New York Trusts & Estates

Do I Have All the Beneficiaries Set Up Correctly on My Assets? White Plains, New York

The typical example is an ex-spouse getting all your retirement savings. However, what if you have a child with an opioid addition, you die, and he or she inherits hundreds of thousands of dollars—that vanish in less than a year?

The assets that you own can be passed to your family members in three basic ways: title of ownership is transferred, you name them to inherit assets in your will, or they are the designated beneficiaries named on your various banking and investment accounts and insurance policies.

Many of our assets are transferred through this beneficiary designation, yet we don’t spend enough time tracking and updating these names.

When’s the last time you’ve reviewed your beneficiaries? This question was explored in a recent InsideNoVa article, “Naming Beneficiaries: A Quick Tip to Reduce the Surprise Factor.”

For example, if your checking account is titled in your spouse’s and your name “with rights of survivorship” (WROS), you effectively co-own the account. That one should be all set, at least until the surviving spouse dies.

Your will instructs your executor on the transfer of any assets that aren’t transferred by title or contract. That’s probably at least some of your estate.  Therefore, if you don’t have a will, make an appointment with an estate planning attorney to make sure you have this important document.

Next, the beneficiary designation contacts for assets like your retirement accounts, pension plans and insurance policies should be reviewed when there’s a life event, like a birth or adoption of a child, a divorce, or a marriage.

Start the process by identifying all the accounts you own, including life insurance policies, annuities, and the like that will pass by beneficiary designation. You should then see who the primary and contingent (secondary) beneficiaries are for each. You can usually assign percentages to your beneficiaries. Therefore, you could name your spouse as primary beneficiary, 100%. Your siblings could then be secondary beneficiaries in equal shares.

Some contracts allow you to have your funds be distributed “per stirpes.” In that case, if you name your three children as primary beneficiaries, they each would receive a third. However, if your eldest son dies with you, with per stirpes, his share will go to his children.

In addition, there may be situations when you might designate a trust as a beneficiary. This can get complicated, so work with an experienced trust and estate attorney.

Don’t overlook this detail, as it can have a very big impact, and not always for the good, on your family and loved ones.

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Three Thoughts on Retirement Finances New City, New York

These are common questions discussed when planning retirements: Social Security, women and retirement, and couples adjusting to retirement together.

While every article about when to start taking Social Security benefits focuses on delaying as long as possible, until age 70, to maximize the monthly payment you receive, there are a few exceptions. As discussed in this article from Financial Planning, “The 1 reason not to delay Social Security,” people who are in poor health or have received a terminal diagnosis have no need to delay.

While the benefit will be less if they file early, the greater number of individual payments will help offset the smaller benefit amount.

There are three ways that women can plan for a better retirement. Women should not rely solely on their spouses when planning for retirement. Instead, they should more directly participate in how they’ll secure their senior years. That’s because many of them are likely to live longer than their partners, according to an article from MarketWatch. Women should calculate the amount of income they anticipate receiving in retirement and consider other income streams.

In addition, they can talk about their estate plans with their spouses and family members and look for alternative income sources. One example is an immediate annuity. In the right circumstances, they can be a terrific strategy to improve one’s retirement prospects.

Remember that despite not having a 401(k), individuals can still save for retirement. Workers who don’t have the option of a workplace retirement plan, should ask their employer to set up one on the basis of incentives that the company will receive.

These workers can also look into opening a health savings account and an individual retirement account, preferably a Roth IRA, which offers tax-free growth on savings and penalty-free early withdrawals.

They also can choose to switch their status to a 1099 from a W-2 employee to establish a SEP IRA.

Finally, living together in retirement can be difficult for couples who are used to having work as a diversion. To overcome the obstacles, couples should talk about retirement and be honest about their expectations, rules, and disappointments. They should also find a common ground, if they have different interests. There’s nothing wrong with wives and husbands having separate interests or even separate friends, as long as they balance their time apart with quality time together.

A healthy and fulfilling retirement has many moving parts, from finances to recreational pursuits. Advance planning for all aspects will make it a more rewarding chapter of your life.

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Roth IRA Contribution Rules You Need to Know Yorktown Heights, New York

The IRA is the backbone of many people’s retirement savings plans, and the Roth IRA is a particular favorite. A Roth lets you take withdrawals tax free at any time and tax-free withdrawals of earnings on contributions after a five-year holding period, as long as you are at least 59 ½, using the money to buy your first home or disabled. That’s a great deal for many Americans!

All you have to do to meet the requirements for having a Roth IRA, says Investopedia in the article, “Roth IRA Contribution Rules: The Basics,” is work for a living. That can be earned income that you get from a job, including commissions, tips and taxable fringe benefits, or net earnings for the self-employed.

A couple with a large difference in incomes might want to add the higher-earning spouse's name to a Roth account to increase the contribution limits. However, the IRS says you can’t maintain joint Roth IRA accounts. There is a way to contribute larger amounts, if your spouse establishes his or her own IRA. A spouse who works can also contribute to a Roth IRA for a nonworking spouse (with sufficient income). However, remember that your contribution may be restricted or barred if your income is too high. Roth IRA contributions are phased out when your Modified Adjusted Gross Income (MAGI) is more than a set limit for your tax filing status.

There is no minimum or maximum age for making Roth IRA contributions. The fact that you participate in a qualified retirement plan doesn’t affect your eligibility to make Roth IRA contributions. The maximum contribution for 2018 is $5,500 ($6,500 if you’re 50+ by the end of the year). An annual contribution can’t exceed earned income.

Conversions to a Roth IRA from a taxable retirement account, like a 401(k) plan or a traditional IRA, don’t have any effect on the contribution limit. However, making a conversion adds to MAGI and may mean a phaseout of your Roth IRA contribution amount. Rollovers from one Roth IRA to another also aren’t taken into account in making annual contributions. Roth IRA contributions can be made up to the due date of the return for the year to which contributions relate. Therefore, contributions to a Roth IRA for 2017 could have been made through April 17, 2018, as that was the due date for the 2017 income tax return. Getting an extension of time to file a tax return, doesn’t give you more time to make an annual contribution. You can also make a Roth IRA contribution by having the IRS apply some or all of a tax refund.

Contributions to Roth IRAs aren’t tax deductible, because they’re done with your after-tax earnings. A Roth IRA is tax-free income for the future, but you may be eligible for a tax credit, of 10-50% on the amount contributed to a Roth IRA. Low- and moderate-income taxpayers may qualify for an additional tax break—the Saver's Credit, which is a retirement savings credit up to $1,000, based on your filing status, MAGI, and Roth IRA contribution.

You don’t have to report your Roth IRA contribution on your federal income tax return. However, you should keep track of it. This will help you show you’ve met the five-year holding period for taking tax-free distributions of earnings from the account.

When you make a Roth IRA contribution, the custodian or trustee will send you Form 5498. Box 10 of this form shows your Roth IRA contribution. Retain this form with your tax returns records for each year that you make a Roth IRA contribution.

There is one downside, but it’s far outweighed by all the benefits as described above. Contributions to Roth IRAs are not tax deductible, and they are made with your after-tax earnings. However, the idea is that you are creating tax-free income for your future. And that is well worth it!

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Are Estate Planning Documents for the Living, Or the Dead? White Plains, New York

Too many people don’t understand the importance of estate planning as a means of protecting themselves and their families, while they are living. There’s more to estate planning than meets the eye!

What happens when an adult is injured in a terrible accident and is in a coma? If the person was in charge of the household’s finances, how will bills get paid while they are recovering? If they are never going to recover, how will their family make financial or health care decisions on their behalf?

This unfortunate scenario is one of many life events that an estate plan can address.

AL.com’s recent article, “If You Don’t Have This, You Need It” says that a better solution is to be proactive and have your attorney create a Power of Attorney before you need one. Let’s look at the different types of POAs.

• Springing Power of Attorney. This only becomes effective under certain conditions, typically incapacity. A big disadvantage of this POA, is that when someone tries to use it on your behalf, they may be required to "prove" that you are actually incompetent, creating inconvenience and delays.
• General Power of Attorney. This document is one in which you give your attorney-in-fact the authority to act on your behalf at any time. However, if you become incapacitated, this document is null and void.
• General and Durable Power of Attorney. This document lets your attorney-in-fact continue acting on your behalf, if you become incapacitated.
• Limited Power of Attorney. Here, you appoint someone to act on your behalf, only under certain conditions, such as only when you’re out of the country.

Consider your own situation. Which Power of Attorney is most appropriate for you? An experienced estate planning attorney will make this decision more accurate and easier. You will then decide whom you’d appoint as your attorney-in-fact. If you’re married, a natural choice is your spouse. However, you should also have at least one successor attorney-in-fact.

Consult with an estate planning attorney to be sure the document conforms to state law. Your counselor can help you decide which Power of Attorney type is best for your situation.

Advance Directive for Healthcare. This document describes your wishes on end-of-life care. These documents aren’t legally binding agreements, but it’s seldom that their instructions aren’t followed and accepted by healthcare professionals. Talk to an attorney, because they do vary by state. They’re typically, divided into two parts:

• Living Will. In this, you'll give detailed instructions on the level of care, should you become incompetent and facing a potential end-of-life situation. This should talk about whether you’d want to stay on life-support, remain on a feeding tube, or if you’d want hydration or pain medicines administered or withheld, should you ever be in a vegetative state. It’s far better for you to make these calls, instead of leaving it to a physician or a family member.
• Healthcare Proxy. This document names the person who you entrust with your health decisions. You may also use a Living Will, depending on your state’s laws, to convey your wishes and in that document, express your desire that no one speaks for you but your wishes in that document be followed.

An estate planning attorney should be consulted to prepare these documents. They will have years of experience with families and understand how to best express your wishes, so that they will be followed.

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Is It Too Late for Me to Get Ready to Retire? Yorktown Heights, New York

Most of us don’t realize how important it is to save and plan for retirement, until we’re around the corner from that big change. Sometimes you can catch up, and sometimes you have to delay retiring.

It truly does take a lifetime to prepare for retirement. That is, if you were smart enough to recognize how powerful a lifetime of working and saving can be. Unfortunately, not everyone figures that out in time.

U.S. News & World Report’s article, “What 50-Year-Olds Should Have Already Done to Prep for Retirement,” explains that some people in their 50s and 60s don’t have the savings or the income to retire. As a result, they’ll need to keep working or reduce their expectations about their retirement lifestyle. Don’t learn this lesson in the weeks before your planned retirement. At that point, the damage has been done. By the time you hit retirement age, you should’ve had years of planning and advice. Retirement planning should begin to firm up when you reach age 50. At that point, here are the things you should have accomplished:

Increase contributions to retirement savings. You should have started regularly saving for retirement early in your career, maximizing what you can put into retirement plans and increasing the amount saved every year.

Save outside of your 401(k) or IRA. You don't want to deposit all your savings in a retirement account. If you do, the withdrawals are taxed as ordinary income. Instead, diversify your retirement savings into three tax buckets: taxable, tax-deferred and tax-free. There are limits on how much money you can put into a qualified retirement plan. You should also have another bucket of retirement income that isn't tax-deferred or taxable at your income tax rate, when you take out this money out.

Create an emergency fund. You should have or should create an emergency fund separate from your retirement savings. About 40% of Americans, if faced with an unexpected expense of $400, couldn’t pay it or would pay it by selling something or borrowing money, according to a 2018 Federal Reserve report. You need some security for all of the things that can occur before retirement, whether unexpected medical expenses or the loss of your job.

Work with an estate planning attorney. Don't wait until you’re ready to retire, to talk to an estate planning attorney. Your estate plan should be created long before you retire, because you need to have an idea of the amount of money you need to live the way you want to live in retirement. Review this on an annual basis. In addition, you need to make tax planning decisions throughout the year, not just at tax time. An attorney can answer these questions.

Get rid of your debt. A debt-free lifestyle makes it easier to save money for the future. Eliminate expensive credit card debt and enter into retirement as debt-free as you can.

Use a health savings account (HSA). If you’re in a high-deductible health insurance plan, you’re eligible to participate in a health savings account. There’s no other type of account that has the triple tax benefit: tax-free input, tax-free deferral and tax-free output.

Create an estate plan. You should have your will and medical directives done. You never know what can happen. Make sure the money you worked for, goes where you want it. That's important. You should also check your beneficiary designations on your IRAs, brokerage accounts and 401(k) to be certain they’re up-to-date.

Understand transportation and housing costs. If your mortgage or car payment is keeping you from saving for retirement, you need to make some significant changes to your lifestyle. You either have too much house or too much transportation, and that means you’re not saving enough for retirement.

Think of where and how you want to spend your retirement. Get some ideas about where you want to live in retirement and how you’ll pay for it. Are you thinking of aging in place or moving to a warmer climate?

What would you like to do during your retirement? The first month is a blast—no more waking up early to get out the door, no more meetings. But when then? Start by making a list of the things that have meaning to you and include ways that you can be of service to the community.

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Get Ready for Medicare Premium Increases in 2019 In New City, New York

If you’re among those with the highest income, you’ll see a new surcharge tier in 2019.

According to an announcement from The Centers for Medicare & Medicaid Services, most seniors will pay $135.50 per month for Medicare Part B in 2019. In 2018, that was $134.

Kiplinger’s recent article, “What You'll Pay for Medicare Premiums in 2019,” reports that a few Medicare beneficiaries (about 3.5%) will pay somewhat less because the cost-of-living increase in their Social Security benefits isn’t big enough to cover the full premium increase. The “hold-harmless provision” keeps enrollees’ annual increases in Medicare premiums from rising above their cost-of-living increases in Social Security benefits, if their premiums are automatically deducted from their Social Security payments. Social Security benefits are increasing by 2.8% in 2019, which will cover the increase in premiums for most seniors.

Premium increases are also pretty slight for most higher-income beneficiaries. Who are they? Those with adjusted gross income plus tax-exempt interest income of more than $85,000 if single or $170,000 if married filing jointly. These people already pay a high-income surcharge. However, a new surcharge tier will apply in 2019 for people with the highest incomes. Thus, monthly premiums for higher-income beneficiaries will be between $189.60 to $460.50 per person, based on their income.

If your income is $85,001 to $107,000 (or $170,001 to $214,000 if filing jointly), your monthly premium will go from $187.50 to $189.60. Monthly premiums for singles with an income of $107,001 to $133,500 (joint filers with income of $214,001 to $267,000) will be $270.90 (that’s up from $267.90).  Premiums for singles earning $133,501 to $160,000 ($267,001 to $320,000 for joint filers) will increase from $348.30 to $352.20.

If your income was greater than that, your monthly premium for 2018 was $428.60. In 2019, again, there’ll be an extra surcharge tier for people with the highest income. These high-income surcharges for 2019 are typically based on 2017 income. You can contest the surcharge, if you’ve had life-changing events that may have dropped your income since then. This includes retirement, divorce, or the death of a spouse.

If your income is in the range of $160,001 to $499,999 ($320,001 to $749,999 for joint filers), you’ll pay $433.40 per month. Single filers with income of $500,000 or more ($750,000 or more for joint filers) will pay $460.50 per month.

That’s not all that’s going up in 2019. The deductible for Medicare Part A, which covers hospital services, will increase from $1,340 in 2018 to $1,364 in 2019, and the deductible for Medicare Part B will see a small increase from $183 to $185. That’s the part that covers physician services and other outpatient services.

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Family Members Charged with Felony Theft for Allegedly Stealing from Father In White Plains, New York

This is a sad reminder that much elder financial abuse takes place at the hands of family members. In this case, a son and daughter-in-law have been charged with taking more than $150,000 from the 86-year-old father.

Dauphin County Commissioner George Hartwick says that the fourth largest financial case since 2004 is now underway, reports Fox 43 in “Son charged for stealing $153,168 from 86-year-old father, officials talk elder abuse warning signs.” Chester Robert Garman III and his wife Kathy Alice Garman have been charged with felony theft and access device fraud for allegedly stealing from the man’s father over the course of four years.

Dauphin County officials are using this elder financial abuse case as a reminder for the public to monitor those 60 and older for signs of abuse, neglect or financial exploitation.

Reports of elder abuse in the Pennsylvania county continue to rise every year. Thus far in 2018, county officials have received more than 1,600 reports of elder abuse.

"In Dauphin County we want to make it clear that if there are suspected abuses occurring, we will take actions," said Hartwick. "We are communicating, and we will do everything to make sure we are protecting out seniors and bring those individuals who perpetrate those crimes to justice."

It’s not uncommon in elder abuse cases—such as the Garman's—for a person familiar to the victim to be the bad actor, someone they know and trust. The Dauphin County Area Agency on Aging says there are many signs of abuse. If a person sees anything they think is questionable, they should call the authorities.

Elder abuse can come in many types:

• Physical elder abuse: the non-accidental use of force against an elderly person that results in physical pain, injury or impairment;
• Emotional elder abuse: causing the senior emotional or psychological pain or distress, like intimidation through yelling or threats and isolation;
• Sexual elder abuse: contact with an elderly person without their consent;
• Elder neglect or failing to fulfill a caretaking obligation;
• Financial exploitation: unauthorized use of an individual’s personal funds or property; and
• Healthcare fraud and abuse by unethical doctors, nurses, and other professional care providers.

The County’s District Attorney advises families to have a power of attorney put in place, especially if there is a caregiver who has access to the senior’s financial assets. The power of attorney provides a clear delineation of what the obligations are of the caregiver to the person receiving the care.

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Getting Married? Yes, You Need a Prenup In New City, New York

Having a prenup is not planning for divorce, and you don’t have to be rich to need one.  However, you should have a prenup, for other reasons. What’s it cost? Depends.

A prenup is a prenuptial agreement that both parties sign before they marry, to clarify what would happen to their individual property, in the event that the marriage does not last. How much it costs varies, as explained in the Stamford Advocate’s recent article, “You don't need to be rich to get a prenup — here's how much you should expect to pay.” Where you live has a lot to do with the cost.

The average cost of a prenup is about $2,500, according to U.S. News & World Report. Many couples could expect to pay as little as $1,200, provided their finances are fairly straightforward. However, in major urban cities, where the cost of living is higher, it will cost a bit more for a prenup. For example, the cost to negotiate and draft a prenup in New York City can be from $7,500 to $10,000 per party. In addition to location, there are several other factors that can impact the cost of a prenup.

It really depends on what you are protecting, if the negotiations are contentious, the quality of counsel you choose and the client's own socio-economic level.

The costs vary widely geographically, but it will also vary based on the practice and reputation of the attorney who’s drafting the prenup. A couple should typically each prepare to spend a similar amount on a prenuptial, as they would for basic estate planning documents.

A prenup is seldom negotiated on a flat fee because there are too many variables. The risk of extended negotiations are why an attorney will want to charge you on an hourly basis.

If you fail to talk about your prenup expectations beforehand, or you convey a different message to your counsel than what was previously discussed, the prenup process will take longer than expected. Negotiations can also be prolonged, if the opposing counsel doesn't focus their practice in this area of law.

It takes time to go through complex arrangements like trusts, LLCs and partnerships that protect wealth with an attorney.

Some couples don’t like the idea of negotiating over a prenup in the months or weeks leading up to their wedding. It’s not romantic—but there is a business side to a marriage that does need to be addressed. Think of it as good practice for the next discussion you have with an attorney—creating an estate plan.

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What If I Don’t Want to Give My Kids My Assets? In White Plains, New York

Just because Warren Buffet wants billionaires to sign his giving pledge, doesn’t mean you have to.  However, not everyone wants to leave everything to their kids.

There are many reasons why some parents simply don’t want to give all, or a large portion of their assets to their children. Type “A” personality parents who made every sacrifice to grow their wealth, may be disappointed with kids who aren’t at all motivated. A family may also be fragmented by politics, or disappointed in their children’s selection of partners.

America is about to see a massive transfer of wealth from baby boomers, who’ve stockpiled an estimated $30 trillion. The “Me Generation” will probably spend some of its fortune, but there’ll be a lot remaining to pass along to their heirs. Research shows that between 2031 and 2045, as much as 10% of U.S. wealth could change hands every five years.

Think Advisor’s recent article, “Who Leaves an Inheritance, Who Doesn't,” says that some people are more inclined to leave an inheritance than others. The reasons for doing so aren’t all intuitive.

In an effort to better understand what influences an individual’s intention to leave an inheritance, researchers at Kansas State University analyzed data from the 2016 Survey of Consumer Finances. The survey is given every three years by the Federal Reserve. It gathers data about U.S. household balance sheets, income, expenditures, key demographics and attitudes. After controlling for net worth, household income and other demographic characteristics, KSU used a binary logistic regression model to parse out the variables associated with the expectation of leaving an inheritance.

The results revealed the traits that are closely linked to bequest intentions and those that aren’t. They found that children aren’t a significant predictor of whether a person is likely to leave an inheritance. Likewise, owning cash-value life insurance or being a habitual saver doesn’t seem to play a role in an individual’s bequest rationale.

The top predictor most associated with passing on wealth is an individual’s own expectation of receiving an inheritance. The survey found that people were nearly 16% more likely to leave money to their heirs. However, those who actually did receive an inheritance, were 7% more likely to want to do the same for their own family.

It is not a shock, but a second leading predictor is a person’s attitudes about leaving an inheritance to others. Those respondents who ranked this goal as important, are 9.5% more likely to expect to leave an inheritance, as opposed to those who said it wasn’t important.

One interesting note: people who own businesses place a high value on inheritances. Perhaps the same drive that fuels the acquisition of wealth to attain a luxurious retirement, also pushes individuals to want to provide for their families.

In the end, what families leave to their children is just as much about values, family lore and a sense of belonging, as the asset left for children and the grandchildren.

An estate planning attorney can help you create a plan that addresses the assets you’d like to leave for the family members, charitable giving, a plan to manage estate taxes and a means to pass along more intangible and meaningful assets, like values and principles.

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What is a Living Will, and Do I Need One? In Yorktown Heights, New York

Young people don’t think they’ll ever need any kind of will. However, a living will makes sense for people at every age and stage of life. We never know when a serious illness or injury will occur.

New guidelines have been released about living wills from the American Bar Association Commission on Law and Aging. Advance care planning is something that shifts and changes throughout the course of a person’s life. Priorities and goals change over time, and the document needs to be updated to reflect those changes.

There are four stages of life that should necessitate changing a living will, says Forbes in its recent article, “Living Wills Stressed For Adults Of All Ages.”

While healthy young adults are right to believe that their chances of dying soon are pretty low, many in that age range have accidents leading to temporary or permanent impairments. In those cases, having someone named ahead of time to know and follow their medical wishes is a huge plus.

Living will planning also needs to be modified significantly for those who experience severe health threatening illnesses. Another time for living will adjustments comes when people are diagnosed with terminal illnesses. Their living wills should have directions on what life support they want and what care they would like when in hospice.

When creating a living will, you need to find someone you feel comfortable talking to, who will know and carry out your wishes for end-of-life care as a proxy.

Many people turn to their spouse for the role, but usually a husband may not want to go through the trauma of extended end-of-life care. However, his wife may believe everything should be done to save him, for as long as humanly possible. A word of advice: don’t appoint a person as a proxy, who’s so opinionated she could let her own thinking take precedence over the patient’s wishes.

A person’s directions for end-of-life care need to be considered after discussions with your doctor, your family and your attorney.

A big issue with living wills is it’s frequently impossible for medical professionals and people with power of attorney to find that they exist (and then find them), when they’re needed for health care decision making in an emergency situation. To solve this problem, some states have created registries, some with smart phone apps that can give doctors and attorneys access to a living will to implement it.

Before you sit down to prepare a living will, talk with your estate planning attorney about scenarios that you are and are not willing to tolerate. This includes being in a coma, requiring the use of machine to maintain life-sustaining functions, not being able to recognize loved ones, not being able to feed, bathe or take care of yourself.

When you know what you want and do not want to happen during these admittedly unsettling situations, then you’ll be ready to finalize your living will.

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