A person interested in conserving their assets and conveying them to the next generation may have heard of the concept of asset protection. You will find it is not as simple as giving your assets to the kids and hoping for the best. The tools used vary greatly and one should consider the least costly and most efficient process after evaluation of all the possible solutions. The difficulty is that asset protection can mean a lot of different processes and legal tools, some simple and some very complex. This is an area where expert advice is absolutely required.
The general rule is that your assets should be available to satisfy your expenses and payment of your creditors. In order to shield assets from creditor claims, it is necessary to anticipate and plan in advance the transfer of title to assets before the claims arise. Otherwise, the transferring party has likely engaged in a fraudulent conveyance, which a court can reverse. The various forms in which asset protection can arise might be as simple as incorporation of improvements into personal residential property, placing property in a limited liability company, forming a family limited partnership, creating a domestic asset protection trust, (which is an irrevocable trust), or creating an offshore trust, held in a foreign country.
The complexity and cost of such transactions varies greatly. The right choice takes into consideration many factors, including your age, health, trustee selection, potential beneficiaries, potential liability sources, and goals. When done well, the party creating an asset protection plan can rest knowing that their goal of preservation of property has been accomplished.
In Ohio and in addition to other rights, a surviving spouse has a number of basic rights available to them in a probate estate. The purpose of these legislated rights is to attempt to assure surviving spouses are not impoverished or that they have resources for necessities on the death of their husband or wife. Our legal system has generally memorialized these rights in Ohio Revised Code Section 2106. The rights include but are not limited to the following which I have listed in no certain order. A spouse has a right to two automobiles of limited value that are not specifically listed in the Last Will and Testament. He or she has a right to live in their home (aka “the mansion house”) for up to a year if it is not transferred or bequeathed to them otherwise. They have the right to purchase property from the deceased spouse’s estate. He or she has a right to an “allowance for support.” This allowance depends on the money available in the estate and other factors. Additionally, the survivor receives preferential treatment on appointment as the fiduciary to their spouse’s estate. If the surviving spouse wishes to exercise any of their rights, they have 5 months after the appointment of an executor or administrator of an estate to do so. The decision to make is whether they would like to elect to take under the will or to take against the will (which means exercising the rights listed above). Depending on the estate and situation, it may behoove a widow or widower to elect against a will if they were not adequately provided for in the will. Now one reality to watch out for is a situation where the surviving spouse is completely cut out of an estate by the late spouse. Sometimes this is unintentional or intentional and almost always because the late spouse received bad counsel from whoever they held as advisors. Your advisor should be an attorney who can explain the positive and negative ramifications of an estate plan. There are many, many non-attorneys in Ohio doing a disservice to citizens by looking (and sounding) sophisticated regarding estate planning but lacking the professional competence to advise on such heavy matters.
Pre-Need planning is a wonderful gift to those you love. As a rule of thumb, a pre-need funeral contract refers to the purchase of funeral goods and services before a person passes away. Why would someone want to pre-plan?
The pre-arrangement allows the person to speak directly to the funeral director about his or her own funeral wishes and preferences. By having pre-planning the service, the individual is providing significant relief to surviving family members from having to make decisions during a time of tumult and grieving in addition to relieving the survivors from a financial burden. Additionally, there is a Medicaid planning benefit to planning as well. Persons who currently qualify for Medicaid assistance or who anticipate qualifying may pre-pay their funerals without impacting their Medicaid eligibility. As this is an exempt purchase. The drawback to pre-planning is that the person is tying up the money.
Now there are really two types of pre-need contract: a guaranteed price contract and a non-guaranteed. In a guaranteed price contract the funeral home guarantees the funeral goods and services the planning person selects at the amount of money stated in the agreement. Which means there will be no need for additional payment later.selected for the amount of money stated in the contract. This means that you or your estate will not be required to pay any additional cost for the guaranteed items. The “non guaranteed contract” treats the amount paid for planning as a deposit against the final costs which is determined at the time of the actual funeral services provided.
If the contract does not guarantee the prices charged, the price of the funeral will be determined at the time the services and merchandise are provided. Any amount you pre-pay will be considered as a deposit to be applied toward the purchase price.
Some good questions to ask (in addition to your wishes) during your pre-planning session are:
* Where will the pre-need funds be deposited until they are needed?
* Will I receive verification from the financial institution that the prepaid funds have been deposited in the trust account?
* If the funds are used to purchase an insurance policy, will I receive verification that the policy has been purchased?
* What is covered by the price guarantee?
* Is the pre-need contract irrevocable or revocable?
* If the contract is revocable, how can I cancel the contract?
I have had to handle funeral arrangements for family, friends and client and can tell you. It is a marvelous relief to know a plan was already in place for our loved one.E
It has been part of the cycle of life to do certain things in season. As we enter the fall, we see the farmers gathering the harvest, the boats of summer being put in storage, our furnace filters being replaced, leaves being raked and a host of other “fall” action items. The holidays and family-gatherings are just around the corner.
Fall is a good time to also get your affairs in order so you can spend a comfortable, content winter by the fire or go south. And everyone has a best way to do that – some with simple account registration changes, others with wills and powers-of-attorney, and some with trust arrangements. Each family situation is different and what is a good fit for one might be too complex or too expensive for someone else.
Yes, trusts are great and the best tool in some situations, but don’t buy the sales pitch “You need a trust” until you meet with us, to explain where trusts work best and whether it fits your situation. A Corvette is a great, fun car to drive but try driving to work in one through the snow. When you have the right vehicle, you save money.
We can survive the winter that is coming but it will be much easier if we prepare now.
“Aging in Place” has become a preference I often hear from clients. It is usually shorthand for a fear of spending last days in an institution like a nursing home.
The reality, as shown by joint study done by an investment firm and AgeWave, shows many seniors have already moved or planned to move to a place they will own – a newer home with modern appliance, no steps, and much less maintenance, such as a condominium. And why are they moving? As reported by Caring Right At Home, a major supplier of home health care, many move to be closer to family (29%), reducing home expenses (26%) and because of changes in their health (17%).
It is not just “downsizing” but what I call “right sizing”, as people realize the large house with stairs and a lawn to maintain isn’t necessary after the kids have left. Because of modern medicine, we are living longer and tend to be more active – not just my grandparents sitting on the porch in a rocking chair. Why spend the time maintaining a home?
Regardless of location, the majority of seniors want long-term care in their home for as long as they are able, so watch for the continued growth of the home care agency. Since, in Ohio, licensing is not required, check out carefully the experience and customer satisfaction stats for any potential caregiver, or see us about making a family member that designated person. Live until you die!
Today, we mark the onset of a New Year. While we all get used to writing or typing 2015 and not 2014, this day presents us a fresh marker to number the days in our lives. We are stewards of our lessons going forward. One lesson I take from 2014, and all the years prior, is that failure is an inside job. In an era where no one takes personal responsibility for their actions, I have concluded that I am the best person to sell Me a bad idea. When a friend convinced me to play dodgeball in front of one of our large garage windows as a junior higher, I said, “Self, that is a great idea! You will have a lot of fun. Now where’s the ball?” You get the picture, and so you have been your best salesperson for many of those significant decisions in life.
This past year our law firm has helped bridge poor planning by “do-it-yourselfers” and peace for their families. In those instances, the planners may have received their bad planning ideas from the internet, a co-worker, a less than persnickety uncle, or a bank teller. However, the individual is the one who ultimately approved and took confidence in their bad idea.
In the spirit of a fresh start, let’s plan with a purpose and be ever leery of those bad ideas. If you need solid, well-constructed estate planning, contact our office. I have heard it said that “Ninety percent of all those who fail are not actually defeated. They simply quit.” You see, it is an inside job. Let 2015 be a year where you have been intentional in meeting goals for your marriage, your children, grandchildren, business, church, synagogue or work. Have a great year!
Today’s topic will continue a multi-part discussion of how we provide for our children if we’re not here to advise them and control the flow of money. Statistically, most of us will have elderly children when we pass on, but, for some, our passage occurs much sooner than we would have expected. SO…. What can we do that will bless our children and not create a curse?
I like the statement attributed to Warren Buffett (a billionaire) years ago about wealth and children. I don’t have the source but the story has been repeated at many planning conferences about how Mr. Buffett responded to the question of an interviewer about his plans for his own children. While not giving specifics, Mr. Buffett did respond by saying he had given enough to his children so “they can do something” but not enough so “they don’t have to do anything”. And, as it turns out now, Mr. Buffett has given most of his wealth to the Gates Foundation, which is a major sponsor of world health and nutrition programs. A wise man – he thinks like the British Incentive trusts do have a history in Europe of enduring for centuries, preserving family wealth, providing a comfortable standard of living for the current generation, and supporting charities. Simple American traditional trusts give income to a surviving spouse and then splits to the children upon a spouse’s death.
However, an incentive trust is more like a bank, which requires beneficiaries to propose how they will use the money – start a business, build a house, get an advanced degree, support a charity – and then the trustee, with some independence, determines if that is a worthwhile endeavor. In addition, many incentive trusts have a matching feature for earned income. For example, “Son, if you show me a W-2 for money you earned, your trustee will give you a match up to $xxxxx. If you don’t earn money, your distribution will be very limited.” Talk about an incentive! Or, “Son, if you earn a bachelor’s degree, the trustee will give you $xxxx. Or a master’s degree, $yyyy. Or, if you work as a missionary, your trustee will give you $zzzz/month.” Incentive trusts can show real creativity in their design and have a great beneficial effect for everyone.
We all face estate planning choices – treat the kids equally? Oldest in charge? But then we look at the talents and life situations of our kids and they aren’t all equal. Some have more kids (our grandchildren!) and some have more financial success. These decisions require thought and reflection.
We hare experienced in this area and would be glad to lead the discussion. Generally, well-made plans that are explained to children now avoids surprises and old jealously disputes later. Let’s talk.