Estate Planning 101: What You Need to Know

Have you done any estate planning? If you have a will, kudos to you! You’re ahead of so many people and celebrities who die without a will, creating unnecessary expenses and stress and risking family fights over assets large and small. However, a recent article from Kiplinger, “The Basics of Estate Planning,” reminds us of the importance of regularly updating estate planning documents and beneficiary designations.

Failing to do so could put heirs in a financial and legal tangle after you die or create unexpected tax consequences. You might also leave your assets to a wrongful heir, and your family might be unable to do anything about it.

What makes up the foundation of an estate plan?

The will directs your wishes to distribute assets to heirs upon your death. It’s not as straightforward as expected, so talk with an estate planning attorney to create a valid will. For instance, you don’t want to include anything you don’t want the public to know, like account numbers or passwords. The will becomes a public document when it is submitted to probate court.

A living trust, sometimes called a revocable trust, is used to own assets in a more private manner. You can put cash, securities and other assets into a trust, and the trustee, who you name to manage the trust, will be in charge of distributing assets after you die.

A living will, sometimes called an advance healthcare directive, outlines your wishes for care if you become incapacitated or for end-of-life care. This includes medical decisions like keeping you alive via artificial means, from respirators to feeding tubes. Letting your family know your wishes will spare them a lifetime of guessing what you want.

Powers of Attorney for finances and healthcare (also known as a healthcare proxy) names others to act on your behalf to manage financial and healthcare matters. Without these documents, your family may have to go to court to manage your bills and be part of your healthcare decisions.

Today’s estate plan also includes digital assets. You can designate a person as your Digital POA so they can access digital assets like emails, websites and social media accounts. They’ll need to be someone you trust and who can navigate the digital world.

All these documents need to be reviewed regularly to ensure that they align with your wishes and are current concerning any changes in the law. Most estate planning attorneys will advise you to update your documents whenever there is a big change in your life like birth, death, divorce, or a move to a new state. They should also be reviewed every three to five years as laws change.

Assets also pass through beneficiary designations. These are commonly retirement accounts and insurance policies, which ask you to name a person to receive the assets upon your death. These assets don’t go through probate. People often forget to update these documents, and old friends and ex-spouses find themselves with a surprise windfall.

It’s essential to update estate planning documents and beneficiary designations on the death of a spouse. This is not likely the first thing on your mind when grieving the loss of a loved one, but it is necessary.

The rules for inherited IRAs have changed. Therefore, your heirs need to be prepared for the impact, especially if your estate includes a large IRA. As a result of the SECURE Act of 2019, adult children or non-spouse heirs of a traditional IRA must empty the IRA within ten years of the original owner’s death. During the ten years, heirs must take annual withdrawals and pay taxes on those withdrawals as income. The alternative is to take the entire IRA at once and pay taxes on the whole account. This rule doesn’t apply to surviving spouses, who have more options.

Think of your estate plan as a gift to loved ones after you’ve passed. Without one, they may need to go to court, wait months or years to receive their inheritance or devote endless hours working on gaining control and distributing assets. Talk with an experienced estate planning attorney to protect your family and legacy.

Reference: Kiplinger (Oct. 1, 2024) “The Basics of Estate Planning”

Relocating in Retirement? What You Need to Know before You Go

Moving in retirement is a big deal. Whether moving to be closer to family or trying to cut your living costs, moving in your sixties or seventies should only happen after much consideration and careful planning. A recent article, “Moving in Retirement? 5 Things to Ponder Before You Pack” from Nerd Wallet, explains the details.

Lower property taxes or income taxes are an attraction for many. However, look at all the costs to get a total picture, including the cost of living, estate taxes and housing costs, which have rocketed in many Sunshine states. You may find the difference is not as much as you thought. Suppose you’re selling a business before you leave. In that case, your current state may be more interested in recouping taxes than you think, so speak with an estate planning attorney to make the sale as tax efficient as possible.

One unexpected opportunity from moving outside of a Medicare Advantage’s service area is the chance to change your Medicare coverage. Relocating provides an acceptable reason to change a Medicare Advantage plan or sign up for original Medicare. It is also a time when you can sign up for Medigap coverage. You can normally only sign up for Medigap during open enrollment, a six-month period after you turn 65, and when you have Medicare Part B. This coverage is difficult to buy later in life if you have health issues.

Don’t forget to notify your insurance companies and Social Security if you move.

Could you rent first? If you’re moving to a place where you’ve summered for twenty years, renting for the first year is best. The winters may not be as bucolic as the summer. If you have to sell a house quickly after a short period, it could be a costly mistake. You’ll also own capital gains taxes on any profit made on a home sale if you move after living in a new location for less than two years.

What level of healthcare services do you need now or might need in the future? Healthcare becomes more critical as we age, especially if we are living with a chronic condition. If services are not the same quality or are a day’s drive away, your move could lead to bad health outcomes and added stress.

Estate law is state-specific. If so, your estate planning documents—last will and testament, power of attorney, health care power of attorney, living will, trusts and other documents—may not be considered valid by the courts in your new state. Consult with an estate planning attorney about what needs to be changed to be sure that your estate plan will give you the same results in your intended new state.

Will you enjoy your daily life in your new location? Retirees active in social activities, from sports to community theater to volunteer work, report enjoying their retirement. Will you be living with people who share your interests and values? Will you feel comfortable if your political views differ from those around you?

One last point: transportation doesn’t usually feel like an issue until it is. If your children live on the West Coast and you’re considering moving to a small New England town, will the added cost make frequent visits prohibitive? If your retirement agenda includes a lot of international travel, you may want to consider how living far from an airport will impact your travel plans.

Reference: Nerd Wallet (Aug. 5, 2024) “Moving in Retirement? 5 Things to Ponder Before You Pack”

Seniors Cannot Be Careful Enough About Internet Scammers

The biggest threat to retirement accounts today isn’t a market downturn. It’s thieves who have become highly sophisticated in technology and human nature.

A recent article from The New York Times, “How One Man Lost $740,000 to Scammers Targeting This Retirement Savings,” tells how a 76-year-old retired attorney was duped into thinking he was helping an active government investigation when he was actually being scammed out of almost all of his retirement savings accounts. This man was one of many who were drawn into complex plots so intricate they could be used for crime novels.

Scammers are especially adept at using human vulnerabilities against their victims. Romance scams are more common. However, so are impersonators who purport to be law enforcement officials or technical support team members. They use basic psychological tactics to get victims to act, isolate them from friends or family who might be suspicious and present an opportunity to do good for others by helping in the so-called “investigation” or preying on our basic desire to connect and be liked by others.

In 2023, cybercrime theft was more than $12.5 billion, an increase of 22% from 2022 and more than three times the levels in 2019. These are just the crimes known to the FBI—countless others go unreported.

Seniors over 60 are targeted because they are seen as having savings worth pursuing. In 2023, seniors lost more than $3.4 billion to cybercrime.

For the retired attorney, it started when he had trouble logging into a 401(k) account. When he got in a few days later, the screen changed abruptly, and he was instructed to call the fraud department. There was a phone number on the screen. He was connected with his first scammer. Lesson one: If you’re having trouble logging into an account, close the window and find a phone number in a paper document or statement.

The man said he was a fraud investigator, and his money was vulnerable. The scammer built credibility by knowing the victim’s name and where all of his accounts were. This scammer connected him to another man, who claimed to be from the bank. A third man alleged to be from the IRS was on the phone. He provided his badge number to establish further credibility. They told their victim he had an opportunity to be part of their investigation. He was told not to disclose the investigation to anyone, including his three adult children.

A lengthy series of machinations began, with the victim giving the so-called investigators access to his accounts and transferring assets as the thieves kept up friendly banter about how the investigation was going. They told him one of their targets had been caught by Interpol and another was being tracked in Singapore.

The thieves guided him through many transactions, including moving money from an IRA to another bank because the bank had declined to release a large amount of funds, being wary of fraud. The thieves responded by saying the advisor was on their watch list, making their victim suspect the one person who was trying to look out for him.

The man only learned he was a scam victim when a real detective found his name and address on a paper receipt for gold in a car. He was one of at least seven people pulled into a scheme based in India. Making matters worse, his withdrawals created a tax bill: $285,000 in federal and state income taxes, which he cannot pay.

Awareness and a healthy skepticism should be part of every senior’s survival skill set. If someone promises involvement in a scheme or requests money, contact a trusted adult child, your estate planning attorney, or even the local police department to be sure you are not being scammed.

Reference: The New York Times (July 29, 2024) “How One Man Lost $740,000 to Scammers Targeting This Retirement Savings”

Money Tips for Taxes at Different Stages of Retirement

There are different stages of retirement, just as there are different stages of any portion of life. Each stage has its own challenges and needs, nearly all of which can be addressed by planning in advance. A recent Forbes article, “Tax-Saving Strategies For Three Stages Of Retirement,” describes the different stages and their requirements.

Pre-retirement is age 50-64. This is when you’re entering your final years of work and getting financial retirement and estate plans in order. The most critical tasks:

Make the most of retirement plan opportunities, including maxing out contributions to any employer-sponsored plans, especially those with matching features.

After age 50, wage earners qualify for catch-up contributions to IRAs and 401(k) plans. In 2024, a 50-year-old can contribute an additional $7,5000 to a 401(k) and $1,000 more to an IRA.

This is the time to review your Social Security benefits. While you can take benefits any time after age 62, by waiting until your Full Retirement Age (FRA) or later, your monthly benefit will grow. This is a personal decision, as some people need to take Social Security earlier, while others can draw income from retirement accounts until they reach age 70.

Active retirement is considered ages 65-74. The focus here is wrapping up your working life and ensuring that you have enough money to support your lifestyle. The factors to focus on:

Required Minimum Distributions (RMDs) are the least amount of money you can take from your retirement accounts. The SECURE Act 2.0 extended the time you have to leave money in these accounts. However, you’ll need to take your RMDs strategically so you don’t get pushed into a higher tax bracket.

After age 70 ½, you can make Qualified Charitable Distributions (QCDs) directly from your IRA to any qualified charitable organization. You may donate as much as $100,000 per year if it is a direct donation from the IRA to the organization. For people who will make donations with or without tax benefits, this allows you to make your donations, reduce taxable income and leave a legacy while still living.

Late retirement is anything after age 74, where you may want to focus your attention on passing wealth to heirs. You should have an estate plan in place by now. However, it probably needs to be reviewed. Have any of your beneficiaries passed away? Is the person you named as your executor still willing to perform the tasks? Review your estate plan with your estate planning attorney to ensure that it complies with your state’s laws and wishes.

If you’re concerned about estate taxes, this is the time to use the annual gift tax exclusion to transfer wealth to heirs with no tax liability. In 2024, you may gift $18,000 to as many people as you want as a single, while married couples may gift $36,000 to as many people as they wish.

Reference: Forbes (July 12, 2024) “Tax-Saving Strategies For Three Stages Of Retirement”

Senior Coastal Properties Facing Increased Flood Risks

Climate change is causing more frequent and severe weather events around the world, especially in coastal areas. Seniors who live near the sea need to be aware of these risks. As sea levels rise and hurricanes strengthen, protecting yourself and your property becomes even more important.

Martha Shaw’s Story with Coastal Flooding

Martha Shaw is an 84-year-old retiree who experienced the devastating effects of Hurricane Ian in 2022. Living in Fort Myers, Florida, Martha had been through hurricanes before. However, she had never experienced something like Ian. The storm surge pushed water nearly to the ceiling of her mobile home, making it uninhabitable. Despite having homeowners insurance, it did not cover flood damage. Ultimately, Martha no longer had a home and struggled to rebuild her life.

Why Are Seniors More at Risk from Flooding?

According to AARP, flooding poses a unique set of challenges for seniors. Limited mobility and health issues can make it difficult to evacuate quickly. Since many older adults live on fixed incomes, it can be difficult to recover financially. Many seniors also rely on regular medical care that flooding can disrupt.

What Are the Long-Term Impacts of Flooding on Coastal Seniors?

Long-term impacts of flooding on seniors include the loss of homes and personal belongings. However, it’s also a traumatic event with a deep emotional toll. Martha Shaw, for example, moved to a shelter where she had to be separated from her pet. Eventually, she relocated to a temporary rental far from her community. In many cases, the isolation and chaos can be just as overwhelming for seniors as the financial strain.

Are Flood Risks Increasing?

Climate change is increasing flood risks. Rising sea levels and stronger hurricanes mean more frequent and severe flooding. Many seniors choose to retire to coastal areas. However, these regions are particularly vulnerable. According to the National Oceanic and Atmospheric Administration (NOAA), high tide flooding has increased by three to nine times over the past 50 years.

How Can Seniors Protect Themselves?

Seniors living in coastal areas should take steps to protect themselves from flooding. This includes:

Reviewing Insurance Policies: Ensure that you have flood insurance. Standard homeowners insurance does not cover flood damage, which many seniors overlook.
Preparing for Emergencies: Prepare an evacuation plan and pack an emergency kit.
Home Modifications: Consider making your home more flood-resistant, such as elevating the structure.
Stay Informed: Keep updated with local weather forecasts and promptly heed evacuation warnings.

Why Is Estate Planning Important for Seniors?

Estate planning is crucial for seniors, especially those living in flood-prone areas. A solid estate plan can help ensure that your assets are protected and that your wishes are followed during a disaster. Knowing that your loved ones will be cared for can also provide peace of mind.

How Can You Get Started with Estate Planning?

If you or a loved one is living in a coastal area, it’s important to take action now. An estate planning attorney can help you create a comprehensive plan that includes:

Budgeting Your Assets: Work the cost of flood insurance into the assets funding your retirement.
Power of Attorney: Designate someone to make financial decisions if you cannot.
Advance Healthcare Directives: Outline your healthcare wishes in case you cannot decide for yourself.

Request a Consultation

Don’t wait until it’s too late. Protect yourself, your estate and your legacy with a solid estate plan. Get started by contacting us today to schedule a consultation. Together, we can ensure that you are prepared for whatever challenges climate change and flooding may bring.

Key Takeaways

Increased Risk Awareness: Understand how climate change and rising sea levels increase flood risks for seniors living in coastal areas.
Importance of Insurance: Ensure that comprehensive flood insurance as part of your homeowner’s coverage.
Emergency Preparedness: Have an evacuation plan and emergency kit to mitigate risks during natural disasters.
Home Modifications: Consider making your home more flood-resistant to minimize damage.

Reference: AARP (May 28, 2024) “Rising Seas Are Wiping Out Some Older Americans’ Futures”

Crafting Your Legacy: Exploring the Charitable Remainder Trust as a Stretch IRA Alternative

The Stretch IRA was once a popular estate planning tool. Not only could beneficiaries receive inherited IRA funds, but they’d also keep tax benefits. However, recent changes brought about by the SECURE Act have ended this strategy. As a result, those whose retirement plans included a Stretch IRA now need to find an alternative. If you were planning to use a Stretch IRA, Kiplinger makes the case that you should consider a Charitable Remainder Trust (CRT) instead.

What Happened to the Stretch IRA?

A Stretch IRA allowed non-spouse beneficiaries to withdraw slowly from inherited retirement accounts. This minimized taxes, maximized growth and provided long-term security. However, the SECURE Act now requires beneficiaries to empty inherited IRAs within ten years. This increases exposure to taxes and eliminates the Stretch IRA as a long-term option for asset growth and inherited income.

If this change impacts you, there are alternatives available. One of the best options may be the Charitable Remainder Trust, which offers a combination of tax benefits and long-term income.

How can a Charitable Remainder Trust Help?

A Charitable Remainder Trust (CRT) offers a new path to those who want to give long-term income to their beneficiaries. With a CRT, assets are transferred to the trust, providing beneficiaries with a steady income stream for a set period. Once this term ends or the beneficiary dies, any remaining assets are donated to the chosen charity. The benefits of a Charitable Remainder Trust include:

Reduced taxes: A CRT reduces the deceased’s taxable estate and provides tax deductions for the charitable gift.
Long-term income: Beneficiaries receive a steady payout. It lasts for a set number of years or their lifetime.
A philanthropic legacy: When your CRT is done supporting heirs, it will leave you with a final philanthropic legacy.

Are there Caveats to CRTs?

While CRTs provide an alternative to the Stretch IRA, they have limitations. Administration can be complex, and not all asset types are suitable for inclusion in a CRT. Beneficiaries might also receive less total income than other estate planning options. Before you open a CRT, you’ll need to consider whether it’s the right choice for your family.

Build an Estate Plan Tailored to Your Needs

All estate planning strategies have cases where they’re suitable and cases where they aren’t. Doing right by your family means understanding the options available, weighing them and choosing correctly. Estate planning is complex. However, that’s what we’re here for. Contact our estate planning team to determine if a Charitable Remainder Trust suits you. We’ll walk you through the pros and cons, provide alternatives and help you develop a customized estate plan.

Schedule a consultation today and take the first step toward a legacy that reflects your values and supports your loved ones.

Key Takeaways

The SECURE Act: With new limitations on the Stretch IRA, elderly Americans should consider alternatives.
Charitable Remainder Trusts: Secure tax benefits on long-term income to loved ones while benefiting charities.
Tax Advantages: CRTs allow donors to cut their taxable estate.

Reference: Kiplinger (April 2024) “Charitable Remainder Trust: The Stretch IRA Alternative | Kiplinger”

Spend Your Golden Years in a Coveted State: Estate Planning Retirement Strategies

Are you eyeing Florida’s sandy beaches, Colorado’s stunning landscapes, or Virginia’s historical charm for your golden years? According to WalletHub’s latest survey, “Best and Worst States to Retire (2024),” those states top the list of the best places to retire in 2024. However, before you pack your bags, let’s dive into how estate planning can help you afford and enjoy your retirement in one of those coveted states. This article discusses why estate planning is essential for your golden years and strategies that help secure your retirement.

Why are Elder Law and Estate Planning Strategies Important for Retirement?

Estate planning isn’t just for passing on your legacy. As Social Security uncertainty increases and pensions become more challenging to obtain, estate planning is paramount to support your retirement and beyond. Being proactive in addressing fixed income in retirement and planning for healthcare expenses will go a long way toward living comfortably in a top-rated state or where you choose to live.

What Elder Law and Estate Planning Strategies Do I Need for Retirement?

Financial planning is critical to retiring in a prime location. Affordability, quality of life and healthcare accessibility are pivotal factors. Luckily, states like Florida, Colorado and Virginia excel in these areas. Work with a knowledgeable estate planning attorney to explore strategies, including trusts and powers of attorney, to protect assets and preserve the wealth you’ll need for retirement. Strategically structuring your estate plan to optimize tax benefits and minimize tax liabilities will help stretch your hard-earned savings.

Advance care planning is another integral part of retirement planning. Experiencing cognitive decline or any incapacitating illness without legally documented medical wishes can be disastrous to your health and savings. Estate planning strategies empower you to designate healthcare proxies, outline medical directives and protect your best interests if unforeseen circumstances arise.

Access to quality healthcare remains a top concern for retirees. Estate planning allows you to safeguard your healthcare choices. Trusts and other legal instruments serve as proactive planning to name or appoint advocates for your medical care and agents to manage medical bills and other matters. These documents also help healthcare providers honor your wishes and help you avoid additional expenses.

Key Takeaways:

Strategize Tax Optimization: Preserve wealth with trusts and maximize retirement funds.
Prioritize Healthcare: Protect your medical choices as you age with advance directives.
Consult with an Attorney: Understand elder law and estate planning strategies with a knowledgeable attorney.

Conclusion

As you embark on this exciting chapter in life, remember that proactive estate planning is the foundation for a secure and fulfilling retirement. Whether you’re drawn to Florida’s tropical paradise, Colorado’s outdoor playground, or Virginia’s historical charm, investing in a comprehensive estate plan ensures that your retirement vision becomes a reality.

Reference: WalletHub (Jan 22, 2024) “Best and Worst States to Retire (2024)”

Can You Gift Money from a Retirement Account?

When preparing an estate plan, it’s easy to neglect charitable giving, especially if your main focus is to get the plan done most efficiently and move on to the next task on your list—like spring cleaning or gardening. However, a recent article from the Tri-Cities Area Journal of Business recommends a way to take care of charitable giving as part of your estate plan that won’t be overly burdensome: “Use retirement accounts to give to charity in your estate plan.”

An estate comprises different assets, which all have different characteristics. Some assets are distributed by a will, and others by the beneficiary designation on the account. Some are subject to income taxes for heirs, and others are not taxable. This info needs to be considered when preparing an estate plan.

If you choose to give pre-tax retirement accounts, those funds are typically subject to income tax when beneficiaries withdraw money from them. A pre-tax retirement account may be more expensive for heirs, especially if they are in a high-income tax bracket. The inheritance could also push them into a higher tax bracket.

Nonprofits are not subject to income tax and are grateful to receive pre-tax retirement assets.

Your estate plan consists of a last will and testament, powers of attorney and health care directives. Your estate includes different types of assets, and you’ll need to consider their value in light of their tax liabilities when creating an estate plan.

Beneficiary designations are usually used with life insurance policies and retirement accounts. They can be changed whenever you want, and you can name whoever you want to receive the accounts, except pensions governed by federal law. Those must go to your spouse and follow the rules of the pension custodian.

To understand this concept, let’s say a married couple has two children and a net worth of $one million, which includes a $500,000 house, $100,000 in the bank and $400,000 in their retirement accounts. If they want 10% of their estate to go to a charity and the rest to their children, they could do the following:

Write the amount or percent of the donation into their will and direct their executor to ensure funds are donated from their probate estate, or
They can use the beneficiary designation on their retirement account to give a certain percentage to their children and charity.

The charity will receive $100,000 from the pre-tax assets, thereby preserving more nontaxable assets for their children. As assets change over time, they may need to change the percentage of the assets given through the retirement accounts. Assuming high marginal tax rates, by giving from their retirement accounts, their heirs will net a higher amount than if other assets were used to make the gift to the charity.

If your estate plan hasn’t included charitable giving, and this is an important part of your legacy, consult with an estate planning attorney to learn how to structure your estate plan and beneficiary designations to work together to achieve your goals.

Reference: Tri-Cities Area Journal of Business (April 15, 2024) “Use retirement accounts to give to charity in your estate plan”

Baby Boomers are Retiring and the Need for Elder Law Attorneys Is Rising

Millions of baby boomers are reaching retirement, facing age-related challenges, and making waves in healthcare, housing and financial markets. Elder law is emerging as part of a holistic estate plan to address medical, financial and incapacity issues as we age.

Beyond their legacy, baby boomers and their caregivers are planning for Medicaid, incapacity medical and financial oversight, and legally documenting end-of-life decisions. Based on Yahoo Finance’s article, “Elder Law Is More Important Than Ever. Why? Baby Boomers,” this blog examines elder law, the increasing necessity for attorneys in this field and where it fits in estate planning.

What Is Elder Law?

Elder law revolves around respecting individuals’ wishes and preferences, while protecting them from financial risks and court intervention if incapacitated. Elder law is the legal means to protect aging individuals and preserve their autonomy.

Elder law is a comprehensive legal framework that spans a wide range of issues as we age, from health and long-term care planning to surrogate decision-making and estate administration. In this complex landscape, elder law attorneys play a pivotal role, offering invaluable counsel to protect their clients’ rights and well-being. This compassionate legal practice is dedicated to ensuring the financial, medical, and holistic well-being of older adults.

Why Elder Law Is Necessary in Today’s Estate Planning

The impact of the baby boomer generation on the United States is staggering. A Census Bureau article, “U.S. Older Population Grew From 2010 to 2020 at Fastest Rate Since 1880 to 1890,” revealed that in 2020, 16.8% percent or 55.8 million people were at least 65 years old. As this massive generation enters retirement, the country’s demographic landscape is undergoing a seismic shift, posing significant questions on how to protect an aging loved one’s independence, while ensuring their well-being. This is where the role of elder law in estate planning becomes crucial.

The complexities surrounding asset management, healthcare decisions and estate planning have escalated. Seniors now possess a substantial portion of the nation’s wealth, necessitating sophisticated strategies to preserve and distribute assets effectively. Advancements in medical care have also prolonged life expectancy, while introducing intricate legal considerations regarding autonomy and treatment preferences.

Strategies to Address Evolving Needs – Estate Planning Meets Elder Law

Trusts and estates play a pivotal role in asset management and succession planning. Trusts serve as tools for individuals to dictate the management and distribution of their assets during their lifetime and after death. An individual appoints a trustee to administer and distribute estate assets according to their wishes for peace of mind.

In tandem with trusts, wills are estate planning instruments delineating how assets are distributed among heirs upon one’s passing. Whether through probate proceedings or overseen by an executor, the orderly transfer of assets hinges upon the clarity and validity of the individual’s will. By proactively addressing these matters, individuals can mitigate potential disputes and ensure that their legacy is preserved according to their intentions.

Addressing Incapacity and Conservatorship

As individuals age, the prospect of incapacitation becomes a pertinent concern, necessitating preemptive measures. Through mechanisms like powers of attorney (POAs) or advance directives, individuals can designate a trusted person to manage their affairs in the event of physical or mental impairment. Medical and financial POAs empower individuals to safeguard their well-being and interests and maintain autonomy, even in challenging circumstances.

Elder Law and Estate Planning Key Takeaways:

What is Elder Law: Elder law encompasses a wide array of legal services tailored to the unique needs of older adults and individuals with special needs.
The Catalyst to Rising Elder Law Needs: Baby boomers’ retirement has fueled a surge in demand for elder law attorneys, underscoring the importance of specialized legal expertise in navigating complex issues.
Strategies For the Aging Population: Trusts, wills, POAs and advance directives are essential for elder law and estate planning.
Proactive Planning: A holistic estate plan addresses disability and conservatorship concerns of preserving autonomy and safeguarding one’s interests in later life.

Conclusion

As the demographic landscape continues to evolve, the role of elder law attorneys expands to protect and honor the rights and well-being of older adults. Individuals proactively address their unique needs by understanding the nuances of trusts, estates and related legal instruments and charting a course for a secure and dignified future.

If you’re seeking guidance on elder law matters, don’t hesitate to contact a qualified attorney to explore your options and safeguard your legacy.

References: Census Bureau (May 25, 2023) “U.S. Older Population Grew From 2010 to 2020 at Fastest Rate Since 1880 to 1890“ and Yahoo Finance (Sep 13, 2023) “Elder Law Is More Important Than Ever. Why? Baby Boomers”

What are the Important Steps in the Estate Planning Process?

Estate planning is about taking charge of your legacy and your life. Despite all good intentions, only one in three Americans has an estate plan, according to a recent article from Kiplinger, “10 Things You Should Know About Estate Planning.”

An estate plan does not prevent death or illness. However, it does protect the family from stress and grief. By creating an estate plan, you provide your loved ones with clarity about what you want to happen to your property upon your death.

Equally importantly, the estate plan explains your wishes if you have a serious medical condition and can’t make decisions or communicate yourself. A financial Power of attorney (POA) names someone to oversee your finances and do tasks like paying bills if you are alive but incapacitated. A healthcare POA names someone to make healthcare decisions on your behalf. A healthcare directive explains your wishes for medical treatment in different situations.

What happens if you don’t have an estate plan? Each state has its own laws for what to do when someone dies or if they become incapacitated. Having an estate plan means you are making those decisions yourself. The court may assign someone to make healthcare and/or financial decisions for you. However, they may not be the person you would have selected or make the decisions you would have chosen.

Beneficiary designations supersede your will. Any account with beneficiary designations will go to the person named on the document, regardless of what your will may say.

Trust funds provide control of assets during life and after death. A trust is a legal entity holding property for someone else’s benefit. The trust can be set up to control exactly how you want your money and property distributed after death.

When you die, the court reviews your will to ensure that it’s been properly prepared and gives your executor the power to perform their tasks. This is called probate and can take time. A good estate plan can take much or all your assets out of your probate estate, speeding up the process of distributing assets faster.

Estate planning includes tax planning. In 2024, the federal exemption is $13.61 million, but 17 states and the District of Columbia levy a state estate tax. Some states also have inheritance taxes. Your estate planning attorney will help you incorporate tax planning into your estate plan.

Don’t neglect your pets. You can express your wishes in an estate plan. However, a pet trust is better. It is enforceable and provides specific information about how you want the pet to be cared for and who you want to care for it.

Digital assets need to be addressed to protect assets and prevent theft. Create an inventory of your accounts, usernames, passwords and name a person who will be your digital executor.

Review your plan every three to five years with an experienced estate planning attorney.

Reference: Kiplinger (Feb. 1, 2024) “10 Things You Should Know About Estate Planning”

Estate Planning Blog Articles

Estate & Business Planning Law Firm Serving the Providence & Cranston, RI Areas

Martha Shaw’s Story with Coastal Flooding

Why Are Seniors More at Risk from Flooding?

What Are the Long-Term Impacts of Flooding on Coastal Seniors?

Are Flood Risks Increasing?

How Can Seniors Protect Themselves?

Why Is Estate Planning Important for Seniors?

How Can You Get Started with Estate Planning?

Request a Consultation

Key Takeaways

What Happened to the Stretch IRA?

How can a Charitable Remainder Trust Help?

Are there Caveats to CRTs?

Build an Estate Plan Tailored to Your Needs

Key Takeaways

Why are Elder Law and Estate Planning Strategies Important for Retirement?

What Elder Law and Estate Planning Strategies Do I Need for Retirement?

Key Takeaways:

Conclusion

What Is Elder Law?

Why Elder Law Is Necessary in Today’s Estate Planning

Strategies to Address Evolving Needs – Estate Planning Meets Elder Law

Addressing Incapacity and Conservatorship

Elder Law and Estate Planning Key Takeaways:

Conclusion

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