Estate Planning Blog Articles

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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”

What’s the Age Cut-Off for a Roth IRA?

Roth IRAs aren’t just for young people, as long as you meet the criteria regarding income, how much you may contribute and when you’re eligible for penalty-free withdrawals. A recent article, “Are You Too Old to Benefit From a Roth IRA?” from U.S. News & World Report, explains the benefits and requirements for older workers considering a Roth IRA.

Requirements for a Roth IRA

Once you meet the qualifications, you can add funds to a Roth IRA at any age. In 2024, the contribution limit Is $7,000 or $8,000 if you’re 50 or older. The account must be open for at least five years to take penalty-free withdrawals in retirement. If you take funds out early, you could face penalties, and contributions to a Roth IRA may only be made from earned income.

A single person may add funds to a Roth IRA if they earn up to $146,000. After that, the amount you may contribute is phased out until income reaches $161,000, after which you can’t add funds directly to the account. For married couples, the income threshold is less than $230,000.

Roth IRA Tax Benefits

Funds are taxed before they go into a Roth IRA account, giving the advantage of the account the tax-free distributions of contributions and earnings. In addition to the five-year rule, you’ll need to meet these eligibility requirements:

  • The original owner dies, and you inherit the Roth IRA.
  • The owner is at least 59 ½ years old.
  • The owner meets disability requirements.
  • The distribution is used for first-time homeowner expenses of up to $10,000.

Age Considerations

If you’re in your 70s and still working, there are some facts to consider before opening a Roth IRA. The tax-free growth of Roth IRAs works best as the holding period increases. The up-front tax costs may be very high if you’re in your highest income level and a higher tax bracket. This makes a Roth IRA more advantageous for younger contributors. However, if you work part-time, your lower taxable income might make the Roth IRA an excellent way to save.

Passing Funds to Heirs

With traditional IRAs or 401(k)s, Required Minimum Distributions start at a certain age, usually after celebrating your 73rd birthday. However, there are no RMDs for Roth IRAs, and the funds remaining in the account after you die could be passed on tax-free. Beneficiaries may inherit the Roth IRA while allowing it to grow tax-deferred for up to ten years, then take the money without paying taxes.

Opening a Roth IRA later in life should be coordinated with your overall retirement and estate plan to be sure it works in concert with your overall estate plan. When reviewing your estate plan, it’s something to discuss with your estate planning attorney.

Reference: U.S. News & World Report (Dec. 29, 2023) “Are You Too Old to Benefit From a Roth IRA?”

Navigating the Financial Journey to a 100-Year Life

In an era where living to 100 is becoming increasingly likely, financial planning for retirement takes on a new level of complexity. The Yahoo Finance article, “Retirement Planning: Here’s How Much You’ll Need To Save If You Live to 100”, offers a comprehensive look at this challenge, highlighting the need for a radical shift in our approach to life and financial planning.

Understanding the Longevity Revolution

The “longevity revolution” concept discussed by Laura L. Carstensen, director of the Center for Longevity, suggests a significant societal shift. This revolution impacts various aspects of life, including health care, personal finance and retirement planning. Adapting to this change requires a thorough understanding and strategic planning.

The 80% Rule of Thumb for Retirement Savings

A commonly accepted guideline is that retirees will need about 80% of their pre-retirement income to maintain their lifestyle. This translates to a significant sum for an average American wage earner, necessitating diligent saving and investment strategies.

Detailed Breakdown of Retirement Costs

Food Costs

Over a 35-year retirement period, food costs can accumulate significantly. Based on Bureau of Labor Statistics (BLS) data, these expenses can reach upwards of $167,895, which demands careful budgeting and planning.

Healthcare Costs

Healthcare is a major expense in retirement. With fluctuating Medicare premiums and additional out-of-pocket expenses, the estimated healthcare costs over 35 years can exceed $263,900. This figure underscores the importance of planning for higher healthcare costs in later life.

Housing Costs

Housing expenses vary greatly depending on whether one stays home or moves to an assisted living facility. While staying in a paid-off home can be more cost-effective, the potential need for long-term care can significantly increase these costs.

Incidental and Discretionary Spending

Retirement isn’t just about covering basic needs. It also includes transportation, entertainment and other lifestyle expenses. Over 35 years, these costs can amount to around $506,905, highlighting the need for a comprehensive budget that includes leisure and lifestyle expenses.

Total Retirement Cost Estimation

Adding up these expenses, the total cost of living 35 years in retirement is estimated to be around $1,756,370. This figure is a stark reminder of the financial demands of a long retirement period.

Income Sources in Retirement

Social Security benefits play a crucial role in retirement income. However, they must often be supplemented with personal savings and investments to cover the total estimated costs. Effective financial planning and investment strategies are crucial to bridge this gap.

Strategies for Effective Retirement Planning

Saving Strategies

Saving 15% of income and employing automated savings plans can bolster retirement funds. Starting early and being consistent is key to building a substantial nest egg.

Preparing for Near-Retirement

For those nearing retirement age with insufficient funds, exploring ways to boost income, pay off debts and cut costs is crucial. Every dollar saved or earned can make a significant difference.

Adjusting Lifestyle and Spending

Managing expenses and lifestyle to fit retirement income is vital. This may involve making tough choices about spending and lifestyle to ensure financial stability in the later years.

Conclusion

The prospect of a 100-year life brings the challenge of ensuring financial stability in retirement. Early and effective planning is essential, guided by a clear understanding of the costs involved and the income needed. As we navigate this new era of longevity, adapting our financial strategies will be vital to enjoying a comfortable and secure retirement.

References

For more detailed insights and data, refer to the original Yahoo Finance article: “Retirement Planning: Here’s How Much You’ll Need To Save If You Live to 100”.

When Should You Update Your Estate Plan?

We know we need to see our doctor for annual checkups and see the dentist every six months, not to mention getting a good night’s sleep, brushing and flossing our teeth. In the same way, your estate plan needs regular maintenance, according to an article from The Street, which asks, “When Is It Time to Update Your Estate Plan?”

Far too often, estate plans are created with the best intentions and then lie dormant, in many cases, for decades. Provisions no longer make sense, or people in key roles, like executors, either move away or die.

Failing to update an estate plan can lead to a beloved child being disinherited or an animal companion ending up in a shelter.

This is an easy problem to solve. However, it requires taking action. Scanning your estate plan once a year won’t take long. However, when certain events occur, it’s time to bring all your estate planning documents to an estate planning attorney’s office.

Here are a few trigger events when you may want to make changes:

Welcoming a new child into the family. Wills and trusts often contemplate future children. However, when the children arrive, you’ll need to update wills, trusts and beneficiary designations. Life insurance policies, investment accounts and retirement accounts allow you to name a beneficiary, and the proceeds from these accounts go directly to the beneficiaries, bypassing probate.

If no beneficiary is named or cannot be located, the asset usually goes back into the estate, meaning it goes through probate and there may be tax liabilities.

Charitable giving goals often change over time. An organization with great personal meaning in your twenties may be less important or may have closed. If you’ve become involved with a charitable mission and want to leave assets to the organization, you’ll want to create a charitable bequest in your will or trust. Those changes need to be reflected in your estate plan.

People’s ability to serve in fiduciary roles may have changed. If the people you assigned certain roles to—like trustees, executors, agents, or the guardian named for minor children—may no longer be suitable for the role. The person you selected to serve as a guardian for minor children may not be available or willing to manage adolescents. If your trustees are over 70, you may want to name an adult child to serve in this role.

Reviewing insurance policies needs to be done regularly. In some cases, the value of life insurance proceeds may be subject to estate tax. Proper planning should be able to avoid this by making certain the policy is not included in your taxable estate.

If you are considering taking out a new life insurance policy, revisit your existing plans with your estate planning attorney. It may make sense for you to create an insurance trust, which allows you to exempt certain assets from your taxable estate.

Are pets an important part of your life? If so, you may want to make plans for who should take care of your pet if you pass away. In many cases, a pet trust works to name a trustee to manage funds for the pet’s care and formally outlines how you want your pet to be cared for.

Reviewing your estate plan every three to five years with your estate planning attorney or whenever a significant life event occurs will ensure that your wishes are followed.

Reference: The Street (Oct. 30, 2023) “When Is It Time to Update Your Estate Plan?”

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