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Is It Better To Buy Or Rent A Home In Retirement?

On December 1, 2020   /   Blog  
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Is It Better To Buy Or Rent A Home In Retirement?

Maybe you’re looking to relocate to a state you’ve always dreamed about living in. Or perhaps you just want to downsize to a more manageable property. Whatever the reason, the decision whether to buy or rent a home in retirement is a difficult one. A recent article in Consumer Reports Magazine offers some helpful advice on making this decision. One of the most important factors to consider is how long you expect to live in your new home. Retirement does not necessarily mean you’ll never want (or need) to move again. The shorter you reside in the home, the less financially attractive purchasing it becomes. You will have less time to recoup closing and moving costs, and if you finance the home, you will have little equity in the new property when you sell it. In addition, the federal income tax reduction on mortgage interest may be less advantageous if

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Make Sure Your Revocable Living Trust Is Properly Funded

On November 24, 2020   /   Blog  
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Make Sure Your Revocable Living Trust Is Properly Funded

You’ve taken the time to plan for the financial well-being of your loved ones and yourself. You’ve created a customized estate plan to address your goals and concerns. Your plan includes one of the most powerful estate planning tools out there, the Revocable Living Trust, which allows your heirs to avoid probate upon your death and provide for management of your assets without interference from the court should you become disabled or otherwise incapacitated. All is well and good—unless you have not taken the steps necessary to fund your trust. Without proper funding, your trust is worth no more than the paper it is written on. It’s hard to believe, but many families take the time to create a comprehensive estate plan, together with a Revocable Living Trust, then fail to properly fund the trust. And even though a Will may provide that all assets pour over into your trust

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An Introduction to Special Needs Trusts

On November 17, 2020   /   Blog  
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An Introduction to Special Needs Trusts

For many families with a special needs child, a special needs trust is one of the most important components of the family’s overall estate plan. A properly designed and implemented special needs trust can provide a number of important benefits. Maximize quality of life while protecting eligibility for government assistance. A special needs trust allows you to provide funds that can help improve the quality of life for your special needs loved one without jeopardizing eligibility for necessary government assistance, such as Supplemental Security Income (SSI). Funds in the trust can be used for all of the following and more: Medical procedures or therapies not available through government assistance Supplemental nursing home care and private companion services Travel expenses Entertainment expenses such as movies, concerts or electronic equipment Fees for guardians and attorneys Other expenses, services or products not provided by a government assistance program Lower costs for healthcare services.

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