Category: Elder Law

  • Understanding Medicaid: What Does Medicaid Cover?

    In the complex and frequently changing landscape of health care in the United States, Medicaid stands out as a vital program. Since 1965, it has provided essential coverage to millions of low-income individuals and families. Alongside Medicare, Medicaid serves as a lifeline for those who may otherwise struggle to afford health care services.

    Though Medicaid exists to help those who need it, navigating the specifics of what it covers and does not cover can be daunting. This article highlights the basics of Medicaid coverage, shedding light on its benefits and limitations.

    The Basics of Medicaid

    Medicaid offers health care coverage to individuals and families with limited income and relatively few assets. The program provides a wide range of medical services, including doctor visits, hospital stays, prescription drugs, and preventive care. Medicaid is a joint federal and state program, so each state has the flexibility to administer the program differently within broad federal guidelines.

    The eligibility criteria for Medicaid benefits can therefore vary from state to state. Generally, they relate to factors such as income, household size, disability status, and age. Some groups, such as children and pregnant women, may qualify based solely on income. Others, such as seniors and people with disabilities, may need to meet additional criteria.

    Services covered by Medicaid also vary from state to state. Each state is required by federal law to provide Medicaid’s mandatory benefits. However, you cannot necessarily assume your state will cover the specific medical care you need.

    The following benefits are provided as a guideline. Partner with a professional with expertise in your state’s Medicaid rules to ensure you get the most suitable coverage.

    What Medicaid May Cover in Your State

    Doctor Visits and Preventive Care

    Medicaid should cover visits to primary care physicians, specialists, and other health care providers for preventive services. This may include vaccinations, screenings, and wellness exams.

    Hospital Services

    Medicaid coverage for inpatient and outpatient hospital care may include emergency room visits, surgeries, and medically necessary treatments.

    Transportation to Medical Care

    Medicaid generally covers the costs of emergency and non-emergency transportation to and from medical appointments and services that are covered by Medicaid.

    Prescription Drugs

    Medicaid provides coverage for a wide range of prescription medications deemed medically necessary by health care providers. However, coverage may vary depending on your state’s specific guidelines.

    Laboratory and Diagnostic Services

    Medicaid may cover laboratory tests, diagnostic imaging, and other medical tests necessary for diagnosis and treatment.

    Maternity and Newborn Care

    Pregnant women enrolled in Medicaid receive comprehensive prenatal, delivery, and postpartum care, as well as coverage for newborn care.

    Mental Health and Substance Abuse Services

    Mental health services may be eligible for Medicaid coverage. These may include counseling, therapy, and psychiatric care, as well as treatment for substance abuse disorders.

    Long-Term Care

    Medicaid provides coverage for long-term care services. This includes care in nursing facilities and home health services for eligible individuals who require assistance with daily activities. Individuals may qualify for these services because of age, disability, or chronic illness.

    Dental and Vision Care

    Coverage for dental and vision services varies by state. Medicaid often includes preventive and basic dental care for children and limited coverage for adults. Vision care may include exams and eyeglasses for children.

    What Does Medicaid Not Cover?

    Cosmetic Procedures

    Medicaid typically does not cover elective cosmetic procedures or treatments that are considered purely cosmetic in nature and not medically necessary.

    Experimental or Investigational Treatments

    Medicaid does not cover experimental or investigational treatments that have not been proven effective or approved by regulatory agencies.

    Certain Types of Care

    Though Medicaid covers a wide range of services, there are limitations on certain types of care, such as infertility treatments, elective abortions, and some types of alternative medicine. For example, the federal government lists family planning as a mandatory service benefit, but states interpret this differently.

    For more queries you can concern with frank bruno jr

    Non-Emergency Medical Transportation

    Though some states offer limited transportation assistance for medical appointments, Medicaid may not cover non-emergency transportation to health care facilities.

    Out-of-Network Providers

    Medicaid typically requires beneficiaries to receive care from providers within the program’s network. Out-of-network care may not be covered except in emergency situations or with prior authorization.

    Certain Prescription Drugs

    Though Medicaid covers a broad range of prescription medications, coverage may be limited for certain drugs, particularly brand-name medications.

    Routine Foot Care

    Medicaid often does not cover routine foot care unless it is medically necessary. For example, treatments such as nail trimming, callus removal, or orthopedic shoes may be covered only for Medicaid beneficiaries with a specific condition, such as diabetes.

    Seek Expert Advice on Medicaid

    Medicaid plays a crucial role in ensuring access to health care for millions of vulnerable individuals and families nationwide. By covering a wide range of essential medical services, Medicaid helps improve the health of eligible beneficiaries. It also alleviates financial burdens for people with low income who may otherwise struggle to afford care.

    Though Medicaid covers many services, exclusions and limitations could result in unexpected costs or denials of coverage. Be sure you understand the scope and limitations of Medicaid coverage in your state so you can make informed decisions about your health care needs and costs.

    Contact your elder law attorney today to talk further about Medicaid. They can walk you through the benefits that may be available to you and help you understand how you can qualify for coverage.

    Read more: What Are the Most Important Legal Estate Planning Components?

     

     

  • The Costs of the Rising Cost of Long-Term Care

    Do you have a family member who is receiving some form of long-term care? If you don’t, the chances are good that someday you will – and that day may not be too far away. As the U.S. population ages and life expectancies increase, the need for long-term care is becoming an important consideration for many individuals and families.
    Long-term care refers to a range of services and support one may need to meet their personal care needs over an extended period. This type of care may be available in a person’s home, at an assisted living facility, or at a nursing home. These services can range from help around the house to 24-hour care in a nursing home or memory care unit.
    Though the cost of long-term care varies widely across the United States, it has been rising and will continue to rise. According to Genworth Financial, the current average cost of a private room in a nursing home is $108,405 per year.

    Long-Term Care Payments or Retirement Savings?

    A recent survey conducted by The Harris Poll on behalf of Nationwide asked 1,334 U.S. adults 28 years old or older about balancing caregiving obligations and their long-term financial situations. Results revealed that many adults are sacrificing long-term financial well-being to give or pay for long-term care for parents or other loved ones.
    Some people leave good-paying jobs to take lower-paying jobs with more flexibility so they can care for loved ones with long-term care needs. This can derail a person’s career and cost them a significant amount of earning potential in the long run. Other people may be able to keep their full-time jobs but pay out-of-pocket expenses for which they will never get reimbursed. The Harris Poll/Nationwide survey found that people pay an average of $338 per month for caregiving expenses.
    The survey also found that more than half (56 percent) of respondents said they are willing to borrow from their retirement accounts to help pay for long-term care for a loved one. Borrowing from a retirement account can drastically reduce the account’s ability to generate enough funds for retirement. Nearly half (43 percent) of the survey’s respondents are concerned that caregiving expenses will keep them from retiring.

    Long-Term Care Planning

    Though the cost of caregiving can have a significant effect on a family’s finances, only 17 percent of the survey respondents said they have discussed long-term care and its costs with a financial professional. Of the adults surveyed, 30 percent said that their financial professional has not brought up the subject of long-term care planning with them.
    According to Holly Snyder, president of Nationwide’s Life Insurance business, long-term care planning is often a complicated and emotional process and can have a significant effect on a family’s financial well-being. Nationwide’s data show that Americans would benefit from being more proactive with their financial planning, especially with regard to planning for long-term care costs.

    Long-Term Care Insurance

    A good way to plan for the costs of long-term care is to invest in long-term care insurance. Long-term care insurance (LTCI) is a type of insurance designed to cover the costs of long-term care services. Individuals with LTCI usually have more options for the type of care they receive and where they receive the care. Having long-term care insurance can also reduce emotional and financial stress on families, since they know that proper care will be accessible when it is needed.
    Unfortunately, too many Americans are not taking full advantage of strategies to help them manage and mitigate long-term care costs, such as LTCI. According to the survey, only one in five adults said they have long-term care insurance. Of those who have not purchased this type of insurance, nearly half (49 percent) said the perceived high cost of the insurance was a deterrent.
    The Cost of LTCI
    The cost of long-term care insurance varies widely based on several factors:
    • Age and Health: Premiums are generally lower if you purchase a policy at a younger age and when you are in good health.
    • Gender: Women typically pay more than men because they tend to live longer and are more likely to need long-term care.
    • Marital Status: Married couples often receive discounts on their premiums.
    • Benefit Amount and Duration: The cost is influenced by the daily or monthly benefit amount you choose and the length of time benefits will be paid (for example, three years, five years, or for a lifetime).
    • Elimination Period: This is the waiting period before benefits begin. A longer elimination period usually reduces premiums.
    • Inflation Protection: Adding inflation protection increases the premium but ensures that benefits keep pace with the rising costs of care.
    The cost of long-term care insurance can also vary significantly depending on where a person lives. This can add another challenging factor when people begin to think about purchasing a long-term care insurance policy. According to the survey, people often overestimate the cost of LTCI. When the survey participants were presented with a sample of an LTCI policy, 20 percent guessed the policy cost more than $500 per month when, in fact, the policy cost $130 per month.
    According to Forbes, the average annual cost of long-term care insurance in the U.S. in 2023 was $1,200 for a 60-year-old man and $1,960 for a 60-year-old woman. The cost is lower for younger individuals and higher for older individuals.

    Seek Expert Advice Before You Purchase an LTCI Policy

    Long-term care insurance offers a way to safeguard against the high costs of long-term care, providing financial protection, choice, and peace of mind. However, it’s essential to carefully consider the cost, benefits, and your unique circumstances before purchasing a policy. Consulting with your elder law attorney, financial advisor, or insurance specialist can help in making an informed decision tailored to individual needs and financial situations.
    Contact your elder law attorney today to talk further about your options for affording long-term care. They can walk you through the options that may be available to you and help you understand the benefits and costs.
  • The Most Common Disruptions Faced by Seniors in Retirement

    Retirement is a phase of life that many Americans eagerly anticipate, envisioning a time of relaxation and enjoyment. However, unforeseen challenges can disrupt this ideal retirement scenario.

     

    In a recent survey conducted by Edward Jones, nearly half of today’s retirees admitted to experiencing unexpected surprises and difficulties. Let’s look at the most common disruptions faced by seniors in retirement and provide valuable insights to help you navigate these challenges.

    1. Loss of a Family Member or Close Friend

    The Impact on Financial Wellbeing

    The most common disruption faced by retirees is the death of a family member or close friend, which was cited by 42% of respondents.

     

    For those who lose a spouse or partner, this event can be extremely disruptive, as reported by 77% of respondents. It is important to note that many couples plan for retirement together, optimizing their savings.

     

    The death of a spouse or partner, in particular, can disrupt retirement plans and affect income. It’s essential to understand the potential financial consequences and take proactive steps to manage your finances effectively during such difficult times.

     

    Proper estate planning can play a crucial role in mitigating these challenges and ensuring a smoother transition. Establishing a comprehensive estate plan that includes important elements such as wills, trusts, and beneficiary designation can help you clarify your wishes regarding the distribution of assets, property, and financial accounts.

     

    2. Personal Health Issues

    Navigating Medical Costs and Lifestyle Adjustments

    The second most common challenge for retirees is personal health issues, which were experienced by 30% of respondents, with 45% describing them as extremely disruptive. As the population’s longevity increases, there is a higher incidence of long-term illnesses.

    Dealing with personal health issues during retirement can significantly impact both your physical well-being and your financial stability. Medical expenses can quickly accumulate, and lifestyle adjustments may be necessary to accommodate your changing health needs.

     

    Legal tools like healthcare directives and powers of attorney ensure your healthcare decisions align with your personal preferences. By appointing a trusted individual to make medical choices on your behalf, you can have peace of mind knowing that your wishes will be respected.

     

    Options like purchasing long-term care insurance options or structuring your assets strategically can protect your savings from being depleted by medical expenses.

    3. Spouse’s or Partner’s Health Issues

    Ensuring Financial Security

    Health issues affecting a spouse or partner can also have financial implications and potentially disrupt the other partner’s ability to earn income. Approximately 21% of respondents cited this disruption, with 42% considering it extremely disruptive.

     

    Prolonged illness often leads to ballooning healthcare expenses and the need for one partner to step away from their job to become the caretaker. This burden often falls disproportionately on women, impacting their ability to retire on time.

     

    By considering options such as long-term care insurance and Medicaid planning, you can explore strategies to cover the costs of care while preserving your assets and minimizing the impact on your financial stability.

    4. Significant Financial Setbacks

    Mitigating Unexpected Expenses

    Retirement can be accompanied by unexpected financial setbacks, such as inflation, rising living costs, unforeseen medical expenses, home repairs, or providing financial support to family members. These challenges can strain your finances and disrupt your retirement plans.

     

    One aspect of financial planning is creating an emergency fund that can serve as a safety net during unexpected financial crises. By setting aside a portion of your retirement savings for emergencies, you can be better prepared to handle unforeseen expenses without jeopardizing your long-term financial stability.

     

    Additionally, working with a professional who specializes in retirement planning can help you create a realistic budget and explore strategies to reduce debt and increase savings.

    5. Unexpected Retirement

    Planning for Unforeseen Circumstances

    For some retirees, the act of retiring itself can be a major challenge. The study reveals that 30% of retirees retired unexpectedly due to health issues, job loss, or family responsibilities like caregiving.

     

    By considering potential scenarios and having a solid plan in place, you can be better prepared to navigate unexpected retirement and make informed decisions to safeguard your financial future.

     

    Working with an experienced estate planning attorney, you can assess your current financial situation and create contingency plans that address potential challenges. This may involve adjusting your retirement savings strategies, reevaluating your retirement lifestyle expectations, and putting legal documents in place to protect your financial well-being.

    Conclusion

    Retirement should be a time of relaxation and fulfillment, but it’s important to be aware of the common disruptions that seniors may face. By understanding these challenges and taking appropriate steps to address them, you can better protect your future and enjoy a secure retirement.

     

    Let us help you navigate these complexities with our estate planning attorney team, who can provide valuable insights tailored to your unique circumstances. Remember, proactive planning today can help ensure a smoother retirement journey tomorrow. Contact us to get started.

  • Strategies for the “Sandwich” Generation

    Strategies for the “Sandwich” Generation

    If you are taking care of your aging parents and still helping your own children, you are part of the “sandwich” generation. If you feel as if you will never be able to go off duty because of all the people who make demands on your time and money, here are some strategies for the “sandwich” generation.

    Quite a few people start having children when they are in their forties. Your parents could already be in their sixties and seventies, when you have toddlers. By the time your children are in high school, you will be in your fifties with parents in their seventies or eighties. You should be focused on plowing lots of money into your retirement account. However, instead you find yourself pulled in many different directions, without the energy or resources you need for yourself.

    How People with Adult Children Can Get Pulled at Both Ends: Strategies for the “Sandwich” Generation

    You do not have to be raising young children to be in the sandwich generation. Your children might be adults but need financial help because of student loans or other financial pressures. Additional reasons you might need to assist your adult children include things like:

    • You have a child with a disability.
    • One of your children struggles with substance abuse.
    • You have a twenty-something or older child, who is in graduate school.
    • You provide much of the childcare for or you raise one of your grandchildren.

    These are only a few examples of the reasons you might find yourself having to lend a helping hand to your parents and your adult children.

    The Financial Impact of Taking Care of Two Generations: Strategies for the “Sandwich” Generation

    Any of these situations can put demands on your time, energy and finances. People who take care of their older parents and their own children often suffer as a result. For example, these caregivers drive everyone else to their medical appointments but do not have to time to go for routine checkups. There are not enough hours in the day to go for a walk to de-stress or get physical exercise. Sleep deprivation is common among “sandwichers.”

    The financial impact of dual caregiving can be both short-term and long-term. If you are constantly picking up medications and groceries for your elderly parents and helping your children financially, you might find yourself having a cash flow strain. The time the double caregiving takes from your schedule can also make it impossible for you to engage in the amount of gainful employment you would like, so you can increase your retirement savings.

    How to Handle the Stress and Exhaustion of Dual Caregiving: Strategies for the “Sandwich” Generation

    You are not alone. Many people have walked this path before you. They offer these suggestions:

    • Contact your local government agencies, community groups, senior organizations and charitable entities to find as many resources as possible to take some of the weight off of your shoulders. Adult day programs, respite care and other services can be a godsend.
    • Find sources of funding to ease your financial strain. Your aging parents might qualify for more benefits than they currently receive. You can use the website Benefit Finder to locate additional financial help, like Medicare, Medicaid, veterans benefits and many other programs.
    • Change your expectations. Your house does not have to be perfect. Your teens can get rides with friends, or you can set up a carpool.
    • Set a daily sleep goal of at least seven hours and stick to it. You cannot help anyone, if you get so exhausted that your health deteriorates.
    • Try to find the humor in daily situations.

    Remember, this stage and every stage is temporary. You are creating memories that you will treasure.

    References:

    HuffPost – “This Is What No One Told Me About Suddenly Joining The Sandwich Generation.” (accessed November 8, 2019)

    Benefits.gov – “Benefit Finder.” (accessed November 14, 2019)

  • The Secret Retirement Account HSA

    The Secret Retirement Account HSA

    Medical care is one of the highest expenses in retirement. There is a way for you to save funds for these costs with a triple tax benefit. You do not get taxed on the money you contribute to your Health Savings Account (HSA), on the money you withdraw from it to pay approved medical expenses, or on the earnings the account generates. You also do not have to use the money in the account, until you choose to do so.

    Do not confuse Health Savings Accounts (HSAs) with health care flexible spending accounts (FSAs). The two main differences between HSAs and FSAs are:

    • You can keep thousands of dollars in an HSA for years, even decades. You cannot do that with an FSA.
    • Unlike an FSA, you can invest the money in your HSA into mutual funds, so the account has a possibility for long-term growth and earnings.

    The Secret Retirement Account HSA. HSAs in a Nutshell

    You cannot get an HSA account as a stand-alone plan. You have to enroll in a high-deductible health plan that is eligible for HSA accounts. As of 2019, a high-deductible is at least $1,350 for individual coverage and $2,750 for family plans. Once you enroll in an eligible high-deductible health plan, here is what you need to know:

    • The contribution limit into your HSA is $3,450 in 2019 (combined contributions from you and your employer) for an individual plan and $6,850 for a family plan. If you are 55 or older, you can put an extra $1,000 into your account this year. Covered spouses can add an additional $1,000 to their accounts.
    • You usually cannot have both an FSA and an HSA.
    • Your contributions to your has, have to stop when you enroll in Medicare – any kind of Medicare package. The HSA funds can pay your Medicare premiums, but not your Medigap coverage.
    • If your employer does not arrange an HSA provider, you can open an HSA at the provider or your choice. Fees vary, so comparison shop for the best rates. Optum Bank and HealthSavings Administrators are two well-known HSA providers.
    • You do not have to leave the money in your HSA account. You can pay current approved medical expenses with your HSA account.

    The Secret Retirement Account HSA. HSAs Are Not for Everyone

    HSA accounts have unmatched tax savings potential, but these accounts are not a good choice for everyone. If you have chronic health issues or young children, you might do better off with a traditional form of health insurance like a PPO, instead of a high-deductible health plan. You should not delay getting medical care to keep the funds in the HSA.

    It is probably not the right time for you to open an HSA, if it would cause you financial stress. You should use a comparison calculator to decide which health care plan is best for you and your family.

    When you eventually withdraw money from your HSA, you must use it for approved medical expenses to avoid getting taxed on the funds. It might be your money, but once it goes into an HSA, the government puts restrictions on how you can use it. Be sure to save all receipts for medical expenses you paid with HSA funds.

    References:
    AARP. Your Secret Retirement Investment. (accessed June 12, 2019)

  • Surviving Spouse Needs An Estate Plan

    Surviving Spouse Needs An Estate Plan

    “If there ever comes a day when we can’t be together, keep me in your heart. I’ll stay there forever.” A.A. Milne

    “The boundaries which divide Life from Death are at best shadowy and vague. Who shall say where the one ends, and where the other begins?” Edgar Allan Poe

    When one spouse dies after meticulously titling assets to pass through joint tenancy to the surviving spouse, estate planning attorneys flinch. There are occasions when everything works smoothly, but they are the exception. As this article from the Santa Cruz Sentinel warns “After husband’s death, wife needs to create revocable trust.” Actually, she needs more than a revocable trust: she needs an estate plan.

    Most of the assets in the plan created by her husband, in this case, did pass to the wife outside of probate. However, there are a number of details that remain. She needs to obtain date-of-death values for any non-IRA securities the couple owned, and she should also have their home’s value determined, so that a new cost basis for the house will be established. She also needs an appointment with an estate planning attorney to create a will and an estate plan.

    If she dies without a will, her children will inherit the estate in equal shares by intestate succession. However, if any of her children pass before she does, the estate could be distributed to her grandchildren. If they are of legal age, there is no control over how the assets will be managed. Making matters worse, if a child or grandchild is disabled and receiving government benefits, an inheritance could make them ineligible for Social Security and Medicaid benefits, unless the inheritance is held within a Special Needs Trust.

    These are the basics of an estate plan. They protect loved ones from having to go to court to obtain the power to make decisions on your behalf, as well as protect your family from outsiders making claims on your estate.

    A revocable trust is one way to avoid probate. An estate planning attorney will be able to evaluate your own unique situation and determine what the best type of trust would be for your situation, or if you even need a trust.

    You may be thinking of putting your home, most families’ biggest asset, into joint tenancy with your children. What if one or more of your children have a divorce, lawsuit or bankruptcy? This will jeopardize your control of your home. A revocable trust will allow your assets to remain in your control.

    The last piece in this estate is the IRA. If you are the surviving spouse, you’ll want to roll over your spouse’s IRA into your own. Make sure to update the beneficiary designation. If you neglect this step and the IRA pays into your estate when you pass, then the IRA has to be cashed in within five years of your death. Your children will lose the opportunity to stretch IRA distributions over their lifetimes.

    An estate planning attorney can help guide you through this entire process, working through all the details. If your goal is to avoid probate, they can make that happen, while protecting you and your loved ones at the same time.

    Reference

  • Life Insurance for Elders?

    Life Insurance for Elders?

    Life Insurance for Elders? Should you continue to keep the policy, asks the Milford Beacon in the article “Should you keep your life insurance?”

    For term insurance, the answer is fairly straightforward. If the need for the death benefit is done, like paying off a mortgage or being able to pay for the kid’s college educations, then you don’t really need to have the policy. If your health is good and you expect to live well and long, then you could simply let the policy lapse. You won’t need to pay the premiums, but the death benefits will be over, as of the date that the policy lapses.

    An alternative is to convert the policy into one with cash accumulations. It isn’t the death benefit that you want, so much as the potential return of the cash value that could accumulate inside the policy. Some insurance companies may allow you to exchange your existing policy for a policy with hybrid features that include long-term care coverage and a death benefit. That may be useful, if you don’t otherwise have a long-term care insurance policy.

    When the life insurance is a permanent or whole life insurance policy, things get a little complicated. First, the review should begin with what is called an “inforce illustration.” This is a forecast as to what can be expected to happen with the policy, if you keep it. The insurance company’s actuaries get to sharpen their pencils here. There are many different factors that go into the inforce illustration, including rate of return on cash value, the company’s dividend crediting rate, the number of years the premium has been paid and your expected mortality rate, among them.

    What the inforce illustration will not show you is something your financial planner or estate planning attorney will: your policy’s “Internal Rate of Return,” also known as the IRR. The IRR on cash value shows how well your cash accumulates and what it earns inside the policy. You can then compare the IRR to other investments or savings, to see if this makes sense to keep.

    Here’s a simplified explanation of the IRR. Let’s say you invest $10,000 per year and have a death benefit far larger than this. The IRR on death benefit will show you the return on your premium dollars that will be returned through the issuance of a death benefit check. If you die early in the life of the policy, the check will be large. If you have the policy for an extended period of time, the IRR declines and the numbers are more like those you’d expect from a fixed income investment.

    Life Insurance for Elders? Another angle to consider: how does the life insurance policy fit within your estate plan? Would you want to have the proceeds go to a grandchild, now that your children have children of your own? Does it belong inside a trust? An estate planning attorney should review all your life insurance policies to see if they align with your overall estate plan goals.

  • Is it Wise to Have Three Grown Children Named Co-Executors of Your Will?

    Is it Wise to Have Three Grown Children Named Co-Executors of Your Will?

    “It is not what you do for your children, but what you have taught them to do for themselves that will make them successful human beings.” Ann Landers

    “There are only two lasting bequests we hope to give our children. One of these is roots, the other, wings.” Johann Wolfgang von Goethe

    Is it a good idea to have your three grown children listed as co-executors of your will? This may get somewhat confusing when probating a will, if there are multiple executors.

    What are the pros and cons to choosing one child to act as your executor, instead of selecting all three of your children to act together?

    nj.com’s recent article asks “I’m planning my will. Is it bad to have more than one executor?”

    The article explains that the duty of the executor is to gather all the decedent’s assets, pay any outstanding debts and liabilities and then account for and distribute the remaining estate to the beneficiaries, according to the instructions in the decedent’s will.

    The executor is allowed to hire professionals and others to help with tasks, like completing a decedent’s final income tax return or preparing the home for sale.

    When you have multiple executors appointed, these tasks can be assigned to each person to lessen the burden of the many duties and responsibilities that an executor has.

    On the downside, if those appointed can’t work together easily and without strife, appointing multiple siblings can make the administration of an estate much more difficult due to arguments, conflicts of interest, one sibling taking the lead to the resentment of the others or one executor undermining another executor’s actions.

    The problem is, in situations where the siblings don’t get along, designating one of them as executor can cause hard feelings and conflict. It’s not uncommon for those siblings who aren’t named as executor, to complain about every decision made by the named executor or delay in the administration of the estate.

    If there are multiple executors, the majority rules. That can avoid deadlock. Simple math in this case says that you want to avoid naming an even number of executors or name a person who can act as the tiebreaker.

    Even with a “majority rules” agreement among the executors, there are some financial institutions and other entities that may require all the executors to sign documents and/or checks on behalf of the estate. This can become burdensome and inefficient, if there are multiple executors.

    Speak with your estate planning attorney about your family dynamics and get their opinion about what would be best in your personal situation.

    Reference:

  • Using Trusts to Maintain Control of Inheritances

    Using Trusts to Maintain Control of Inheritances

    “The spendthrift robs his heirs the miser robs himself.” Jean De La Bruyere

    “If the Nation is living within its income, its credit is good. If, in some crises, it lives beyond its income for a year or two, it can usually borrow temporarily at reasonable rates. But if, like a spendthrift, it throws discretion to the winds, and is willing to make no sacrifice at all in spending; if it extends its taxing to the limit of the peoples power to pay and continues to pile up deficits, then it is on the road to bankruptcy.” Franklin D. Roosevelt

    Trusts, like estate plans, are not just for the wealthy. They are used to provide control, in how assets of any size are passed to another person. Leaving an inheritance to a beneficiary in a trust, according to the article from Times Herald-Record titled “Leaving inheritances to trusts puts you in control,” can protect the inheritance and the asset from being mishandled. Protection can be the main intention for creating a trust.

    For many parents, the inheritance equation is simple. They leave their estate to their children “per stirpes,” which in Latin translates to “by roots.” In other words, the assets are left to children according to the roots of the family tree. The assets go to the children, but if they predecease you, the assets go to their children. The assets remain in the family. If the child dies after the parent, they leave the inheritance to their spouse.

    An alternative is to create inheritance trusts for children. They may spend the money as they wish, but any remaining assets goes to their children (your grandchildren) and not to the surviving spouse of your child. The grandchildren won’t gain access to the money, until you so provide. However, someone older, a trustee, may spend the money on them for their health, education and general welfare. The inheritance trust also protects the assets from any divorces, lawsuits or creditors.

    This is also a good way for parents, who are concerned about the impact of their wealth on their children, to maintain some degree of control. One strategy is a graduated payment plan. A certain amount of money is given to the child at certain ages, often 20% when they reach 35, half of the remainder at age 40 and the balance at age 45. Until distributions are made to the heirs, a trustee may use the money for the person’s benefit at the trustee’s discretion.

    The main concern is that money not be wasted by spendthrift heirs. In that situation, a spendthrift trust restricts payments to or for the beneficiary and may only be used at the trustee’s discretion. A lavish lifestyle won’t be funded by the trust.

    If money is being left to a disabled individual who receives government benefits, like Medicaid or Supplemental Security Income (SSI), you may need a Special Needs Trust. The trustee can pay for services or items for the beneficiary directly, without affecting government benefits. The beneficiary may not receive any money directly.

    If an older person is a beneficiary, you also have the option to leave them an “income only trust.” They have no right to receive any of the trust’s principal. If the beneficiary requires nursing home care and must apply for Medicaid, the principal is protected from nursing home costs.

    An estate planning attorney will be able to review your family’s situation and determine which type of trust would be best for your family because using trusts to maintain control of inheritances works best.

    ReferenceTimes Herald-Record (Feb. 16, 2019) “Leaving inheritances to trusts puts you in control”

    Using Trusts to Maintain Control of Inheritances.

  • What are the “Must Have” Estate Planning Documents?

    What are the “Must Have” Estate Planning Documents?

    What are the “Must Have” Estate Planning Documents?

    “Leave nothing for tomorrow which can be done today” Abraham Lincoln

    “There is nothing like the death of a moneyed member of the family to show persons as they really are, virtuous or conniving, generous or grasping. Many a family has been torn apart by a botched-up will. Each case is a drama in human relationships — and the lawyer, as counselor, draftsman, or advocate, is an important figure in the dramatis personae. This is one reason the estates practitioner enjoys his work, and why we enjoy ours.” Jesse Dukeminier and Stanley M. Johanson, introduction to 1972 edition of Family Wealth Transactions: Wills, Trust, Future Interests, and Estate Planning.

    What do Aretha Franklin, Kurt Cobain, and Prince have in common? Aside from being famous and talented, each of these stars passed away without a will. All three had the money and attorneys to draft a proper estate plan, but for whatever reason, they didn’t draft one. It’s a good lesson to not neglect your estate plan.

    Motley Fool reports in the article, “3 Must-Have Estate Planning Documents To Get Done This Year,” that dying without a will creates numerous problems for your family. If there are no legal instructions in place, probate law dictates the distribution of your assets and selection of guardians for your minor children, which can cause problems. Regardless of your personal situation, you should think about creating these three important estate planning documents.

    Will. A will is used to distribute your estate, according to your instructions. A will can say how much and what type of asset each heir will receive, to minimize family fighting after your death. If you have young children, you can designate guardians in your will to be in charge of their care. If you die without a will, the probate judge will order who becomes their guardian.

    You also need a will to make charitable bequests, to expedite the probate court process and to reduce or eliminate estate taxes. When you draft your will, you’ll appoint trusted people to serve as the executor and the trustee.

    Living will. A living will can take effect while you are still alive. This is a legal document that sets out your instructions for medical treatment, if you become unable to communicate, such as whether or not you want to be placed on life support. A living will can relieve the emotional burden from your family of having to make difficult decisions.

    Power of attorney. This legal document helps in the event you’re incapacitated or in the hospital in an unresponsive state. A power of attorney gives the individual you designate the authority to transact financial and legal matters on your behalf. Set up a power of attorney, before you need it. If you don’t and you’re unable to make decisions, your family may have to petition the court to get those powers, which costs time and money.

    Estate planning is a huge favor that you’re doing for your family. Get these three legal documents in place.

    ReferenceMotley Fool (February 18, 2019) “3 Must-Have Estate Planning Documents To Get Done This Year”

    This post answered the question What are the “Must Have” Estate Planning Documents?