Proper Estate Planning can Protect Couples with Big Age Gaps

October 30, 2024

A decade-sized age gap doesn’t seem like much when you are 38 and he’s 57. However, as you get older, the age difference can lead to challenges, including those concerning estate planning and long-term care. Proper estate planning can protect couples with big age gaps. There needs to be enough resources for the surviving spouse if the older spouse passes first, which isn’t always the case. According to a recent article, “Estate Planning for May—December Couples,” from Next Avenue, finances, wills and estate plans must consider the age difference.

The U.S. Census Bureau reports the average age gap in traditional marriages as 3.69 years. However, in some Western countries, about 8% of all traditional couples have an age gap of 10 years or more.

One couple had a nearly 20-year age gap when they sat down with an advisor. The husband had three grown children from a prior marriage and didn’t want to put his second wife’s financial security in jeopardy if he should die first. His will needed to be drafted so she would inherit the home outright, while also providing his three children with an equal share of remaining assets after a certain period.

Naming someone who is not also a beneficiary to be the executor of your estate may be especially helpful here. Someone who isn’t going to benefit from an inheritance may be more objective about how assets are distributed. During their years of practice with families of all types, experienced estate planning attorneys see all kinds of family situations, including couples in subsequent marriages with large age gaps. They can help navigate the best way for wealth to be distributed to protect both the younger spouse and any children from prior marriages.

A few essential tasks:

Review and update beneficiary designations on accounts like life insurance, retirement accounts and other assets.

Be clear in conversations about your intentions for personal property and document your wishes in your will. Family disputes over heirlooms, regardless of their value, can happen if you haven’t put those wishes in writing.

If the older spouse dies and the young one remarries, it’s possible the new spouse could inherit the older spouse’s assets unless good estate planning is done. The older spouse may consider leaving assets in a marital trust designed to benefit the surviving spouse. This way, the surviving spouse has access to funds as needed. However, upon the surviving spouse’s death, the assets go to the older spouse’s other beneficiaries.

Couples should always have a Power of Attorney, Health Care Power of Attorney and Living Wills created when working with an estate planning attorney. The medical power of attorney allows another person to make medical decisions in case of incapacity. A Living Will outlines what treatments you do or don’t want if you are terminally ill or injured. These documents vary by state and, just like your will, should be personalized to reflect your wishes. An estate planning attorney will show you how proper estate planning that can protect couples with big age gaps. If you would like to learn more about planning for couples, please visit our previous posts.

Reference: Next Avenue (Sep. 5, 2024) “Estate Planning for May—December Couples”

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Grandparents Raising Grandchildren need Specialized Estate Planning

October 28, 2024

Grandparents raising grandchildren need specialized estate planning. Navigating these issues can feel overwhelming. A skilled lawyer can help you understand your estate planning options and secure your grandchild’s future.

According to AARP, grandparents responsible for their grandchildren must often establish a legal relationship to care for them fully. Without this, you may face difficulties enrolling them in school, getting medical care, or making important decisions on their behalf. Here are the primary options to consider:

Guardianship: This legal arrangement allows grandparents to decide about their grandchildren’s health, education and welfare. However, it is important to note that guardianship doesn’t always sever legal parenthood and may leave the biological parents with some authority.
Grandparent Power of Attorney: A power of attorney (POA) for grandparents is much more flexible than guardianship. This makes it suitable as a temporary solution. It confers the power to make decisions, such as enrolling a child in school or seeking medical treatment.
Adoption: Adoption is the most permanent option, since it legally transfers all parental rights to the grandparents. Once completed, all legal rights to the child transfer from the biological parents to you.

Each of these legal tools comes with specific responsibilities and levels of authority. Therefore, it’s crucial to consult with an estate planning attorney to choose the best path for your family.

In some states, consent laws allow you to enroll a child in school or access medical care without a formal legal relationship. These laws allow caregivers to sign an affidavit confirming they are the primary caregiver, which may be enough to get the child’s medical services or educational enrollment. However, these laws vary by state, so you must check the rules in your area or consult an attorney.

Many grandparents worry about the financial burden of raising grandchildren, especially without formal legal arrangements. Public benefits are fortunately available for children that don’t require grandparents to have custody or guardianship. Programs such as Social Security benefits, child support, or foster care payments can help ease the financial strain. Your income may sometimes not even be counted when determining the child’s eligibility for assistance.

An article from the Chillicothe Gazette discusses an interview with Southeastern Ohio Legal Services attorney Sierra Cooper, where she covered adoption by grandparents. Among other topics, Sierra discussed how the power of attorney or caretaker authorization could provide a quicker route to gaining legal rights.

Sierra also discussed guardianship and adoption as complex but more permanent options. While the process can be challenging, legal tools are available to provide simple, short-term answers as well as enduring solutions.

Estate planning goes beyond simply caring for your grandchild while you’re alive. A solid estate plan will make all the difference if something happens to you. You can outline a guardian and backup guardian to take over raising them or establish a trust to manage their inheritance.

Grandparents may also want to consider durable powers of attorney and advance healthcare directives for themselves. These documents outline your wishes in case of an emergency.

If you are a grandparent raising grandchildren. or anticipate that you may need to take on this role, it’s essential to have specialized estate planning in place. By acting now, you can protect your grandchildren’s future and ensure that they have the support they need. If you would like to learn more about planning for grandparents, please visit our previous posts.

References: AARP (Aug. 11, 2011) “Raising Grandkids: Legal Issues” and Chillicothe Gazette (Oct. 8, 2018) “Need to help care for grandchildren? Here’s some legal tips”

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Estate Planning When You’re Single

October 24, 2024

Estate planning when you’re single can be daunting when there is no one to assist you. For one woman, the wake-up call arrived when listening to a friend explain all the tasks she needed to perform for her 91-year-old mother, whose needs were increasing rapidly. Solo agers, people who are growing older without spouses, adult children, or other family members, are now a significant part of the older population, says the article “Going Solo: How to Plan for Retirement When You’re on Your Own” from The New York Times.

Seniors who are married or have adult children have many of the same retirement planning issues as their solo ager counterparts. However, figuring out the answers requires different solutions. Managing future healthcare issues, where to live and how to ensure that retirement savings lasts needs a different approach.

Options must be addressed sooner rather than later. Estate planning is a core part of the plan. While you can’t plan everything, you can anticipate and prepare for certain events.

Determining who you can count on in a healthcare crisis and to handle your financial and legal issues is key. This is challenging when no obvious answers exist. However, it should not be avoided. You’ll need an estate plan with advance directives to convey your wishes for medical treatment and end-of-life care.

An estate planning attorney will help draw up a Power of Attorney, so someone of your choice can step in to make legal and financial issues if you become incapacitated. You’ll also want a Healthcare Proxy to name a person who can make medical decisions on your behalf if you can’t communicate your wishes. While it’s comfortable to name a trusted friend, what would happen if they aren’t able to serve? A younger person you know and trust is a better choice for this role.

A Last Will and Testament is needed to establish your wishes for distributing property. Your will is also used to name an executor who administers the will. Think about people you trust who are a generation or two younger than you, like a niece or nephew or the adult child of someone you know well. You’ll need to talk with them about taking on this role; don’t spring it on them after you’ve passed. Just because someone is named an executor doesn’t mean they have to accept the role.

Where you age matters. From safety and socialization standpoints, aging alone in a single-family home may not be the best option. Having a strong network of friends is important for the solo ager. Moving to a planned community with various support systems may be better than aging in place. Explore other housing options while you are still able to live on your own, so you can make an informed choice if and when the time comes for community living.

Estate planning when you’re single doesn’t have to be a headache. A combination of professional help will make the solo aging journey better. An experienced estate planning attorney, financial advisor and health insurance source can help you navigate the legal and business side of your life. Check with your town’s senior center for available social services and activities resources. If you would like to learn more about planning as a single person, please visit our previous posts.

Reference: The New York Times (Sept. 21, 2024) “Going Solo: How to Plan for Retirement When You’re on Your Own”

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How to Leave an Inheritance to Your Child but Not Their Spouse

October 21, 2024

As a parent, you’ve likely spent years building up your savings and assets, hoping to leave a legacy for your children. However, one concern many parents have is ensuring that the inheritance they pass on stays with their child and doesn’t end up benefiting a spouse. Whether out of love for your children or worrying about future divorces, it’s natural to consider inheritance planning strategies to safeguard your hard-earned assets. If you are concerned about your child’s relationship, you will want to learn how to leave an inheritance to your child but not their spouse.

A trust is one of the most common and effective ways to ensure that your child is the sole benefactor of their inheritance. By setting up a trust, you control how and when your assets are distributed. A trust can be created now while you’re still alive or can take effect upon your passing.

You can name the trust as the beneficiary of your retirement accounts, life insurance, or other assets. The trustee, a person you designate, will follow your instructions regarding when and how the money or property is given to your child.

While prenuptial agreements used to carry a certain stigma, that is no longer the case. These agreements have become more common, especially among younger generations. A prenuptial agreement is signed before marriage and details how a couple’s financial matters will be handled in case of a divorce.

If your child is open to the idea, they can use a prenuptial agreement to protect their future inheritance. This legal document can specify which assets belong to your child, preventing a spouse from making any claims.

If your child is already married, safeguarding their inheritance is still an option. A postnuptial agreement works similarly to a prenuptial agreement but is signed after the wedding. This document can outline which assets, including future inheritances, will remain separate in the event of a divorce.

Discussing a postnuptial agreement might feel tricky, as it requires open communication between your child and their spouse. However, it can be essential for ensuring that your child’s financial future remains protected.

While legal strategies like trusts, prenuptial agreements and postnuptial agreements are essential to inheritance planning, financial tools also play a role. Working with a trusted estate planning professional who provides the legal competence and the knowledge to examine your complete financial background can help you evaluate the best way to structure your assets and accounts to minimize potential risks. They can guide you on which accounts to designate for inheritance and which might be more vulnerable to claims in a divorce.

If you’re ready to protect your child’s financial future, an estate planning attorney will show you how to leave an inheritance to your child, but not their spouse. If you would like to learn more about inheritance planning, please visit our previous posts.

Reference: Northwestern Mutual (Apr. 22, 2022) “Can I Leave Money to My Kids But Not Their Spouses?”

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Family Wealth Discussions are Critical to Proper Planning

October 8, 2024

Family wealth discussions are critical to proper planning. It can be tricky to talk about money with your family. Whether it’s financial planning, wealth management, or future inheritance, many people feel uncomfortable addressing the topic.

Before diving into how to have these conversations, it’s essential to understand why they’re often avoided. Many families avoid discussing money because it brings up complicated emotions, such as embarrassment, guilt, or shame.

Parents might hesitate to discuss their wealth with children, fearing it could affect their values or ambition. Conversely, adult children may avoid asking their parents about their finances for fear of overstepping boundaries.

Understanding these emotional barriers is the first step to overcoming them. The key is approaching the conversation with sensitivity and openness, focusing on long-term goals rather than current financial details.

Talking to your children about family wealth can be as challenging as speaking with parents. Many parents fear sharing too much information about money will affect their children’s work ethic or sense of responsibility.

However, having open conversations about money can help your children develop a healthy understanding of financial responsibility and family values. Start by discussing what money means to your family—why you’ve worked hard to earn it, what goals you have for it and what responsibilities come with managing it.

Rather than delivering a lecture, ask your children questions that encourage them to think about wealth and responsibility. You might ask, “What does it mean to be wealthy?” or “Why do you think financial planning is important?”

Approaching a conversation about money with aging parents can be intimidating. However, handling it with care is important. Rather than diving straight into numbers and documents, ease into the discussion by asking them about their thoughts on long-term care, retirement and other financial concerns.

Frame the conversation around ensuring that their wishes are respected. For example, you might say, “I want to make sure we’re all prepared in case anything happens and that your wishes are honored.”

Having a general idea of their financial situation and being prepared can help guide the conversation. Consider whether they have a will, a plan for long-term care, or any trusts. However, remember that the focus should be on understanding their desires and values, not just the details of their finances.

Family wealth discussions are more than just talking about dollar amounts; they are about critical to proper planning. It ensures everyone understands the values and goals behind the money. Talking openly with your family about finances can relieve stress, align expectations and ensure that everyone’s values are respected.

If you are unsure how to begin these critical conversations, consider seeking professional guidance. An estate plan can provide peace of mind for you and your family. If you would like to learn more about passing on wealth to future generations, please visit our previous posts.

Reference: Morgan Stanley (2018) “How to Have Meaningful Family Conversations About Money”

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Safeguarding Wealth is an Essential Strategy for Senior Women

September 30, 2024

Women are living longer and facing unique financial challenges. With life expectancy for women being higher than men, senior women need their retirement savings to stretch further. According to JP Morgan, they often find themselves with less saved due to career breaks for caregiving and the persistent gender pay gap. Safeguarding wealth is an essential strategy for senior women to ensure financial security in their later years.

Retirement planning for women should consider their longer life expectancy and potential career interruptions. A well-crafted financial plan, designed with the help of knowledgeable advisors, can help address these concerns.

Women should actively participate in creating a plan that aligns with their lifestyle needs and future goals, factoring in anticipated and unplanned career breaks. It is also essential to regularly assess savings and investments to ensure that they are on track for a comfortable retirement.

Many women find themselves in the role of caregiver for aging parents. This responsibility often comes with both emotional and financial burdens. Women are more likely than men to leave their jobs to take care of aging parents, impacting their own retirement savings.

Beyond financial concerns, women should also consider the time and energy required for caregiving. Planning with family discussions about responsibilities can help ensure that these roles are agreed upon and manageable.

The American College of Trust and Estate Counsel Foundation highlighted the importance of women’s estate planning with the story of Huguette Clark, a wealthy woman who became isolated in her later years. Despite her wealth, Clark spent the last 20 years of her life alone in a hospital room, away from her multiple luxurious homes. She was fearful that everyone was after her money and chose to remain secluded.

Clark’s relatives challenged her will, claiming she was not of a sound mind when it was created. The case was settled. However, it illustrates how vital it is for senior women to protect their wealth and ensure that their wishes are respected.

Women should actively engage in estate planning to protect their wealth and ensure their financial security. This includes creating a will, setting up trusts and naming trusted individuals to manage their estate in case of incapacity. Understanding and participating in these decisions are crucial for senior women to prevent potential disputes and ensure that their assets are distributed according to their wishes.

Estate administration is another critical aspect of wealth planning for women. When a loved one passes, the burden of administering their estate often falls on women. This role includes locating assets, paying off debts and distributing inheritances, which can be a complex and time-consuming process. By planning ahead and discussing estate administration with family members, women can ensure that they are prepared to take on this role or appoint someone else who is better suited.

Safeguarding wealth is an essential strategy for senior women. If you are looking to secure their financial future, assembling a team of trusted advisors is a crucial first step. This team should include a financial advisor, an estate planning attorney and a tax professional who understand women’s unique challenges.

These advisors can help develop a comprehensive plan that aligns with a woman’s financial goals, family responsibilities and long-term needs. Regular communication with this team ensures that the plan adapts to changing circumstances, providing peace of mind and financial security. If you would like to learn more about planning for women, please visit our previous posts.

References: J.P. Morgan (Mar. 20, 2024) “Wealth Planning Is a Women’s Issue” and The American College of Trust and Estate Counsel (ACTEC) Foundation (Mar. 20, 2024) “Balancing Independence and Vulnerability of Older Adults: What if Granny Wants to Gamble?”

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Preparing Your Adult Children for Their Inheritance

September 18, 2024

Talking about inheritance with your children is one of the most important conversations you can have. However, it’s never easy. This is a conversation about what happens after you’re gone. Preparing your adult children for their inheritance can prevent many problems down the road.

Avoiding the topic of inheritance might seem like the path of least resistance. That is true at first. However, after you’re gone, your loved ones might suffer confusion, misunderstandings and family conflicts due to a lack of communication. Not discussing your plans could pose unanswered questions to your children or, worse, unexpected financial burdens.

According to Fidelity, open communication helps your children avoid surprises and prepares them emotionally and financially. Discussing your estate plans with your adult children can smooth the transition of wealth by sharing the values and intentions behind your decisions.

Starting the conversation about inheritance can be awkward. However, it doesn’t have to be. Begin by setting clear expectations. Let your children know why you’re discussing this and what you hope to achieve. Focusing on the importance of family unity and ensuring that everyone is on the same page is helpful.

You can start with simple topics, like how you manage your finances or the basics of your estate plan. As the conversation progresses, more details will be introduced, such as how assets will be distributed and the reasons behind these decisions.

Financial education plays a significant role in preparing your children for their inheritance. If your children lack basic money management skills, they may struggle to manage the wealth they inherit.

Start teaching them early by encouraging good financial habits. For example, you can help them set up a budget, open a savings account, or understand the importance of credit. As they age, consider discussing more complex topics, such as investing, taxes and the importance of maintaining a financial cushion.

Many parents worry about how their children will manage a large inheritance. If this concerns you, establishing a trust can effectively protect your assets, while still providing for your children’s needs.

Trusts can be tailored to fit your family’s unique situation. For example, you might set up a generation-skipping trust to benefit your grandchildren or a spendthrift trust to prevent a beneficiary from mismanaging their inheritance. Trusts can also help minimize taxes and protect your assets from creditors.

Even with the best preparation, the wealth transition can still be challenging. One of the best ways to ensure a smooth process is by developing a comprehensive estate plan built on clear communication and understanding. Ensure that your children know where essential documents are stored and who to contact when the time comes. Consider creating a family mission statement to outline your values and provide guiding principles for your children.

Preparing your adult children for their inheritance is about more than just transferring money. It’s about passing on your values and ensuring that they’re ready to handle the responsibilities that come with it. If you would like to learn more about managing an inheritance, please visit our previous posts.

Reference: Fidelity (Jul. 26, 2024) “Preparing your children for their inheritance”

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Estate Planning is Critical for a Single Parent

August 15, 2024

Raising a child or children by yourself is challenging on many levels. Single parents have very little spare time or resources. Estate planning is critical for a single parent, even more than if another parent was involved, as discussed in a recent article from The News-Enterprise, “Single parents must be deliberate in estate planning.”

Two key decisions to be made with minor children are who to name in a will as their guardian, the person who will raise them if the parent dies or is incapacitated, and who will be in charge of their finances. If another biological parent is involved in their care, things can get complicated.

Whether or not the other parent will be named as a guardian who will take custody of the child(ren) depends on whether or not they have any legal custody of the children. If the parents were married at one time but the marriage ended after the child was born, there is likely to be a separation agreement addressing custody.

If both parents share custody, the surviving parent would take custody of the child. This is standard practice, regardless of who has primary custody.

But if the parents never married and no one pursued an order of paternity or entered a custody order recognizing the legal rights of the noncustodial parent, or if a parent has lost any legal rights to the child, the parent needs to name a guardian and an alternate guardian.

Even if there is a surviving parent, you’ll want to name at least one guardian and one contingent guardian. There are instances when the noncustodial parent prefers not to become the custodial parent, even if the child’s other parent has died. There are also cases where the noncustodial parent is not fit to raise a child, so having other potential guardians named is a better idea.

Separate from the guardianship issue is the decision of who should manage the assets left for the child. You have a right to name the person of your choice to oversee these funds, regardless of whether or not the other parent is living. In most cases, there are two general options:

Conservator: This is a court-appointed person who is responsible for any assets left outside of a trust or any income received by the child. The conservator can be the same person as the guardian, but it does not have to be the same.

Trustee: A best practice in estate planning for a child is to leave the property in trust to be distributed for specific purposes, like education, health care, and general support. Assets can be left in trust through a last will and testament or through a trust set up while the parent is living to benefit the child.

Estate planning is critical for a single parent. An estate planning attorney should be consulted to determine how best to structure planning when there is only one parent. This protects the child and gives the parent peace of mind. If you would like to learn more about planning as a single parent, please visit our previous posts.

Reference: The News-Enterprise (July 5, 2024) “Single parents must be deliberate in estate planning”

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Inheriting Foreign Assets is Complex

July 1, 2024

An inheritance is almost always a mixture of happiness and sadness. You’re grieving the loss of a loved one at the same time you’ve received a financial bequest. Inheriting foreign assets from someone who lives outside of the country or from a non-U.S. citizen makes matters complex, says this recent article, “U.S. Tax: 4 Tips For Americans Receiving A Foreign Inheritance,” from Forbes.

There are certain IRS reporting requirements to be aware of, in addition to knowing what taxes you’ll be responsible for. Here are four top issues.

If the deceased person was a former American citizen and met specific requirements as a “covered expatriate” or “CE,” anyone receiving an inheritance must pay the IRS 40% of the inheritance. An estate planning attorney with experience in CE inheritances can help avoid or minimize this admittedly high level of taxes.

Even if the inheritance is not taxable, it must be reported to the IRS by the American recipient. If it is found to have been unreported, a 25% penalty will be levied. Your estate planning attorney will know how to report the inheritance using IRS Form 3520.

Depending on the type of asset inherited, there may be other reporting obligations. The Foreign Account Tax Compliance Act (FATCA) requires IRS Form 8938 to be filed if the total value of foreign financial assets is more than a specific threshold. The annual thresholds are lower for citizens who live in the U.S. than for Americans living abroad.

The U.S. tax basis must be accurately valued and documented when inheriting a foreign asset. The basis of a foreign asset from a CE will be “stepped up” to its fair market value as of the decedent’s death date. However, there are many nuances to this, and in some situations, there is no step-up.

Inheriting foreign assets is complex and requires the guidance of an experienced estate planning attorney to avoid significant taxes and penalties. If you know you’ll be inheriting assets from a CE, speak with an estate planning attorney to figure out what to do before and after the inheritance. If you would like to learn more about inheriting assets, please visit our previous posts.

Reference: Forbes (June 3, 2024) “U.S. Tax: 4 Tips For Americans Receiving A Foreign Inheritance”

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Should You have an Irrevocable Trust?

June 20, 2024

You may have heard the terms “revocable trusts” and “irrevocable trusts.” Both are created to hold assets for different purposes. Which is right for you? Should you have an irrevocable trust? The differences are explained in a recent article from Kiplinger, “With Irrevocable Trusts, It’s All About Who Has Control.”

Both types of trusts are separate legal entities created through contracts. They name a trustee who is in charge of the trust and its assets. The trustee is a fiduciary, having a legal obligation to manage the assets in the trust for the beneficiaries. Depending on how the trust is structured, these are the people who will receive assets or income generated by the assets in the trust.

With the revocable trust, the grantor—the person who creates the trust—can be a trustee and maintain total control of the trust. They can change the terms of the trust, beneficiaries, and successor trustees at any time. In exchange for this level of control, however, come some downsides. The revocable trust doesn’t have the same level of protection as an irrevocable trust while the grantor is living.

The irrevocable trust trades control for benefits. The grantor of an irrevocable trust can’t change the trust once it’s been created, nor can they move assets in and out of the trust at will. Beneficiaries may not be changed either. However, when the irrevocable trust is properly created with an experienced estate planning attorney, they achieve many estate and tax goals.

Your estate planning attorney will be able to explain which irrevocable trust suits your situation, as there are many different kinds.

An irrevocable trust where the grantor is also the beneficiary is referred to as a Domestic Asset Protection Trust or DAPT. The grantor is allowed to be the beneficiary of the trust, but it has to be created in one of the 20 jurisdictions where the grantor is allowed to be the beneficiary. You can have a trust created in a jurisdiction other than your own.

The first step is to determine how to fund an irrevocable trust, where assets are transferred into the trust. There are fine points here. For instance, you can’t fund an irrevocable trust if there are issues with the IRS or the threat of litigation from a creditor. If the dispute goes to court, a judge can set aside the transfers into the trust as they were made with the intent to circumvent a creditor’s claim under fraudulent transfer laws.

If a trust seems like the right planning structure for your assets, discuss with your estate planning attorney if you should have an irrevocable trust. Decisions about naming trustees, successor trustees, beneficiaries, and funding sources should be discussed with an experienced estate planning attorney first. Creating irrevocable trusts, like much of estate planning, needs to be completed before issues arise. If you would like to learn more about different types of trusts, please visit our previous posts.

Reference: Kiplinger (April 28, 2024) “With Irrevocable Trusts, It’s All About Who Has Control”

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Category: Inheritance

Proper Estate Planning can Protect Couples with Big Age Gaps

Grandparents Raising Grandchildren need Specialized Estate Planning

How to Leave an Inheritance to Your Child but Not Their Spouse

Family Wealth Discussions are Critical to Proper Planning

Safeguarding Wealth is an Essential Strategy for Senior Women

Preparing Your Adult Children for Their Inheritance

Estate Planning is Critical for a Single Parent

Inheriting Foreign Assets is Complex

Should You have an Irrevocable Trust?

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