King & Wood, P.A.

How Do I Have the Financial Talk with My Parents?

“It’s one thing to assume that these conversations can wait until a health or financial emergency makes them necessary. However, avoiding money talks with your parents altogether can be a mistake.”

GOBankingRates recently released a survey that found that 73% of Americans haven’t had conversations with aging parents about their finances. However, 22% of the survey’s respondents said they never plan to have this talk with their parents, because they believe their finances are none of their business.

That’s a really big mistake.

Forbes’ recent article, “What You Don’t Know About Your Parents’ Finances Could Ruin Yours” says that if you don’t take the time to chat to your parents about their finances, your own finances could be affected. This is because there’s a good chance you’ll have to get involved with your parents’ financial lives, as they age. This can impact your own financial well-being, if you aren’t ready for that task.

As Americans are living longer, there’s an increased risk of health issues. About 80% of older adults have at least one chronic condition like heart disease, diabetes, dementia or Alzheimer’s disease. Alzheimer’s disease is becoming increasingly prevalent as people live longer. The number of Americans living with Alzheimer’s disease is expected to more than double to 14 million by 2050, according to the Alzheimer’s Association.

However, just 5% of adults ages 55 to 60 have long-term care insurance, and only 11% of adults 65 and older have it. Long-term care insurance helps cover the cost of care in an assisted-living facility, nursing home or even at home. Medicare doesn’t pay for this sort of care–which easily runs well over $8,000 a month.

If you and your parents don’t talk about how to pay for any care they might need, you could become your parents’ long-term care plan. That could mean you pay these expenses or stop working to help care for a parent.

Those who haven’t had detailed discussions with their parents about their finances, can anticipate facing a larger burden than those who’ve been able to help their parents start managing their money better, by having discussions with them.

 If you have siblings, it is important for all the children to be on the same page regarding the parents’ finances. This will help everyone involved be better prepared.

The most important reason to talk to your parents about their finances sooner rather than later, is to see if they have a will, power of attorney and living will or advance health care directive.

If they don’t, consult with an experienced estate planning attorney. The sooner you address these issues, the better.

Reference: Forbes (July 17, 2019) “What You Don’t Know About Your Parents’ Finances Could Ruin Yours”

How Much Will Long-Term Care Cost?

“Many people are frightened of long-term care costs—for good reason.”

The recent article from MarketWatch, “This is how much long-term care could cost you, and don’t expect Medicare to help,” reports that most people over 65 will eventually need help with daily living tasks, like bathing, eating, or dressing. Men will need assistance for an average of 2.2 years, and women will need it for 3.7 years, according to the U.S. Department of Health and Human Services’ Administration on Aging.

Many will rely on unpaid care from spouses or children, but over a third will spend time in a nursing home, where the median annual cost of a private room is now more than $100,000, according to insurer Genworth’s 2018 Cost of Care Survey. Four out of ten will choose paid care at home; the median annual cost of a home health aide is more than $50,000. Finally, more than 50% of people over 65 will incur long-term care costs, and 15% will incur more than $250,000 in costs, according to a study by Vanguard Research and Mercer Health and Benefits.

Note that Medicare and private health insurance typically don’t cover these “custodial” expenses. This means that such costs can quickly deplete the $126,000 median retirement savings for people age 65 to 74. People who exhaust their savings could wind up on Medicaid, the government health program for the indigent that pays for about half of all nursing home and custodial care.

People who live alone, are in poor health, or who have a family history of chronic conditions are more likely to require long-term care. Women face special risks, since they typically outlive their husbands and, as a result, may not have anyone to provide them with unpaid care. If husbands require paid care that erases all of the couple’s savings, women could have years or even decades of living on nothing but Social Security.

The earlier you start planning, the more choice and control you’ll have. Let’s look at some of the options:

Long-term care insurance. The average annual premium for a 55-year-old couple was $3,050 in 2019, according to the American Association for Long-Term Care Insurance. Premiums are higher for older people, and those with chronic conditions might not be eligible. Policies typically cover part of long-term care costs for a defined period, like three years.

Hybrid long-term care insurance. With life insurance or annuities with long-term care benefits, money that isn’t used for long-term care can be left to your heirs. These products typically require you to commit large sums or are paid in installments over 5 to 10 years, although some now have “lifetime pay” options.

Home equity. People who move permanently into a nursing home may be able to sell their houses to help fund the care. Reverse mortgages may be an option, if one member of a couple remains in the home. This type of loan lets them use their home equity. However, it must be repaid if the owners die, sold, or they must move out.

Contingency reserve. People with a great deal of investments could plan on using some of those assets for long-term care. Their investments can produce income, until there’s a need for long-term care, and then can be sold to pay for a nursing home or home health aide.

Medicaid spend-down. Those who don’t have much saved or who face a catastrophic long-term care cost that cleans out their entire savings, could wind up applying for Medicaid. Ask an elder law attorney about ways to protect, at least some assets for your spouse.

Reference: MarketWatch (July 19, 2019) “This is how much long-term care could cost you, and don’t expect Medicare to help”

How Do I Know If Can I Retire Early?

“If you're considering retiring early, you'll forego not only the headaches of working but also the additional money earned that could have made your retirement even more comfortable. Make sure that you're truly ready before you leave.”

Investopedia’s recent article, “6 Signs You Are Ready to Retire Early” gives you six things to consider, when thinking that you may be able to retire early, instead of continuing to work.

1. Debts Paid Off. If the mortgage is paid off, and you don't have any loans, big credit card balances, or other debt, you won't have to worry about writing out big checks for bills in retirement. Therefore, your savings and retirement income will be available for you to enjoy life after work and free to use, in the event of an emergency.
2. Savings. If your investments meet or exceed the amount you were hoping to save, it’s another good sign you could take early retirement. However, if you didn't line up your retirement savings plan for early retirement, you’ll have to recalculate the length of your savings with these additional years. Depending on your age, you may not yet be eligible for Social Security or Medicare. As a result, your savings will need to cover expenses, until you reach the eligible age.
3. Early Withdrawal Penalties Avoided. If your 59th birthday was six months ago or longer, you're eligible to take penalty-free withdrawals from any of your 401(k) plans. This typically applies to other qualified retirement plans but check with the IRS to be sure yours is included.

If you’re a wannabe early retiree with a 401(k), if you continue working for your employer until the year that you turn 55 (or after), the IRS lets you withdraw from only that employer's 401(k) without penalty when you retire or leave, provided you leave it at that company and don't roll it into an IRA. However, if an employee retires before age 55 [except as noted above], the early retirement provision is forfeited, and the 10% penalty will be incurred for withdrawals before age 59½. You can also set up a series of substantially equal withdrawals over at least five years, or until you turn 59½, whichever is longer. However, similar to withdrawals from a 457 plan, you'll still have to pay the taxes on your withdrawals.

4. Healthcare Costs. Early retirees must have a plan in place to cover health costs during the years after retiring and before becoming eligible for Medicare at age 65. If you have coverage through your spouse's plan—or if you can continue to get coverage through your former employer—it’s another signal that early retirement could be an option. COBRA may also extend your healthcare coverage for a period after leaving your job. However, without your former employer's contributions to your insurance coverage, your bills with COBRA may be higher than other options. You can also buy private health insurance. If you have a Health Savings Account (HSA), you can use tax-free distributions to pay for your out-of-pocket qualified medical expenses, regardless of what age you are. Note that if you leave your job, you won't be able to keep making contributions to the HSA.
5. The Ability to Live on Your Budget. Retirees on fixed incomes, like those with pensions and/or retirement plan withdrawals, typically have lower monthly incomes than they did when they were working. Practice sticking to a retirement income budget for at least several months and test your reduced retirement budget to get a feel for how hard living on a fixed income can be.
6. You’ve Prepared a New Plan. Leaving work early to spend long days staring at the walls or your spouse will lead to a miserable early retirement. It can also lead to increased spending, if expensive travelling, shopping and dining out become your main activities. Create a defined travel, hobby, or part-time employment plan. You can even create a daily routine. These can help you ease into early retirement.

Reference: Investopedia (May 16, 2019) “6 Signs You Are Ready to Retire Early”

What are Some of the Hidden Risks in Retirement?

“Being well-prepared for retirement is wonderful, but there is no fail-safe plan. Things can unravel, due to many inherent post-retirement risks.”

Knowing the risks that may be found in retirement and the ways in which they can harm financial security is critical to making important modifications in a retirement plan. Sometimes without those changes, the effect of unfavorable and unpredictable events can be far worse.

The Bay City (TX) Tribune’s recent article, “5 hidden risks in Retirement” says that once you have a retirement plan in place, it’s not etched in stone. Circumstances change, and you may add or lose family members, your retirement objectives may shift, the economy may create new considerations and financial innovations may present new opportunities.

Be sure that your retirement plans (and beneficiaries) are current. Review these at least once a year.

Retirees and those making retirement plans should know about these five risks:

• Running out of money before you die, is a primary concern of most retirees. This is even a greater concern, as the average life expectancy has increased.
• Be certain that both you and your spouse are protected from the unexpected, such as the financial impact of the loss of one spouse. The surviving spouse will only get the higher of your two Social Security checks. Life insurance and estate planning are important to protect survivors.
• A longer life expectancy could result in high costs in a long-term care facility. Look into long-term care insurance.
• Know that a 50% gain doesn’t let a portfolio recover from a 50% loss. It takes a 100% gain to restore a 50% loss. Common stocks have substantially out-performed other investments over time and are usually recommended for retirees, as part of a balanced asset allocation strategy.
• Finally, plan on prices for food, goods, and services to increase during retirement, which reduces your buying power incrementally because you’re living on a fixed income. You must factor that in.

Knowing what the potential post-retirement risks are and considering them in the retirement planning stage, will help you be sure that they are mitigated and managed properly.

Reference: The Bay City (TX) Tribune (July 19, 2019) “5 hidden risks in Retirement”

Should I Use an Irrevocable Life Insurance Trust?

“An irrevocable life insurance trust (ILIT) can provide peace of mind, as you start your estate planning process. If you have a sizable estate or young beneficiaries, an ILIT can provide control over a life insurance policy that a last will and testament may not.”

The word “irrevocable” in an irrevocable life insurance trust (ILIT) means that its creator (also called the “grantor”) can’t change it once it’s set up. This type of trust has its benefits but there are some things to consider before setting it in stone. Revocable trusts are more commonly used, because they have greater flexibility for the trust creator to make changes to the trust terms.

KAKE.com’s recent article, “How an Irrevocable Life Insurance Trust (ILIT) Works,” explains that a revocable trust lets the grantor change or even end the trust. An irrevocable trust permits no modifications from the trust creator, once it’s been drafted. The only ones allowed to make and approve changes are the beneficiaries. However, these trusts have some benefits despite their inflexibility.

With an irrevocable trust, death benefits will not be part of your gross estate, so they aren’t subject to state and federal estate taxes. However, while your estate is exempt from estate taxes, they may be subject to taxes in your beneficiaries’ estate, which can shift your tax burden onto them.

An irrevocable trust allows restrictions to be put in place for minors who may not be responsible or equipped to handle large amounts of money. You can set up terms, so beneficiaries have to attain a certain age to gain assets or accounts.

An irrevocable trust can also protect you and your family from creditors.

The IRS says that life insurance payouts are usually not included in your gross assets, but there are exceptions. If you’ve earned interest on a life insurance payout, any interest you received is taxable. In addition, if a life insurance policy was transferred to you by another individual for money, only the sum you paid is excluded from taxes.

There are some drawbacks to an ILIT. Some of the tax benefits of an ILIT only work in if you live three or more years after transferring your own life insurance policy to the trust. Otherwise, the IRS will include life insurance proceeds in your estate for estate tax purposes. The ILIT can buy the policy and avoid that rule, but you’ll have to fund the trust to pay premiums.

Giving the trust money for that policy may also make you subject to gift taxes. However, if you send beneficiaries a letter after each transfer telling them that they don’t have immediate access to the money, gift taxes won’t apply.

The biggest downside to an ILIT is that you can’t change it once it’s established. You give up control of assets and can’t dissolve the trust, unless you simply stop making payment for premiums. Although the trust rids you of certain taxes, your beneficiaries may take on a big tax burden, once they get the assets in your estate.

An irrevocable trust can be complex, even when life insurance isn’t involved. You should work with an experienced estate planning attorney to see if this an option for you.

Reference: KAKE.com (July 19, 2019) “How an Irrevocable Life Insurance Trust (ILIT) Works”

What Bills Has Congress Introduced to Help Veterans?

“While the House was busy passing its defense spending bill last week, other members of Congress were introducing other legislation aimed at helping veterans.”

radio.com’s article “Congress introduces bills to increase veteran benefits, refund home loan fees, help women veterans,” lists all of the legislation that’s been introduced in Congress aimed at helping veterans.

Cost of living adjustment (COLA). Senators Johnny Isakson, R-Ga., and Jon Tester, D-Mont., chairman and ranking member of the Senate Committee on Veterans Affairs, introduced the "Veterans Compensation Cost-of-Living Adjustment Act," which aims to increase veteran disability benefits from Veterans Affairs.

The COLA for veterans will mirror the increases to Social Security recipients and is decided by the Bureau of Labor Statistics' Consumer Price Index annually.

“My top priority is to ensure that veterans and their families receive the benefits they earned while serving our country,” Isakson said. “I’m proud to introduce this legislation to increase benefits for disabled veterans in keeping with rising costs of living.”

Home loan fee refunds. Tester and Sen. John Boozman, R-Ark., introduced a bill to make certain that the VA repays disabled veterans for home loan fees wrongfully charged.

An Inspector General report revealed that the VA wrongfully charged nearly 73,000 disabled veterans $286.4 million in home loan fees. The VA has been aware of the fact that it owes those veterans the money since at least 2014.

"The (VA's) failure to uphold this responsibility has unduly burdened disabled veterans. This bill ends the VA’s practice of unlawfully charging veterans who qualify for funding fee waivers. Ensuring the VA implements a process to reimburse veterans who weren’t required to pay in the first place and prevent veterans from unfair penalties in the future must be a priority,” Boozman said.

Care for women veterans. Rep. Lauren Underwood, D-Ill., introduced the Caring for Women Veterans Act, which would create an annual VA report to make certain that women veterans receive quality healthcare from VA hospitals.

The population of women veterans will nearly double by 2043, and advocates say the VA must modernize to ensure that all VA facilities are equipped to provide comprehensive services for all veterans.

Veteran burials. Another bill from Boozman and Tester is designed to assist state cemeteries in meeting federal standards for veteran burials.

Reference: radio.com (July 15, 2019) “Congress introduces bills to increase veteran benefits, refund home loan fees, help women veterans”

Should I Get Attorney to Write My Will?

“Estate planning can be tricky, which is why many people turn to attorneys to get the job done right.”

Drafting a will is an essential part of estate planning. Even though it’s vitally important, a recent survey from AARP revealed that two out of five Americans over the age of 45 don’t have one.

The Reflector’s recent article, “Things people should know about creating wills,” says that writing your wishes down on paper helps avoid unnecessary work and stress when you die. Signing a will allows heirs to act with the decedent’s wishes in mind and also will make certain that assets and possessions go to the right people.

Estate planning can be complicated. That is the reason why many people turn to estate planning attorneys to make sure this important task is done correctly and legally. Here are some of the estate planning topics to discuss with your lawyer:

List of Your Assets. Create a list of your assets and determine the ones covered by the will and those that will have to be passed through joint tenancy on a deed or a living trust. For instance, life insurance policies or retirement plan proceeds will be distributed by the beneficiaries you named in each account. Remember that your will can list other assets, like memorabilia, antiques, cars and jewelry.

Naming a Guardian. Parents with minor children should definitely designate the person or persons whom they want to become guardians, if they were to die unexpectantly. They can also use their will to name a person who will be in charge of the finances for the children.

Remembering Your Pets. It’s common for pet owners to use their will to detail guardianship for their pets and to leave money or property to defray the cost of their care. However, remember that pets don’t have the legal capacity to own property, so don’t leave money directly to pets in a will. A pet trust is legal in most states and is the best way to leave money and name a caretaker for your pets.

Stating Your Funeral Instructions. Settling probate won’t occur until after the funeral. As a result, any funeral wishes in a will frequently aren’t read until after the fact.

Designate an Executor. This is a trusted individual who will execute the terms of the will. He or she should be willing to serve and be capable of executing the will.

Those who die without a valid will become intestate. This will result in their estate being settled, based on the laws of where that person lived. A court-appointed administrator will have the authority to transfer the assets and property. This administrator is bound by the state’s intestacy laws and may make decisions that go against the decedent’s wishes. To avoid this, work with an experienced estate planning attorney to draft a will and other estate planning documents.

Do My Credit Card Debts End When I Do?

“Some things don’t disappear even when you die, including credit card debt.”

Although you can’t take your gold MasterCard and black American Express cards with you, the remaining balance you owe can be collected from your estate.

The good news is that your heirs are not responsible for paying the bill. It just means that these types of liabilities come off the top—or are satisfied first—before any bequests or remaining assets are distributed to heirs.

In other words, Newsday’s recent article “Help your heirs avoid having to pay your credit card debt” says, your heirs will pay those cards off indirectly, because money that comes out of the estate means less for them.

In a time of sadness and stress, no family wants to talk to creditors looking to get paid for delinquent balances.

There are a few ways to avoid this situation and to lessen the burden on your family. Let’s look at ways to skip the situation altogether.

Pay off the debt. Of course, since you never know when you might die, keep on top of your expenses. It’s always a best practice. Remember, less or no debt means less or no headaches and frustration for your heirs.

If you do have unpaid debt, be sure your family is familiar with the laws, so they won’t fall victim to dishonest collections agencies and harassing bill collectors.

Make it easy on your heirs. Begin the process with a legally valid will that designates an executor of your estate. That way, there won’t be any arguments or questions about who will be in charge of handling the estate. This way no one has to jump through extra hoops and waste their time and energy to gain access to the estate.

Talk to an estate planning attorney and get some advice. When you visit with an experienced estate planning attorney, make sure that you have a record of all of your up-to-date financial records with all your accounts, assets and liabilities. Make sure the executor of the estate knows where these materials are and how to locate them.

Reference: Newsday (July 14, 2019) “Help your heirs avoid having to pay your credit card debt”

How Does a Life Estate Work?

“When you use a life estate, how does it work? What are the restrictions and who pays the property taxes and other expenses for the home?”

Life estates are used for a number of estate planning purposes. However, the most frequent strategy is to use a life estate where a parent transfers a home to a child and retains a life estate for themselves.

nj.com’s recent article, “How does a life estate work to transfer a home to a child?” explains that as a result of the transfer, the child becomes the owner of the home but the parent has certain rights and responsibilities.

The most critical right retained with a life estate, is the exclusive right to reside in the property. A child cannot force the parent to move out, and likewise, the child doesn’t have any right to live there. The child can live with their parent, but the deed doesn’t give the child the legal right to live there.

With a life estate, the parent must pay the property taxes and all the regular maintenance connected to the property. In addition, the life tenant is responsible for repairs—but not improvements.

This can be hard to determine, but typically the life tenant must maintain the property in the same condition, as when the life estate deed was signed. Therefore, if the parent moves out, and the property is rented, the parent has the right to receive all of the rents.

When the parent passes away, the life estate automatically ceases and the child now has all of the rights associated with the property.

As far as income tax, when the parent dies, the property receives a “step up” in basis to the date of death value. If the property is sold after the parent dies, the capital gain or loss is calculated by deducting the date of death value from the sales price. It’s a very important tax advantage, if the parent has owned the home for a long time and the property has a low basis.

Retaining the life estate can help the child avoid the capital gains tax more effectively than just transferring the property outright to the child.

However, in contrast, if the property is sold while the parent is still alive, part of the proceeds will be allocated to the parent and part will be allocated to the child.

Only the percentage that’s allocated to the parent will be excluded from income under the federal tax laws. The part that’s allocated to the child may be subject to capital gains taxation.

Every family’s situation is different, so it would be wise to speak with an estate planning attorney to explore whether or not a life estate would be the best situation for you and your family.

Reference: nj.com (July 12, 2019) “How does a life estate work to transfer a home to a child?”

What Can I Do with a Trust to Help My Children?

“There are mechanisms that you can put in place through a trust to help your children become financially responsible with their inheritance.”

Young people like to keep things simple. Millennials don’t want their parents’ furniture or antiques. They want to be able to move easily, without a lot of headaches. Millennials are okay with jewelry, art and cash. Likewise, with estate planning, millennials want a simple will. This can be a wise choice, if they’re just married and under the estate tax threshold. However, when they have children of their own, they should consider a trust.

Forbes’s recent article, “Why A Simple Will Won't Cut It If You Have Young Children,” explains that without a trust, minor children inherit assets outright when they turn 18. That may be a problem, if your children are apt to blow through their inheritance in a few years, instead of using the money wisely.

However, an inheritance could last a lifetime, if the beneficiary lives within her means, doesn’t tap into the principal and works to help support her lifestyle and supplement her income. However, this isn’t always the case, and individuals with access to so much cash are often vulnerable to developing addictions.

A trustee can make certain that your children and young adults are cared for over the long-term. If you’re not alive to guide and direct your children, a trust can set the necessary limitations for their finances. The trustee can also help with your children’s financial literacy, so they’ll possess tools, if and when they’re given additional responsibility for their inherited assets.

This isn’t just for minor children who are under 18 years old, but also for young adults. The fact that a child is “legal” in the eyes of the law, doesn’t mean she’s responsible enough to invest a million-dollar inheritance. A trust sets up an experienced advisor to manage inherited assets along the way.

One option, when they’re mature enough, is to set up the trust, so they will become a co-trustee. This lets them have a say with the trustee and to make decisions about the management of the trust assets. Your trust can also give them access to distributions of principal slowly over time, so they get used to managing large sums of money.

Simple solutions can work for some people, and there are definitely situations in which a simple will is appropriate. But if you have minor children, you don’t want to allow them to let them inherit money at 18.

Ask your estate planning attorney about the options available to set up a trust to work for your family.

Reference: Forbes (July 12, 2019) “Why A Simple Will Won't Cut It If You Have Young Children”