Thursday, July 29, 2010

Why Plan? There are no estate taxes this year?

Hope you are having a great week. My husband and I had a wonderful time at the lake last week with our dear friends. It was hot but very relaxing. Before we start planning for and shopping for the school year, I thought we could dedicate this week to updating those items that you have put off this summer.

Some of you may think, what is the big deal, there are no estate taxes this year! But wait next year the tax rate is set to rise to 55%. Read the article below about the owner of the Yankees who recently died. But hopefully, no one is planning on dying this year.

Just because you don’t have estate tax doesn’t mean you avoid probate and probate costs money. You don’t want to give away money do you? What about your minors?

Do you have Minors named as beneficiaries for any of your accounts? If so that is the quickest way to end up in Probate. In California, the court must supervise the distribution of money left to kids under 18! Then it is a slow and potentially costly process, usually approximately 16-18 months. Not to mention the costs being approximately 5% of you entire estate. Oooh and one more thing it’s a public process so all those creditors and predators out there will know when you child turns 18 and bingo he or she will have X number of dollars given to them outright!

So you have the next 30 days to change those beneficiaries before all the craziness starts in September. Of course if you need assistance and guidance schedule your Free Family Wealth Planning session in the month of August and I will have a special gift for you!

Forbes recently estimated the Yankees owner’s net worth at $1.1 billion, largely from the YES network

The New York Yankees, which he acquired in 1973 for $10 million, are now worth $1.6 billion but are 95% leveraged due to debt from the new Yankee Stadium, according to Forbes.

Because Steinbrenner died in a year when there is no federal estate tax, he potentially saved his heirs a 55% estate tax on his assets — or a tax bill of about $600 million. The 55% tax takes effect on January 1, 2011. If Steinbrenner had died in 2009 when the estate tax rate was 45%, his estate tax bill might have been nearer $500 million. Because the wealthy often do elaborate planning, putting assets into trusts taxed separately from the estate or into foundations that are tax-exempt, it is unclear how large his estate will be. Estate taxes may also be postponed on assets left to a spouse in years when there is an estate tax.

Steinbrenner is survived by his wife, Joan, two sons, and two daughters, plus two sisters and several grandchildren.

There is no estate tax this year due to changes made by Congress in 2001. Those changes eased the estate tax over several years and culminated with its repeal this year, followed by a return to high tax levels in 2011. Experts say few ever expected the tax’s repeal, and its 2011 reinstatement, would actually take effect. Instead they believed lawmakers would smooth out the tax rates at some point between 2002 and the end of 2009.

Congress never got around to it, and the tax lapsed this year. Many still hope lawmakers will fix this year’s law, which actually raises taxes on heirs of the merely affluent (with assets between $1.3 and $4 million). But they still haven’t acted and have little time to do so.

Because of the huge chasm separating 2010’s zero tax rate from 2011’s 55% rate, some fear that Congress has provided the wealthy with an incentive for dying–or their relatives with an incentive for making sure they die–before the clock strikes midnight on Dec. 31).

This year’s lapse potentially provides huge windfalls for the very wealthy, like Steinbrenner. Other billionaires who have died this year include Houston energy magnate Dan Daniels and real estate developer Walter Shorenstein.

So you have the next 30 days to call and get your financial and legal life in order.

Thursday, July 22, 2010

When It Comes To A Supplemental Needs Trust, Out of Sight Should Never Be Out of Mind

know everyone is busy doing something this summer! My husband and I are going to Lake Mead with a group of long time friends (college sorority sisters and their families). While we are not the “river rats” we are looking forward to spending time with some special friends and enjoying the water activities.
But before taking off, I want to make sure you are not neglecting your family members that may need some special attention. Even if you think you don’t need any assistance now, people can become disable for a variety of reasons.

If you have already done some planning and have been a responsible planner for your family’s future, especially your child with special needs you still need to read the article below. And of course if you have no special needs, you STILL need to do your own planning.

Be sure to check out my blog where you can provide comments on any of the articles I've published thus far.

You’ve met with an attorney, set up a Supplemental or Special Needs Trust and you can breathe a sigh of relief

You’ve met with an attorney, set up a Supplemental or Special Needs Trust and you can breathe a sigh of relief. Your work is done, right?

Wrong.

Funding and forgetting about a Trust can be as detrimental as not forming one at all. And having one that isn’t properly written can render it completely useless.

Supplemental Needs Trusts (sometimes called Special Needs Trusts) allow people with mental or physical disabilities, or even people with chronic or acquired illnesses, to have unlimited assets held in Trust for their benefit. If you have a child, grandchild, or even a spouse with a disability, a Supplemental Needs Trust can ensure that they have the funds they need to maintain their lifestyle after you’re gone.

And if your Supplemental Needs Trust is drafted properly those assets don’t count as financial resources in determining your loved one’s eligibility for government benefits. The Trust provides for supplemental care over and above what government programs provide.

Even if your family has significant resources to care for a disabled family member, you should ensure that your Supplemental Needs Trust is written to specifically address the needs of that family member and their future lifestyle. Monies can be placed in the Trust and used for their benefit without being counted as a source of income. This allows the family member to qualify for benefits and programs they might not otherwise qualify for. Why sacrifice services (and the funds needed to pay for those services) if you don’t have to?

If you have a family member with a disability that could require significant care as they age, a Supplemental Needs Trust can give you peace of mind in knowing that they will have the resources they need when you are no longer there to provide them. But a word of caution – these are complex documents and require very specific language in order to be effective. Your Trust must address the following:

1. The Specific Intent of the Trust
You cannot assume that because a document is called a Supplemental Needs Trust that it addresses what you intended to address. The Trust must specifically state that it is intended to provide “supplemental and extra” care over and above what government programs provide. It must state that it is NOT intended to be a basic support Trust and the funds cannot be used for basic support

2. Repayment Obligations
If the Trust is funded by parents, other third party sources or a personal injury Settlement, it will not be required to pay back Medicaid for expenses covered by the program. But if the Trust is funded by assets belonging to the disabled individual (such as earnings from a job, savings, certain Social Security back payments, personal injury recoveries not ordered into the Trust by the Court), the Trust may have to repay Medicaid for expenditures.
A properly drafted Trust must address paybacks to Medicaid or other governmental sources (both state and federal). Federal law requires that repayment language be included even if repayment is not required.
Make sure you discuss repayment obligations and proper funding with your attorney.

3. Changes to the Early Termination Provision Payback Requirements
Some Supplemental Needs Trusts contain language that allows termination of the Trust prior to the death of the beneficiary if, for example, there are no longer enough funds in the Trust to justify its continued administration or the beneficiary is no longer disabled. Effective October 1, 2010, there are significant changes in the Social Security Operations Manual System that will affect Trusts established on or after January 1, 2000. These changes could seriously impact the repayment provisions in your Supplemental Needs Trust if it contains early termination provisions.

Do you know how your Supplemental Needs Trust treats these issues? If improperly written or not modified to address changes in the Social Security Operations Manual or changes to other requirements in benefit programs, a Supplemental Needs Trust can very easily be raided by governmental benefit sources. It could even be declared invalid if not properly written. Not ensuring that your Trust documents properly address any applicable changes can lead to a loss of benefits, loss of savings or other legal and financial hardships that can easily be avoided.

If you have a family member that you wish to benefit with a Supplemental Needs Trust or you would like an expert opinion on the proper language in your Trust documents, call us to schedule your Family Wealth Planning Session today. We can identify what needs to be done to ensure that you have the appropriate language in your Trust documents and you are in compliance with the proper regulations to protect your loved one. Our Family Wealth Planning Session is normally $750, but this month if you call and mention this article you can have a complete planning session with me at no charge. Call today and mention this article.

Thursday, July 15, 2010

It’s summer time!

We celebrated my husband’s birthday yesterday at the beach! Finally some warm weather. Hope you are keeping busy this summer. Now is the time to get to our beautiful beaches.

But you need to get your legal life in order. Did you know that 69% of families have not named guardians or have named them incorrectly for their minor children? Do you want a Probate Judge to decide who would raise your children should something happen to you!

This week’s featured article is about grandchildren! So all you young parents out there if you have taken steps to protect your children you should pass this along to your Parents, so they can protect their grandchildren. I know this is tough conversation to have! I can assist you with this conversation.

Schedule your appointment with me and I will also meet with your parents and have that sticky conversation with them. So if you have already done your planning, I will extend this offer to your parents. Get them in for their free Family Wealth Planning Session and protect the grandchildren.

What You Don’t Know About The Generation Skipping Tax Could Cost Your Grandchildren Their Inheritance

Virtually everyone knows about the estate tax (unless they’ve been living under a rock for the last ten or twelve years). But if you’re planning to leave property directly to your grandchildren or even great grandchildren, there’s another tax you need to plan for now.

A tax that can be just as costly as the estate tax…

The Generation Skipping Transfer Tax.

The Generation Skipping Transfer Tax (GST) is a tax on property passed directly from a grandparent to a grandchild or great grandchild by way of a will or a trust. The GST even applies to property passed on to individuals not related to you if they are more than 37.5 years younger. While currently repealed, like the estate tax, the GST will be resurrected in 2011.

Congress designed the GST to close a loophole in the estate tax. Parents were leaving their estates to their children and the children paid estate tax on the inheritance. Then, those children would subsequently pass their estates on to the grandchildren, incurring estate taxes a second time. Eventually someone figured out that by leaving the estates to the grandchildren directly, they could avoid paying one set of estate taxes. Congress passed the GST to tax transfers to related individuals more than one generation away and to unrelated individuals more than 37.5 years younger to eliminate the ability to skip paying taxes on the inheritance of one generation.

How much will the GST cost your heirs? The GST has basically mirrored the estate tax. In 2009, the estate tax rate was 45% and the estate value exempt from the tax was $3.5 million. The GST and the estate tax expired in 2010 but will reappear in 2011, unless Congress takes action to extend the expiration. If they don’t act, the GST tax exemption amount in 2011 will be $1 million and the tax rate will be 55%. Both are significant changes and could cost your heirs a substantial portion of their inheritance.

If you don’t have an estate plan or the estate plan you have was prepared based on the old exemptions and tax rates, now is the time to plan for major changes in 2011. Call us to schedule your Family Wealth Planning Session today so we can identify what needs to be done to protect more of your assets for your children and grandchildren. Our Family Wealth Planning Session is normally $750, but if you mention this article I will waive the price for both you and your parents. Call today and mention this article.

Thursday, July 8, 2010

Welcome Back from the Long Weekend

The featured article is about Medicaid planning. I know most of you are way too young, but you have parents and grandparents that probably need to do some planning or at the very least have their plan updated and reviewed!

I am sure everyone has heard a family member say “I hope I never end up in a nursing home?”

How many times have you said it yourself?

The loss of personal freedom as well as the potentially devastating financial cost can be a scary proposition. Depending on where you live and the level of care you need, nursing homes can cost between $35,000 and $150,000 per year.

Long-term nursing care can be devastating to a family’s financial life for generations.

Pro-active planning, in advance if possible, can help protect what you’ve worked so hard for so you can leave it all to your family instead.

And little bit of planning now can definitely save money and heart ache later on. Here are just a few of the items we will review in our session together.

Get Your Financial House in Order and Keep it that Way!

• Ensure Your Kids (& Spouse) Are Prepared for Life Without You!
• Discover How To Legally Avoid ALL Estate Taxes & Keep Your Family
out of Court!
• Learn the Secret to Protecting Your Kid's Inheritance From Lawsuits and
Divorce!
• Discover How to Leave Your Loved Ones a Gift Far Greater Than All the
Money in the World!

And remember… The Planning Session is absolutely FREE and there is NO OBLIGATION and NO PRESSURE

Looking forward to serving you soon.

Thursday, July 1, 2010

Summertime and the Living is Easy – If You’ve Taken the Right Steps to Protect Your Family

ummertime in the U.S.A. Happy 4th of JULY to all Hope you have a safe and fun 4th. But before you hit the road, please read and make sure your family is protected.

Kids live for it…

Parents spend much of the year trying to plan for it…

It’s the perfect time of year to get out of our comfort zone and break free from the safe routine of daily life. Yet along with pushing those boundaries and living the adventure comes the increased possibility of accident or injury - those unexpected events we spend the least amount of time planning for and years recovering from when they happen.

While we can’t control everything, there are steps we can take as families to handle whatever comes our way and minimize the damage as much as possible.

First, if your children are traveling without you, make sure that at least one of the adults chaperoning them has an advanced medical directive in their possession that gives them permission to make life saving medical decisions for your child, if you’re not there. When the worst happens, every second counts and having this documentation at the ready can literally make the difference between life and death.

Second, make sure that along with passports, identification and contact information, each person in your family has documentation listing all shot records, allergies, any medications they take and any other important medical history that could make a difference in how a medical emergency is handled. This goes for adults AND children. Adults on vacation are not exempt from injury any more than children.

Third, each adult in the family needs a Durable Power of Attorney for legal and financial issues and an Advanced Health Care Directive for health care issues. Each adult should also carry the name and address of the attorney who prepared both of these documents in their wallet. Make sure your attorney retains a copy of these documents in your file and they can be retrieved quickly in the event of an emergency.

If you’re thinking this sounds like overkill, just imagine what would happen if you were on vacation, hundreds if not thousands of miles away from home, and you were involved in a serious car accident. Who would take over making decisions for you? Paying bills that need to be paid, keeping your family finances in order? It happens all the time. This one document can make the difference between going back home to a normal life or returning to a financial disaster that could take years to fix.

No one likes to think of the worst when planning their summer vacation but it’s amazing how much peace of mind taking these three little steps will buy you. Make them as much a part of your summer plans as airline tickets and hotel reservations and you can leave home with little more to worry about than getting to the airport on time.

Drafting a Durable Power of Attorney and Advance Health Care Directive should be taken care of as part of your comprehensive estate plan and, of course, I recommend you work with a lawyer to take care that. While you’re at it, make sure you have a Will, Trust (if you own any assets that would go through probate) and a Kids Protection Plan prepared as well. If you have already had these documents prepared, fantastic – this would be a great time of year to make sure they are all up to date.

If you haven’t had these important documents prepared for your family (or you have and they’re out of date), call us to schedule your Family Wealth Planning Session today so we can identify what would happen for your family if anything were to happen to you.


Have fun hope to see you soon. OOhh and short article about keep food safe. My mom and husband had an incident at a couple of different fast foods or BBQ’s we are not too sure. But just in case we have read up on how to keep food safe. Especially with all the cook outs going on.

Summer Food Safety – Watch Out!

Keep your children away from grills or outdoor cooking fires at all times. Barbecue tools should be off limits, too. Summer wouldn't be complete without picnics and barbecues. But be careful: Federal government studies show that cases of food-borne illness rise in summer for two reasons. First, bacteria grow faster in the warm summer months, especially when humidity is high. Second, more people are cooking and eating outdoors where refrigerators and sinks aren't available.

Most adults have healthy immune systems that protect them from getting sick from contaminated food. Young children are more vulnerable to food-borne bacteria, because of their immature immune systems.

There are some simple steps to keep your food safe in summer. The most important safety measure is washing your hands with hot, soapy water before handling food and after using the bathroom, changing diapers, or handling pets. If you're eating away from home, use disposable wipes or antibacterial gels and dry your hands with paper towels.

Gadget Guide
“Instant read” thermometers are designed to be inserted in fast-cooking foods such as hamburgers to test for doneness. These are not the same as meat and poultry thermometers that stay in the food throughout the cooking process.
Prevent Cross-Contamination
Cross-contamination during preparation, grilling, and serving food is another prime cause of food-borne illness.

When you pack your cooler, wrap raw meats or poultry securely so the juices won't come in contact with other foods. Wash plates, utensils, and cutting boards that held raw meat or fish before using them again.

Don't Undercook
Foods should be heated long enough and at a high enough temperature to kill harmful bacteria. Meat and poultry cooked on a grill often brown fast on the outside but may be undercooked inside. Check them with a thermometer.

Cook meat and poultry completely at the picnic site. Partial cooking of foods ahead of time allows bacteria to survive and multiply to the point that subsequent cooking can't destroy them.

Here are the U.S. Department of Agriculture's (USDA) recommended temperatures for some meats, expressed in degrees Fahrenheit:

Cook hamburger and other ground meats to an internal temperature of 160°F and ground poultry to 165°F. You cannot determine if the meat is safe simply by the color.
Cook steaks and roasts that have been tenderized, boned, rolled, etc., to 160°F for well-done. Whole steaks and roasts may be cooked to 145°F for medium rare.
Whole poultry should be cooked to 180°F. Breast meat should be cooked to 170°F.

Safety Savvy
For additional food safety information, call the toll-free USDA Meat and Poultry Hotline at 800-535-4555. It is staffed by home economists, registered dietitians, and food technologists weekdays year round from 10 A.M. to 4 P.M. Eastern time. An extensive selection of food safety recordings can be heard 24 hours a day using a touch-tone phone. Or visit the Web site www.USDA.gov for more information.
Refrigerate Promptly
Luncheon meats, cooked meats, chicken, fish, potato or pasta salads, and other perishables should be kept in an insulated cooler with several inches of ice or ice packs. Replenish the ice when it starts to melt. Don't put food out until your family is ready to eat it.

Try to pack beverages in one cooler and perishable foods in another cooler, because the beverage cooler probably will be opened frequently. If possible, keep the cooler on the seat of the car instead of in the hot trunk, and put it in the shade when you unpack the car.

Handling Leftovers
Stow leftovers back in the cooler as soon as you finish eating. Food left out of refrigeration for more than two hours may not be safe to eat. At 90°F or above, food left out over one hour can spoil. If in doubt, throw it out!