Friday, July 23, 2010 Long Term Care Risks and Their Solutions
As our population continues to age the need for long term care services continues to grow dramatically. According to the Department of Health website 70% of Americans over age 65 will need some kind of long term care in their lifetime. In addition, the largest provider of financing of care are tax dollars the Federal and state governments provide through Medicaid, not Medicare funding. (www.longtermcare.gov.).
The Federal government has imposed strict financial guidelines before tax dollars are to be used to pay for long term care. For an individual needing care, the total amount of assets that is allowed to be retained is only $2000!
Families are concerned that the high cost of nursing home care (currently $75,000 or more per year) will deplete their estates leaving nothing to give as a legacy to their loved ones. Romeo Raabe "The Long term Care Guy" asks a simple question "Would an extra bill of $50,000 to $90,000 a year be a problem in your retirement?" See www.Thelongtermcareguy.com
So what are families to do? The first solution would be to have a family meeting to put a Care Plan into place. Then the family needs to explore: 1) Purchase of a long term care policy that qualifies as a partnership plan in Wisconsin; 2) Consider self funding costs with a tax deferred HIPAA annuity with a long term care rider; 3) Explore purchasing life insurance with a long term care rider; 4) Determine if a Continuous Care Facility or life care residence is a safer and financially viable alternative to home care ( www.carf.org); 5) Have our Team of experts prepare an Estate plan for you that will preserve a significant amount of your assets from the rising cost of long term care. 6) Establish a reverse mortgage, either as a line of credit or as an annuity payment as a way to finance home care long term care costs.
A final alternative that will be available beginning in 2011 is a new Federal program to be established through the Department of Health as a voluntary payroll deduction Long Term Care Program through employers. If offered by a company, each employee will be enrolled in the plan unless they elect out of participation. The program is designed to pay for a small amount of long term care costs (between $50-$75 a day) as a benefit, with indexing for inflation.
Benefits are available after 5 years of premium payments. Since there is no medical underwriting individuals with health conditions will be accepted into the program automatically. Friday, July 02, 2010 2010 ANNUAL UPDATE MEETING
June 7, 2010 was the time for our 7th Annual State of the Estate meeting. Congratulations to the winners of our drawing. Bob Brogan won 2 tickets to the Baylake Bank Tall Ship Festival www.tallshipgreenbay.com. Paul Kieffer 2 tickets to the PGA Championship Friday August 14, round at Whistling Straits www.pga2010.com.
Two new exciting changes at Ross Estate Planning were announced. Check out our website for more details. www.rossestateplanning.com
"R" club Ross/Review/Revise. This is our new yearly review program. Your estate is too important to fall victim to law changes or to let new opportunities pass you by.
Legal Vault Secure access to healthcare directives when you need it most; plus electronic storage of your critical documents. This service is included in your "R" club program membership.
Romeo Raabe www.TheLongTermCareGuy.comhas a strong interest in cheap travel. He provided a number of insights and websites to help you in your travels. Call us to get a copy of his information. After the meeting he gave me another great tip:
"For people who travel out of the country, it’s a good idea to scan your passport and then email it to a free email account such as Yahoo or Google's gmail. Then if yours is lost while traveling, you can bring up a copy from any internet terminal in the world. Also print a color copy and then have it laminated. It can be carried in a swimsuit and not get wet."
Please feel free to share this information with your friends and family. Friday, May 28, 2010 Take Care of the Simple Stuff
You might be interested in a recent article at CNBC.com titled How to Manage Your Death Portfolio, online at http://www.cnbc.com/id/37088214. It’s another good example of an article that recognizes the need for more than a basic will.
“Most people have the traditional legal documents, but they don’t have a simple Family Love Letter,” says Craig Silverman, retirement planning specialist with AXA Advisors in Melville, NY.
The letter that Silverman is referring to is a 50-page document, created by Jeff Scroggin, partner in Scroggin & Company in Roswell, Ga., and includes an inventory of advisors, assets and other information. It even contains details like account passwords.
Each of Ross Estate Planning Portfolios have a place for all of this information to be provided to your family and Advisors. We call it your homework. We have thought of simple stuff like putting down the whereabouts of a bank safety deposit box, and the personal property list.
Is your Family Love Letter up to date? If not check out a new service for Ross Estate Planning clients called "The R Club". Friday, May 07, 2010 The Ultimate Gift
I sat down with some of my family members this past weekend to watch The Ultimate Gift movie. Every time I watch the movie I am inspired by the great message. It is a movie the entire family can enjoy. Jason Stevens embarks on a yearlong journey and discovers life changing lessons, forges meaningful relationships that he never knew could exist and learns to give back to others in need. I have handed out a number of the Ultimate Gift books. I am curious the reaction any of you have had to the message of the book and movie. By the way if you have not had a chance to see the movie you can rent it at your local video store or buy for about $10.00 at www.amazon.com/.
Please note that the book and the movie have some differences. In the book Red Stevens is Jason's great uncle. In the movie he is Jason's grandfather. In the movie, Emily, the young girl with cancer (portrayed by Abigail Breslin) will steal your heart. If you would like see the trailer for this movie follow this link: athttp://www.youtube.com/watch?v=rwXe5eKZr6M&NR=1.
I would like to encourage you to get share your thoughts and experiences you have gained from the lessons from the book. In the movie the first gift is work. Jason is sent to Texas to work on a ranch. Gus and red had to be great friends for Gus to take in Jason for a month sight unseen. What was your reaction to Jason's wakeup call from Gus?
In the movie the author Jim Stovall has a brief appearance as a limo driver. Remember he is blind. When I had a chance to meet Jim Stovall he explained that his appearance turned this family movie into an action adventure.
If you would like to look at a faith based discussion guide go to: http://www.theultimategift.com/public/docs/TheUltimateGift-FaithDiscussionGuide.pdf Friday, April 16, 2010 Who is minding your Digital Property?
Steven Maimes, principal of SALAM Research writes in The Trust Advisor Blog. http://thetrustadvisor.com/
Recently, a great deal of attention has been given to the digital life after death – especially gaining access to a deceased person’s email accounts. We have entered into an age where digital storage is replacing physical document storage. In the future, more important property will be created, revised, and stored digitally. And as more people move important components of their lives onto the computer (from photos to legal documents, medical records and beyond), it becomes necessary to devise a safe and secure method for a deceased or otherwise incapacitated person’s loved ones to access digital property. A recent article from The Wall Street Journalsuggests everyone establish a separate plan to deal with online property issues when they die or become incapacitated.
Here is what you can do now:
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List your digital property.Create a document and note if the property is personal or has monetary value. Other details can be included. For example account usernames and passwords, specific instruction about each account, and other details (such as whether certain documents or correspondence should be deleted). Update this list quarterly. (Legal Vault for R Club Members)
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Define your wishes.Choose who will have access to the property.
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Choose someone to execute your wishes.Provide access and control to that person including account usernames and passwords.
Friday, April 09, 2010 A Family Conversation
The Greatest Generation just does not like to discuss estate planning. Supposedly 7 out of 10 of us have no plan. Of the 3 who do, what are the chances that the plan is up to date?
A friend of mine, Dennis Brislawn, sent me this link to an article in the NY Times talking about talking. I wanted to share it with you as it paints the picture of what happens with no plan, and even how to open a conversation about one.
http://www.nytimes.com/2010/03/04/business/04ESTATE.html?emc=eta1
When I think about the plans that I have helped clients create, many stories come to mind. Some of the best laid plans have been made when the family gets together to talk. What I have learned from family conversations is that estate planning is really not about money, it's about creating lasting bonds within families. By getting together, families can help cement those bonds and preserve memories for generations. Saturday, April 03, 2010 Estate Plan Tuneup
I have previously discussed the importance of regularly monitoring client’s estate plans and, potentially, the need to update those plans when there are changes in the client’s life. A recent New York Times article, Assemble a Paper Trail, and Make Sure Your Heirs Can Follow It, suggests that this is a critically important process. “Once you have [an estate plan], it is crucial to keep it up to date. This should be done every five years or whenever there is a major life event.”
This article goes on to say that “in a year when there is no federal estate tax — though there will almost certainly be one in 2011 — reviewing wills and trust documents should be on everyone’s to-do list. Reviewing both wills and trusts for someone with substantial assets is particularly important this year. Even though there is no estate tax, wills can have clauses that distribute assets to trusts as if the tax still existed. This could end up leaving some heirs too much money and others none at all. And since a federal estate tax will return next year even if Congress does nothing about it, there will be a need to review everything again in 2011.”
Clients may opt to do nothing which is an inexpensive alternative for now.The cheapest alternative is seldom the best alternative.
"It’s unwise to pay too much, but it’s worse to pay too little. When you pay too much you lose a little money - that is all. But, when you pay too little, you stand to lose everything, because the thing you bought was incapable of doing the thing it was bought to do.The common law of business balance prohibits paying a little and getting a lot - it can’t be done.
If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that, you will have enough to pay for something better."
John Ruskin
(1819-1900) Tuesday, March 16, 2010 Wisconsin Law Now Follow's 2010 Roth IRA Conversion Rules
Wisconsin residents of all income levels will be able to convert a traditional individual retirement account to a Roth IRA without penalty because of legislation Gov. Jim Doyle signed Monday March 15. The state Assembly and Senate passed the bill in February. Doing so allows Wisconsin to catch up with the rest of the country. Federal law was changed to allow Roth conversions for people of all incomes without penalties as of Jan. 1. All other states adopted the standard, but Wisconsin continued to charge penalties for residents who earned more than $100,000 annually. Initial penalties were as high as 5.3% of money that was transferred, and 2% a year from there on.
The legislation will become law within 10 days and will be retroactive to Jan. 1. Friday, January 29, 2010 6 Biggest IRA Beneficiary Form Mistakes
Do you want your heirs to have to chase after their IRA Money? Better make sure you have an up to date beneficiary form. The Supreme Court of the United States decided last year in the case of Kennedy vs DuPont, the ex-wife who was still listed on the beneficiary form gets the money, even though the divorce court ordered her rights terminated and she signed a waiver.
So what are the Biggest mistakes:
1. You cannot find the your IRA Beneficiary Form. The Supreme Court made it clear, the beneficiary form rules. Without the form you are stuck with the default provisions of the plan.
2. The IRA Beneficiary Form is out of date. Have there been any changes in your life, such as marriage, divorce, a death. Your will cannot change the beneficiary of your plan!
3. You have not named a backup beneficiary. If you do not name a back up beneficiary in your IRA Beneficiary Form, then who knows who gets the money.
4. Naming a minor as a beneficiary. This will result in a trip to the Probate Court and later when the child turns 18 to the Sports Car Dealership. The only question will be what color.
5. Missing out on the Stretch IRA Opportunity. This can turn a modest IRA into Millions for your beneficiary.
6. Not providing Creditor Protection for the Beneficiary. The Retirement Benefits Trust is just the solution. Tuesday, January 19, 2010 MAJOR ALERT"No citizen may soundly sleep while Congress is in session" Mark Twain
The unthinkable has happened. A distracted Congress through its inaction has made it difficult for anyone to obtain a sound and restful sleep in 2010. A few opportunities tossed in with some major problems.
OPPORTUNITIES
1. FEDERAL ESTATE TAX HAS BEEN REPEALED, This has set off all kinds of jokes about pushing Grandma off the train, but hold off because this change is only for 2010.
2. GENERATION SKIPPING TRANSFER TAX REPEALED, but again only for 2010. Create Dynasty trusts for the Grandkids.
3. FEDERAL GIFT TAX HAS BEEN REDUCED TO 35% FROM 45%. Make taxable gifts while the rate is lower. But again this change is for 2010 only.
4. EVERYONE CAN CONVERT A TRADITIONAL IRA TO A ROTH IRA. This change is permanent, or as permanent as any law can be. The $100,000 income limit has been removed. If you are over 701/2 make sure you take your RMD before doing the conversion. Also Wisconsin has not yet approved this but legislation is pending.
PROBLEMS
1. BRAND NEW CARRYOVER BASIS HAS REPLACED THE ESTATE TAX.. This creates a record keeping nightmare. Have you kept records of the cost of everything you acquired over the years? This new tax could be higher than the Estate tax.
2. FEDERAL ESTATE TAX HAS BEEN REPEALED. Almost all estate plan documents use formulas based upon the federal estate tax. The estate tax is no longer in existence so plans need to be reviewed to see how this will affect your planning.
To create more confusion no one knows what Congress will do now. Some in Congress want to restore Estate tax retroactive to January 1, 2010,(there is a question if this is constitutional), others want to do nothing, and still others want to change the law but prospective only.
At this point there is "massive , massive confusion" according to Senate Finance Chair Max Baucus.
Stay tuned. It is going to be an interesting year.
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