Does Your Better Half Know The Plan?

Estate planning isn’t exactly my idea of fun, but it’s absolutely necessary. Just like you’re planning for retirement, you need to plan for the inevitable.

If you have taken the vow of “until death do us part,” have you considered what will happen if you are no longer here? Does your spouse know and understand your estate plan? Will your spouse be able to manage what you leave behind?

Estate planning for married persons begins with thinking about the future security of your spouse in a world without you. In many ways, you likely assume that your spouse is prepared to take over. However, this is a potentially dangerous assumption and one that should not be taken for granted. In fact, many things can go awry, both practically and legally, unless you and your spouse have specifically talked them over.

If you are the one in charge of the finances and maybe also much of the planning, then there is a special responsibility and difficulty in making sure your spouse is on the same page. As noted in a recent DailyFinance article, ensure that your spouse has the keys to the process and knows whom to contact and how to get the gears turning.

The original article, titled “3 Important Estate Planning Questions,” offers three questions to push you in this direction:

  1. How well does my spouse know our financial adviser?
  2. Does my spouse know where all our accounts are located and how to access them?
  3. Are our wills and beneficiary designations up-to-date?

How else do you plan for your spouse if you make an early exit, let alone your own golden days of growing old together? That is a much bigger question and one best discussed with your spouse and competent estate planning counsel.

While the right plan will vary from couple to couple, the right plan must be known and understood so it can be successfully implemented.

Reference: DailyFinance (May 2, 2014) “3 Important Estate Planning Questions

Planning For Everything In Your Utah Estate – Plants Included!

“This plant will definitely outlive me,” said Ms. Scoratow, a landlady who is 63 years old and in good health. “After I pass, I don’t want her to go unloved.”

Your estate plan should include everything that is dear to you. Once you are gone you’ll want to make sure your wishes are carried out accordingly. A recent article in The Wall Street Journal illustrated one way of making sure everything is taken care of after you are gone. The article is titled “A Woman’s Will Provides Funds for Trusty Houseplant Upon Her Death.

The article chronicles the curious case of Ronna Scoratow, her will, and her trusty 42-year-old philodendron. Ms. Scoratow, having no children or horticulturally-minded next-of-kin, simply had no automatic option for the future care of her prized plant. Beside, this is not your average houseplant that is easy to move around.

Wanting to ensure that her plant would not be left to waste away should it outlive her, Ms. Scoratow provided a tidy sum of $5,000 to a trusted friend with the express purpose of caring for the plant. In this way Ms. Scoratow ensured the ongoing care for one of the things she cares about without unduly burdening others (including the friend that would otherwise have to move the ungainly plant).

Now, you likely would be forgiven for leaving the ficus out of the family inheritance, or coolly disinheriting the cactus, but that is not really the important part of this story. The essential takeaway is that we all have just as many little details in our lives for which we have specific plans after we are gone – from collections, to pets, to the homestead. The only way to ensure that our specific plans are carried out is to make proper estate plans including them.

Depending on your hopes and the items or persons planned for, there are many ways of ensuring for the best.

Reference: The Wall Street Journal (May 4, 2014) “A Woman’s Will Provides Funds for Trusty Houseplant Upon Her Death

The Federal Estate Tax Exclusion: Get The Facts

Retirement Across The Border

One of your first considerations should be where to keep your money. When you move abroad, you will most likely need to open a bank account in the new country in order to pay local bills.

An increasing number of people are retiring on foreign shores. If you’re thinking about retiring abroad, then there is much to dream about and also much to plan.

The romance of the move aside, retiring abroad has an appeal not limited to wanderlust. It can mean lower cost of living, healthcare costs, taxation benefits, and a whole new lifestyle. But since retiring abroad means planning to move internationally, planning your retirement and, yes, planning for your eventual estate, it’s no small step. You’ll very much need to look into your future home and the laws that exists there, and work with competent counsel to guide you back here in the States. To help you in thinking about the transition and the steps to take to make the dream a reality, there is a helpful recent exposition in ElderLawAnswers titled “Things to Consider Before Retiring Abroad.

Will you retain citizenship here? Is here home as well? Where are your bank accounts, retirement accounts, insurances and so forth? Who takes your taxes? Who will your heirs be and where? You may be a citizen of the world, but your assets, rights, and plans are bound up with the laws of your country of origin and future home country. Accordingly, switching between the two may not be so simple. The laws can define what you can accomplish, and it’s not worth allowing a bureaucrat to darken your dream. It is a big cliff to face, but not an insurmountable one.

Reference: ElderLawAnswers.com (May 22, 2014) “Things to Consider Before Retiring Abroad

Is Estate Planning in Utah Different For Women?

It’s not that there are different estate-planning tools for each sex. But women are likelier to live longer, they’re likelier to be custodial parents and, speaking generally, women often approach the topic differently than men.

Do you think estate planning for women is different than it is for men? Gender isn’t and shouldn’t be important when it comes to so much in life. However, it actually should be something you take into account when it comes to estate planning. Men and women are simply different and often have different legal folds to their life.

On that note, MarketWatch had a bit of advice for women worth sharing in a recent article titled “How women can make estate planning easier.” The challenges that end up arising for women can seem subtle or can be outright life-altering. Either way there are important aspects to account for whether planning as a married couple or as a single person.

First and foremost, women tend to live longer. Living longer means a longer retirement and more medical bills to cover, which can actually mean a retirement crisis when incomes are wrapped up with a partner or a partner’s social security benefits.

Statistically, women also have a tendency to have custody over or offer care to their children or their own elderly parents. When it’s all said and done, wives and husbands may even think differently about the future and the end-game, but the wife may eventually live out the plan.

There is no reason to resort to comparisons of Mars to Venus, but there are enough differences between men and women that we have to respect them and account for them in our planning.  There is also no one solution as married women will have different needs than single ones and past or future marriages can change it all over again. It is simply important for women to plan and plan well. Fortunately, there is much advice to be gleaned on the topic, and the assistance of experienced estate planning legal counsel is essential.

Reference: MarketWatch (May 8, 2014) “How women can make estate planning easier

End-Of-Life Decisions in Utah – What Would The Doc Do?

Dr. V.J. Periyakoil] and her colleagues wanted to learn more about the attitudes of young doctors towards advance directives. So the researchers asked what choices they would make for themselves if they were terminally ill.

How do people make their end-of-life decisions? Everyone varies medically, intellectually and culturally. In addition, there are some important religious questions that may come into play. In can be very helpful to learn from the practices of others, too.

A very important perspective to consider may well be doctors themselves. According to a recent post in the New Old Age Blog of The New York Times, there is a bit of a consensus among those who wear the white lab coats.

The original post is titled “Do Not Resuscitate: What Young Doctors Would Choose” and, indeed, a Stanford study found that 88.3% of young doctors are inclined to advanced medical directives and specifically to elect a do-not-resuscitate or “no code” status if they were in a terminally ill status.

There is a great deal of thought and doctorly experience that goes into these attitudes, as the post and underlying study go on to parse out. How about you? Do you agree? Do you specifically disagree?

That’s actually the point: when it comes to your directives, your vantage point is the one that must be expressed or else doctors will be forced to act in ways you might not have otherwise chosen. Plan for yourself and for your loved ones by putting these plans down and in writing. Advanced medical directives are just one element of the plan, but they are an important piece to build into your overall life plan.

Reference: The New York Times (May 20, 2014) “Do Not Resuscitate: What Young Doctors Would Choose

Prenup Vs. Domestic Asset Protection Trust in Utah

So how do DAPTs work in a marriage to protect assets? Do they need to be set up before the marriage? Can they be set up during the marriage?

Marriage might be that last step in bringing two people and two lives together. Nevertheless, that moment often causes one to pause, however idyllic a match may be. Cold feet are cold feet.

When it comes to bringing two financial lives together, there are some hard numbers to work through and some tough decisions to make before opening each other up to one another’s liabilities or the liability of divorce itself. You can use a prenuptial agreement – the so-called “prenup” of courthouses and tabloids alike. Alternatively, as pointed out in a recent Forbes article, titled “How To Protect Yourself In A Divorce Using A Domestic Asset Protection Trust,” you might have better luck with a Domestic Asset Protection Trust or DAPT. It’s a big topic.

The article builds the case that prenups and DAPTs are simply different tools to the same end, but a DAPT is a potentially more powerful tool. Prenuptial agreements work like a contract and spouses agree on the disposition or partitioning of assets well before that knot is tied. Consequently, there is that agreement to come back to when and if the knot is to be untied.

As business owners will tell you, however, even airtight contracts can be misunderstood, brought to court, and heavily litigated. Although you might win in the end, you certainly weren’t spared from the fight. A DAPT, as a trust, works to solve that by moving the assets in question out of reach so it’s not a question of how to untie those special assets from the knot at all.

That’s the basics of the idea, but there is much more to say, much more that can be done, and a few drawbacks to understand. The original article jumps into it a bit more deeply.

If there are any assets worth planning to protect, then it’s worth consulting your attorney about whether a DAPT will do the work. The biggest point about the trust itself might be that it can go a long way toward solving potential spousal creditor issues too. Take the time to look into the issue and the tools at hand.

Reference: Forbes (May 15, 2014) “How To Protect Yourself In A Divorce Using A Domestic Asset Protection Trust

Wealth Distribution Options for the Single or Childless in Utah

“We say to people: ‘If you do nothing, your money will go to the state. Is that what you want?’ That’s enough to make them want to consider something else,” says Andrew Russell, a certified financial planner in San Diego.

If you have no spouse or children, you may feel like you have an estate planning dilemma. How do you plan when there is no one to plan for? For an increasing portion of the population there are no direct descendants, and those individuals are pondering their wealth distribution options.

Reuter’s summarized the issues in a recent article titled “Estate planning for the young, rich and childless.” It’s in one sense a case of there being no easy or automatic options. This means that the sky is the limit. The other side of the coin, however, is that there also is much room for option paralysis. For most, the most rewarding decision is to find a way to give back to the community and to the causes about which you care most through charitable giving.

This is not simply a niche issue, either. According to statistics, there are over 17 million unmarried Americans over the age of 65 who will experience this tricky position. And it is not just an issue for retirees or those of a certain age. You are childless until you have children, so even the young have to address this in their own planning. After all, estate planning is also not an age-driven activity. Be sure to meet with an experienced estate planning attorney to help you navigate your options and make adjustments as your situation changes.

Reference: Reuters (June 2, 2014) “Estate planning for the young, rich and childless

Financial Planning in Utah Before Dementia Strikes

Not only can dementia lead to poor financial decision-making; it can also make sufferers susceptible to financial fraud.

You cannot predict whether or not you or your spouse will develop dementia later in life. But because dementia is such a real possibility to face for many households, it is one better faced sooner rather than later. Proper planning can reduce the inevitable stress on all concerned.

The issue of dementia in planning was recently addressed by MarketWatch in article titled “Stunning study on dementia, couples and money.” The results of the study mentioned are multifaceted. However, there is one obvious data point upon which the article rotates – the vast majority of households turn over financial control to the unimpaired spouse once the original leader of family finances shows signs of dementia. Unfortunately, dementia doesn’t work that way; it’s far too subtle. This means that many households may have waited too long, and then the unimpaired spouse is left to learn all of the finances and pick up any broken pieces from a spouse who may be unable to fully account for it all. That is a glass half empty, unfortunately.

So how do you fight against so subtle an affliction and a tide of impairment affecting (as far as we can tell) fully 22% of Americans over the age of 71? You plan early and spouses plan together. In fact, there is much to do and it is all about starting early. The original article, as it happens, also offers a helpful bit of wisdom with five practical tips.

Are you an adult child working to assist your aging parents? Then some of these tips are critical to share with your parents sooner rather than later.

Reference: MarketWatch (June 2, 2014) “Stunning study on dementia, couples and money

Special Needs Planning with Utah Trusts

Caring for children with special needs can require a lot of financial and logistical planning to ensure they’re experiencing the best quality of life possible.

There is much thought and planning that goes into caring for a child with special needs. And that planning should go beyond your lifetime, just in case you are no longer here to provide the care yourself.

How can you possibly ensure for the future of your children, especially when they have certain dependencies? CNBC recently touched on this topic offering up a solution – the special needs trust. If this topic touches you and someone you love, then take a moment to read the original article titled “Special needs trusts: Helping parents provide for kids’ futures.

Trusts are powerful legal devices made to do what you program them to do, all under the watchful gaze of a responsible trustee. The needs of a child with special needs are especially amenable to special planning. You can’t leave your assets to them outright, as your child is likely unable to use them. In fact, just owning them might endanger their government assistance such as Social Security and Medicaid.

Sure, money could be left to another child or other loved one with express instructions to care for the special needs child. However, without formalization, it’s never guaranteed that the money will be used for this purpose. Instead, that money would be open to the other individual’s liabilities, suits, divorces, and other legal pitfalls. The special needs trust solves all of this in a very tidy way and even ensures that there is always a financial guardian of sorts in the trustee.

Why do you need to leave assets to your child with special needs in the first place? After all, they will be receiving government assistance, right? This depends greatly upon the nature of the care needed, of course. But as many parents can already attest, those government benefits can only take you so far and even sometimes force decisions. The special needs trust can provide for the needs of your child that are not covered by government benefits.  For example, not all medications are paid for by Medicaid.  Those sometimes vital medications can be paid for by the Special Needs Trust.

Your special needs trust can care for them without any benefits, if your have the means of course. In reality the express goal of a special needs trust is to bridge the gaps and protect all aspects of their life and longevity. Just what kind of a trust you can put together and what kind of needs you have to fulfill depends on your finances and your child. Regardless, the trust needs to be drafted by a steady hand and a careful mind.

Competent counsel can knit together the plan, the ability and the needs in light of current (and even future) laws and regulations to provide for a loved one’s care. In the end, that’s not just peace of mind now, but the assurance of a happy life for your loved ones who cannot take care of themselves.

Reference: CNBC (May 31, 2014) “Special needs trusts: Helping parents provide for kids’ futures