Law Office of Frank Bruno, Jr.

Category: Blog

  • 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)

  • 5 Foods You Need in Your Diet for More Energy

    5 Foods You Need in Your Diet for More Energy

    If you’re feeling run down, you’re not alone. According to the Mayo Clinic, fatigue is one of the most common health complaints. While many things can cause fatigue, diet is often a factor.

    If you’ve eaten a big bowl of pasta for lunch and then struggled to stay awake later, you’re not alone. Certain foods, like bread and pasta, cause major swings in blood sugar, which can result in fatigue. So, what should you eat when you need a boost of energy?

    If you’re looking for a way to boost your energy levels, try incorporating some superfoods into your diet. Superfoods are foods that are rich in antioxidants, vitamins, and minerals. They can help boost your immune system and improve your overall health.

    Give one of these energy-boosting superfoods a try:

    • Purple Sweet Potatoes – Besides being high in fiber, this purple superfood is full of slow-burning complex carbs and energy-boosting phytonutrients. The purple color comes from the same antioxidants that give blueberries their color and anti-inflammatory effects.
    • Green Tea – Although it contains much less caffeine than coffee, it may boost your energy even more than a cup of joe. It has an amino acid that reduces stress and improves cognitive function. That doesn’t mean you need to ditch the coffee, though. Coffee is a source of antioxidants as well and has been shown to reduce the risk of chronic diseases, including type 2 diabetes and liver disease.
    • Legumes and Beans – Beans and legumes provide protein and fiber that helps keep blood sugar stable. Gut bacteria thrive on beans, which help decrease inflammation, and legumes are a source of selenium, a natural mood enhancer.
    • Beets – This red superfood is excellent at detoxing the liver, an organ that can make you tired when not functioning well. Studies show that those who drank beet juice before running had better running times than those who didn’t.
    • Steel Cut Oats – These nutrient-dense whole grains are high in fiber and gluten-free, which translates into lots of consistent energy without dips in blood sugar. Although they take longer to prepare, they are worth the wait.
    • Blueberries – In addition to being loaded with energy-boosting carbs and powerful antioxidants, the same phytochemicals in purple sweet potatoes are known to boost immune function, decrease symptoms of depression, and help the body and mind recover from stress faster.
    • Almonds – These nuts are packed with fiber, protein, and magnesium, which play a crucial role in converting sugar into energy. Low magnesium levels can drain your energy, cause leg cramps, and result in sleep problems.
    • Spinach – Spinach is a leafy green vegetable packed with nutrients, including iron and B vitamins, essential for energy production.

    While all superfoods offer some health benefits, some are especially beneficial for older adults. For example, blueberries’ antioxidants help protect cells from damage. This is important for older adults, who are more susceptible to age-related diseases.

    The next time you head out to the grocery store, consider adding some of these superfoods to your cart and see what they can do for your energy levels and overall health. Also, if you have a loved one that is getting older and you are concerned for their health, giving them some of these goodies to snack on can help keep their health and energy in the right place.

    Please consider meeting with us if you have concerns regarding your or your loved one’s health or wellness. We would love to provide guidance on certain steps to protect what you have for the people you love the most before the unimaginable may happen.

    Contact us to learn more about how we can help.

  • 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)

  • Remaining Even and Fair in Estate Distribution

    Remaining Even and Fair in Estate Distribution

    Treating everyone equally in estate planning can get complicated, even with the best of intentions. What if a family wants to leave their home to their daughter, who lives locally, but wants to be sure that their son, who lives far away, receives his fair share of their estate? It takes some planning, says the Davis Enterprise in the article “Keeping things even for the kids.” The most important thing to know is that if the parents want to make their distribution equitable, they can.

    If the daughter takes the family home, she’ll need to have an appraisal of the home done by a certified real estate appraiser. Then, she has options. She can either pay her brother his share in cash, or she can obtain a mortgage in order to pay him.

    Property taxes are another concern. The taxes vary because the amount of the tax is based on the assessed value of the real property. That is the amount of money that was paid for the property, plus certain improvements. In California, property taxes are paid to the county on one percent of the property’s “assessed value,” also known as the “base year value” along with any additional parcel taxes that have become law. The base year value increases annually by two percent every year. This was created in the 1970s, under California’s Proposition 13.

    Here’s the issue: the overall increase in the value of real property has outpaced the assessed value of real property. Longtime residents who purchased a home, years ago still enjoy low taxes, while newer residents pay more. If the property changes ownership, the purchase could reset the “base year value,” and increase the taxes. However, there is an exception when the property is transferred from a parent to a child. If the child takes over ownership of the home, they will have the same adjusted base year value as their parents.

    If the house is going from parents to daughter, it seems like it should be a simple matter. However, it is not. Here’s where you need an experienced estate planning attorney. If the estate planning documents say that each child should receive “equal shares” in the home, each child receives a one-half interest in the home. If the daughter takes the house and equalizes the distribution by buying out the son’s share, she can do that. However, the property tax assessor will see that acquisition of her brother’s half interest in the property as a “sibling to sibling” transfer. There is no exclusion for that. The one-half interest in the property will then be reassessed to the fair market value of the home at the time of the transfer—when the siblings inherit the property. The property tax will go up.

    There may be a solution, depending upon the laws of your state. One attorney discovered that the addition of certain language to estate planning documents allowed one sibling to buy out the other sibling and maintain the parent-child exclusion from reassessment. The special language gives the child the option to purchase the property from the other. Make sure your estate planning attorney investigates this thoroughly, since the rules in your jurisdiction may be different.

    Reference: Davis Enterprise (Oct. 27, 2019) “Keeping things even for the kids”

  • It’s Better to Plan Ahead

    It’s Better to Plan Ahead. Two stories of two people who managed their personal lives very differently illustrate the enormous difference that can happen for those who refuse to prepare themselves and their families for the events that often accompany aging. As an article from Sedona Red Rock News titled “Plan ahead in case of sudden sickness or death” makes clear, the value of advance planning becomes very clear. One man, let’s call him James, has been married for 47 years and he’s always overseen the family finances. He has a stroke and can’t walk or talk. His wife Esther is overwhelmed with worry about her husband’s illness. Making matters worse, she doesn’t know what bills need to be paid or when they are due.

    On the other side of town is Sara. At 80, she fell in her own kitchen and broke her hip, a common injury for the elderly. After a week in the hospital, she spent two months in a rehabilitation nursing home. Her son lives on the other side of the country, but he was able to pay her bills and handle all the Medicare issues. Several years ago, Sara and her son had planned what he should do in case she had a health crisis.

    More good planning on Sara’s part: it’s Better to Plan Ahead: all her important papers were organized and put into one place, and she told her son where they could be found. She also shared with him the name of her attorney, a list of people to contact at her bank, primary physician’s office, financial advisor, and insurance agent. She also made sure her son had copies of her Medicare and any other health insurance information. Her son’s name was added to her checking account and to the safe deposit box at the bank. And she made sure to have a legal document prepared so her son could talk with her doctors about her health and any health insurance matters.

    And then there’s James. He always handled everything and wouldn’t let anyone else get involved. Only James knew the whereabouts of his life insurance policy, the title to his car, and the deed to the house. James never expected that someone else would need to know these things. Esther has a tough job ahead of her. There are many steps involved in getting ready for an emergency, but as you can see, this is a necessary task to start and finish.

    First, gather up all your important information because it’s Better to Plan Ahead. That includes your full legal name, Social Security number, birth certificate, marriage certificate, divorce papers, citizenship or adoption papers, information on employers, any military service information, phone numbers for close friends, relatives, doctors, estate planning attorney, financial advisor, CPA, and any other professionals.

    Your will, power of attorney, health care power of attorney, living will and any directives should be stored in a secure location. Make sure at least two people know where they are located. Talk with your estate planning attorney to find out if they will store any documents on your behalf.

    Financial records should be organized. That includes all your insurance policies, bank accounts, investment accounts, 401(k), or other retirement accounts, copies of the most recent tax returns, and any other information about your financial life.

    Advance planning does take time, but not planning will create havoc for your family during a difficult time.

    Reference: Sedona Red Rock News (July 9, 2019) “Plan ahead in case of sudden sickness or death”

  • How Do Prenup and a Postnup Vary?

    How Do Prenup and a Postnup Vary?

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    “yours is the light by which my spirit’s born:
    yours is the darkness of my soul’s return
    —you are my sun, my moon, and all my stars” E.E. Cummings

    “The best thing to hold onto in life is each other.” Audrey Hepburn

    Investopedia recently published an article, “Prenup vs. Postnup: How Are They Different?” It explains that if you or your spouse is wealthy, anticipating a big inheritance, or getting married for the second, third, or fourth time, divorce or death could result in serious financial trouble. In death, these issues are greater, if the spouse leaves children from a previous marriage. That’s why more couples are choosing to sign a prenuptial or postnuptial agreement.

    As prenuptial agreement is made prior to the marriage, where the couple determines how they’ll divide their assets should the marriage end.

    Although negotiating a prenuptial agreement before your wedding may seem unromantic, these agreements can save a lot of heartache and money in the event of divorce—especially when it’s not a first marriage. When a couple decides to divorce, prenups can prevent nasty, drawn-out, excessively expensive litigation. A prenup details everything, so everyone knows exactly who gets what and there’s no room for argument. These agreements also can dictate financial distributions in case of a spouse’s death, which is especially important for couples with children from previous marriages.

    Prenuptial (before a marriage) and postnuptial (after a marriage) agreements detail how a couple will divide their assets if the marriage ends. Prenups are useful if one spouse has substantial assets, a large estate, or anticipates getting a large inheritance or distribution from a family trust. A prenup can protect each spouse’s premarital assets, as property and income in a marriage would otherwise be deemed community property.

    Have an attorney draft one of these agreements, because tax law can create complications.

    A prenup can have terms that state how much your spouse will receive of your estate, if you get divorced or die. This is critical if you have a significant estate and children from a previous marriage to whom you want to leave some of your estate. If you don’t sign a prenuptial agreement that states this, most states will automatically give your surviving spouse a share of your estate at your death. With a prenup, you can predetermine a specific alimony amount or even eliminate this.

    Postnuptial agreements are almost identical to prenups. The big difference is that postnuptial agreements are made after the wedding.You will decide how to divide marital assets, as well as any future earnings, in your postnuptial agreement.

    Reference: Investopedia (April 25, 2019) “Prenup vs. Postnup: How Are They Different?”

  • Inheritance now what?

    Inheritance now what?

    Inheritance now what? Inheriting money puts a whole new spin on your outlook on money, says The Kansas City Star in its article “Coming into some money? Be wise with it.”

    Should you pay off your debts first, if you have any? Make a list of your debt balances and their interest rates. If the interest rate is high, pay it off. If it’s low, you may be better off investing the funds.

    Next, check on your emergency fund. If you don’t have three to six months’ worth of living expenses on hand, use your inheritance to ramp up that fund. Yes, you can use credit cards sometimes. However, having at least two months’ worth of living expenses in cash is worthwhile.

    The third step is to contribute the most you can to a health savings account (HSA), if your employer does not contribute to it and if you have a qualifying health plan. That’s $3,500 if you are single, $7,000 for families and add $1,000, if you are over 55. This gets you a nice tax deduction and withdrawals are tax-free, as long as they are used for qualified medical expenses.

    If you’re still working, and depending upon the size of the inheritance, it might be time to “tax-shift” your portfolio.

    Let’s say you regularly contribute $3,000 to a 401(k). If you can, increase that amount by $22,000, to the maximum, if you’re 50 and older. Since your paycheck decreases, so does your tax. If your tax rate is currently 22%, you’ll only need to add $17,160 from your inherited account to reach the same spendable dollars. The tax-deferred account in your portfolio will grow faster, while the taxable account shrinks.

    Think about whether to commingle funds with your significant other or not. Let’s say you and your spouse have a retirement portfolio. You both can spend it now, maybe on your house. The inheritance may also help you to retire earlier. If you save the inheritance, keeping it in a separate account with only your name on it, it remains your asset, in case of a divorce. Most states will consider this money a non-marital asset, and not subject to division between divorcing parties.

    Consider using the inheritance as a way to avoiding tapping into retirement accounts. Withdrawals from IRAs are taxable. If you’re not worried about commingling funds or investment gains, then use the inherited account to minimize the tax losses from retirement accounts.

    Most people don’t have enough saved to keep spending during retirement as they did while working. Skip the spending spree that often follows an inheritance and enjoy the money over an extended period of time.

    Receiving Inheritance, now what? Now is one of the times when a review of your estate plan becomes a wise move. A new financial position may require more tax planning and more legacy planning.

    Reference: The Kansas City Star (June 27, 2019) “Coming into some money? Be wise with it”

  • Busy People Need to Make Time for Retirement Planning

    Busy People Need to Make Time for Retirement Planning

    If you’re a busy mom or dad; are committed to long hours at work or have a successful career, maybe a real estate developer or a physician, you’re too busy to think about retirement. However, just like you had to prepare for your current position, you need to prepare for your life after you stop working, advises the article “Retirement planning for the busy professional” from the New Haven Register. What busy people often don’t realize, is that before they know it, retirement is around the corner.

    Making the transition to a successful, fulfilling retirement is not just about saving money, although that is an important factor. Here are a few tips to help you plan a great retirement:

    Use your imagination. What would you want your life to look like during retirement? How will you spend your days? Write down goals and be specific. If volunteering is something you don’t have time for now, would you want to become active in your community during retirement? What would that be—running a small organization or pitching in as part of a team? Do you plan on spending more time with your family? If so, what does that look like? Being very detailed will help you set goals and allow you to estimate your retirement expenses.

    Run the numbers. There are different scenarios that you can work through. For instance, if your idea of retirement is a schedule of non-stop travel, you can figure out what kind of trips you want to take—Elder Hostels or travelling first class—and what they’ll cost. If you already own a second home and plan to retire there, you have a good idea of what it costs to live in your second community. Consider investment returns, health care costs, taxes and life expectancy.

    Review your financial and legal plans. It is never too early to plan for the legal and financial aspects of your retirement. Anyone over age 18 should have an estate plan, both to protect you and your family in the case of death and incapacity. You should have a will, a power of attorney, health care proxy and possibly a trust. A financial plan will give you a roadmap. Are you saving enough? Are there opportunities you are missing? Do you have the correct insurance in place?

    Cut expenses and minimize debt. The less debt you have going into retirement, the better. Cutting expenses now will get you used to living within a tighter budget and controlling expenses. Write down your expenses to find out where the money is going. You will likely find some big surprises.

    Are your advisors right for you now, and will they be right for you in the future? If you’ve put up with an advisor who never returns your phone calls for a few years, is that the person you want to depend on when hard decisions need to be made about investments and retirement? Your team needs to include an estate planning attorney, a CPA and a financial advisor. Each of them should have a good working relationship with the other, and they should all be making you and your family a top priority.

    Reference:

    New Haven Register (Oct. 13, 2019) “Retirement planning for the busy professional”

  • Trouble sleeping? You might be getting too much of a good thing

    Trouble sleeping? You might be getting too much of a good thing

    You probably already know that a lack of sleep can make it hard to concentrate and make you irritable, but did you know how much sleep is ideal?

    Finding that perfect sweet spot between not enough sleep and too much sleep is important for all ages, particularly as we age. Studies have shown a link between sleep duration and the risk of dementia and other health conditions.

    Studies show that too much and too little sleep can affect your cognitive performance, including visual attention, memory, and how fast you can process thoughts. A lack of sleep can make it difficult to think clearly and make good decisions.

    An issue with oversleeping is that it can lead to health problems. For example, people who oversleep are more likely to suffer from obesity, heart disease, and diabetes.

    Due to all of these potential risks, it is vital to have an estate plan in place if something happens to you. Once your estate plan is in place, making your sleep a priority should be your next step to ensure your health and safety.

    Here are some tips for getting a better night’s sleep:

    • Don’t take too many naps – While it may be tempting to take a midday nap, that nap could wreck your ability to sleep later. According to the Sleep Foundation, the best time to do so is right after lunch if you are going to take a nap. They should only last 20 minutes, so they don’t disrupt your sleep pattern at bedtime.
    • Set a sleep schedule – If you wake up and go to sleep at different times each day, your body doesn’t get the opportunity to create a sleep routine. Try putting yourself on a schedule of going to bed at the same time every night and waking up at the same time each morning, even on the weekends.
    • Decrease your alcohol and caffeine intake at bedtime – While you may think a nightly cocktail helps lull you to sleep, the reality is that both alcohol and caffeine make sleep hard to come by. Experts say you should avoid caffeine and alcohol in the late afternoon and evening.
    • Create a calming environment – To help yourself relax and go to sleep, try creating a calming environment at bedtime. Engage in a quiet activity like listening to soft music, reading a book, or trying some gentle stretching for 30 minutes before bed. Turn the lights down and disconnect from laptops, televisions, tablets, and smartphones, which can keep your brain awake.

    By giving a few of these tips a try, you may get the perfect amount of sleep each night that your body craves and, in the process, become more mentally and physically healthy.

    It is important to note that most studies find that seven hours of sleep is the ideal amount of sleep. Those who experienced seven hours of sound sleep improved their cognitive performance and mental health.

    We specialize in educating and helping you protect what you have for the people you love the most. Contact us to learn more about how we can help.

  • What are Common Mistakes that People Make with Beneficiary Designations?

    What are Common Mistakes that People Make with Beneficiary Designations?

    “[In politics] when A goes after B and there’s a C, and D and a Q all lined up there, you have no idea who’s going to be the beneficiary.” Mark Shields

    “Nobody’s going to do your life for you. You have to do it yourself, whether you’re rich or poor, out of money or raking it in, the beneficiary of ridiculous fortune or terrible injustice. And you have to do it no matter what is true. No matter what is hard. No matter what unjust, sad, sucky things befall you. Self-pity is a dead-end road. You make the choice to drive down it. It’s up to you to decide to stay parked there or to turn around and drive out.” Cheryl Strayed

    Many people don’t understand that their will doesn’t control who inherits all of their assets when they pass away. Some of a person’s assets pass by beneficiary designation. That’s accomplished by completing a form with the company that holds the asset and naming who will inherit the asset, upon your death. It could be a bank account, financial institution or insurance company. A trust on the other hand only controls assets placed into the trust and your estate planning could be thwarted by beneficiary designations.

    Kiplinger’s recent article, “Beneficiary Designations: 5 Critical Mistakes to Avoid,” explains that assets including life insurance, annuities and retirement accounts (think 401(k)s, IRAs, 403bs and similar accounts) all pass by beneficiary designation. Many financial companies also let you name beneficiaries on non-retirement accounts, known as TOD (transfer on death) or POD (pay on death) accounts.

    Naming a beneficiary can be a good way to make certain your family will get assets directly. However, these beneficiary designations can also cause a host of problems. Make sure that your beneficiary designations are properly completed and given to the financial company, because mistakes can be costly. The article looks at five critical mistakes to avoid when dealing with your beneficiary designations:

    Failing to name a beneficiary. Many people never name a beneficiary for retirement accounts or life insurance. If you don’t name a beneficiary for life insurance or retirement accounts, the financial company has it owns rules about where the assets will go after you die. For life insurance, the proceeds will usually be paid to your estate. For retirement benefits, if you’re married, your spouse will most likely get the assets. If you’re single, the retirement account will likely be paid to your estate, which has negative tax ramifications. When an estate is the beneficiary of a retirement account, the assets must be paid out of the retirement account within five years of death. This means an acceleration of the deferred income tax—which must be paid earlier, than would have otherwise been necessary.

    Failing to consider special circumstances. Not every person should receive an asset directly. These are people like minors, those with specials needs, or people who can’t manage assets or who have creditor issues. Minor children aren’t legally competent, so they can’t claim the assets. A court-appointed conservator or guardian will claim and manage the money, until the minor turns 18. Those with special needs who get assets directly, will lose government benefits because once they receive the inheritance directly, they’ll own too many assets to qualify. People with financial issues or creditor problems can lose the asset through mismanagement or debts. Ask your attorney about creating a trust to be named as the beneficiary.

    Designating the wrong beneficiary. Sometimes a person will complete beneficiary designation forms incorrectly. For example, there can be multiple people in a family with similar names, and the beneficiary designation form may not be specific. People also change their names in marriage or divorce. Assets owners can also assume a person’s legal name that can later be incorrect. These mistakes can result in delays in payouts, and in a worst-case scenario of two people with similar names, can mean litigation.

    Failing to update your beneficiaries. Since there are life changes, make sure your beneficiary designations are updated on a regular basis.

    Failing to review beneficiary designations with your attorney. Beneficiary designations are part of your overall financial and estate plan. Speak with your estate planning attorney to determine the best approach for your specific situation.

    Beneficiary designations are designed to make certain that you have the final say over who will get your assets when you die. Take the time to carefully and correctly choose your beneficiaries and periodically review those choices and make the necessary updates to stay in control of your money.

    Related Articles:

    Using Trusts to Maintain Control of Inheritances