Olivia K. Smith on Families & Seniors

A Comprehensive Estate Plan Can Give You Comfort in These Uncertain Times

January 17, 2022Filed Under: Estate Planning

The future is a big unknown for everyone. Significant uncertainty abounds as to the outcomes of US tax legislation proposals. Estate and gift tax exemptions may get cut in half or not, and whatever happens will likely affect all deaths and transfers of wealth after December 31, 2021. Whatever the outcome, there are still ways to legally reduce your estate and income taxes as part of asset protection in your estate planning.

Creating a strategic estate plan will take time and a great estate planning attorney who understands you, your business interests, and your family relationships. Do not overlook the importance of synergy among your family members in creating an effective estate tax strategy. Your children can be a strategically when passing assets before death, thus eliminating tax consequences to your overall estate.

The Importance of Tax Planning for Your Estate Plan

It is crucial to create a tax plan and estate plan together as they heavily influence each other. If you have a separate tax advisor, they need to coordinate with your estate planning attorney to avoid duplication of work effort and create a seamless strategy.

One of the most significant possible changes to tax legislation is a special income tax surcharge that will impact many existing trusts. Proposals currently target higher-income taxpayers with an additional five percent tax on income over ten million dollars, with an additional three percent tax on those above twenty-five million dollars. If these surcharge taxes take effect, it will change how many people structure their trusts like a credit shelter or create a family trust on the death of the first spouse.

The Value of a Trust in Your Estate Plan

It appears grantor trusts will remain taxable to the settlor; however, non-grantor trusts (complex trusts) generally pay their own taxes and will require close monitoring for regulation changes. A non-grantor trust pays taxes on all earned income; however, it receives a deduction for beneficiaries’ income (distributed net income). The cautionary tale is to stay tuned and act quickly on any legal changes.

Creating more than one scenario for your estate to remain flexible to tax law changes is key to implementing changes quickly. Bear in mind some of these proposals cite the date of enactment as the effective date for the rule; other proposals may be retroactive to the date they were brought forward to legislators. Options of action can include several provisions in your trust documents permitting you to change or modify the trusts. Some of these provisions can include:

A decanting provision that allows the trustee to decant into a new trust. However, some proposals may restrict decanting, which may supplant any state law rights permitting decanting.
Disclaimer provisions provide the right to designate a person as the primary beneficiary to disclaim all assets transferred into the trust; the disclaimer executes the assets to revert to the donor/settlor.
A provision that permits the trustee to disclaim. However, it could be a violation of the trustee’s fiduciary obligation to all beneficiaries.
A provision that allows a named person to turn off the grantor trust status assuring the ability to modify the trust’s income tax status if it proves advantageous in the light of the proposed harsh restrictions on grantor trusts.
You name a trust protector with authorization to change trustees, governing law, situs, administrative provisions, etc.
Give power to the trustee to divide the trusts to take different actions if it becomes useful.
Name a broad class of beneficiaries, including charities, which gives the trustee flexibility to include capital gains income and provide broad discretion or distribution of income and perhaps principal out of the trust.

There are other tactics to employ, but it is evident that the complex law governing trusts and the potential for changes need to be in the hands of a competent estate planning attorney.

You likely have worked hard throughout your lifetime to build generational wealth for your family. Proper estate planning is the way to ensure your assets will not see a dramatic reduction due to taxes. The time to plan and implement your legal strategies is now. Some of these proposals may become law. Proactively getting out in front of the changes is in your best interest. If you’d like to discuss your particular situation, please don’t hesitate to reach out. Please contact our Cincinnati office by calling us at 513-771-2444 with any questions.

How to Choose a Life-Saving Medical Alert Systems

January 10, 2022Filed Under: Senior Health and Wellness

Envision your parent is just being released from a long stay at the hospital. The care providers assure you that your parent will be fine returning home, but you still worry. How can you make sure your parent is safe at home?

A medical alert system is a device that can connect the user with help when activated, either at the press of a button or if a fall is detected. These devices can be life-saving in case of emergency and can give seniors independence, and their loved ones peace of mind. One might assume that a smartphone or digital assistant is sufficient, but unlike cell phones, medical alert systems stay on your body so that you always have access to it, and unlike Alexa and Google home, medical alerts can call 911. So if you do decide to buy a medical alert system, you’re going to want to choose a quality system; since you rely on them in times of emergency, you want to know it will work. But how do you choose?

Consumer Reports suggests answering three questions before choosing a medical system. The first is, do you want a home-based or mobile system? The answer depends on your lifestyle and preferences. The second question is, should your system be monitored or not? Consumer Reports only recommends monitored systems, which means that the call button connects you with someone at a 24/7 dispatching center, rather than automatically dialing a friend or family member from a programmed emergency call list. And finally, should you add a fall-detection feature? It’s a relatively inexpensive add-on ($15 or under per month), but the technology may not be perfect; it may register something as a fall that isn’t, such as stumbling or dropping your phone.

With these choices in mind, one might look at the systems Consumer Reports recommends, or those on The Senior List has a Recommended list. The Senior List makes its recommendations based on four criteria: (1) works as advertised or better, (2) customer service, (3) pricing, and (4) easy to cancel contracts. For 2020, their top 9 medical alert systems were Bay Alarm Medical, MobileHelp, Medical Guardian, Philips Lifeline, LifeFone, LifeStation, ResponseNow, QMedic, and Alert1. Consumer Reports also recommends Bay Alarm, LifeStation, Medical Guardian, MobileHelp, and Philips Lifeline, but they also recommend GreatCall Lively Mobile, Life Alert, Medical Alert, and Rescue Alert.

Bay Alarm is ranked best overall, at $19.95-$29.95 monthly cost (the lowest on this list!) and no equipment fees, with landline and cellular in-home options, a mobile option with 4G LTE coverage, and an in-car medical alert, among other features. The equipment is easy to install and its range of products are appropriate for various situations without being overwhelming. They don’t require long-term contracts, and they allow you to try it for 30-days risk-free.

MobileHelp is also consistently high quality, in terms of both equipment and customer service. They offer cellular in-home medical alert systems, mobile and GPS systems, and even jewelry or smartwatches. They offer extras like fall detection, medication reminders, and vital sign monitoring. Costs start at $19.95 monthly (with a one-time $49.95 fee for the in-home system, unless you choose an annual plan, in which case that fee is waived). They also have a deal to buy two systems, which is good for couples. They don’t require long-term contracts, and they offer flexible pricing plans.

Finally, before making your purchase, check return policies carefully, especially if you have hearing loss. Read more about The Senior List’s top medical alert systems, including the Medical Guardian, Philips Lifeline, LifeFone, LifeStation, ResponseNow, QMedic, and Alert1, here. Consumer Reports also covered medical alert systems, available here.

If you or a loved one is living at home with care, it is important to consult with an elder law professional to make sure a proper plan is in place that covers your loved one’s care needs and financial needs. We help families plan for the possibility of a loved one needing significant care and would be happy to talk to you about your particular situation. Please contact our Cincinnati office by calling us at 513-771-2444 with any questions.

Don’t Let Your Family Feud End up in Court

January 3, 2022Filed Under: Estate Planning

Family disagreements about a parent’s end-of-life care and inheritance can get so serious they may end up in a legal filing and court case. You can take steps moving beyond the possibility this might happen and create (or amend) your estate plan seeking to diffuse these potential issues before they become legal challenges.

Every situation is unique. Everybody’s family has a different mix of personalities, degrees of wants versus needs, and problem-solving skills. The American family system is more complex than ever, with a 2021 divorce rate hovering around 50 percent, divorces, remarriages, committed long-term partner relationships, biological children, stepchildren, and physical decentralization from other family members.

Fights occur in families that are rich and poor. It turns out the dollar amount is often irrelevant. Problems stem from mismatched expectations, including but not limited to:

Sibling rivalry – Tensions between siblings tend to boil over after the passing of a parent. This situation can be especially true when inheritable assets go to step-siblings. Grief often triggers reflection, and memories of clashes and disagreements never settled tend to present themselves in real-time. The settlement of your estate can become the battleground to settle the score of a long-time feud. Avoid the situation by appointing a professional fiduciary as your trustee. If you do not prefer this option, select a family member trustee with no stake in the rivalry to mitigate its effects.

The economic disparity among beneficiaries – Socio-economic imbalances of estate heirs can destabilize the entire process. A wealthier heir may afford to hold an inheritable asset, while less economically stable heirs may want to sell for immediate financial gain. The problem seems to become compounded by the number of inheritors. You can avoid these disputes by leaving specific instructions as to the preservation or sale of real property. You may opt for “cash-out” provisions that will pay the less financially stable heirs the value of their stake in the real property and allow the more financially stable heir to retain full ownership.

Co-trustees – Even family members with great relationships and the best of intentions can clash as to the administration of your estate. All it takes is two inheritors and one grandfather clock. Executors must move quickly and decisively to administer an estate because all inheritors are waiting for their share of the payout. Avoid this problem and name only one to administer your estate.

Beneficiary dependency or mental illness – Irrational behavior that becomes part of an already sensitive situation, like your death and the settlement of your estate, will slow progress and create ill will. Any history of psychological instability or substance abuse threatens to derail an orderly process. To avoid situations with chemical dependency, create contingencies for that heir to test clean for a specific time or establish a discretionary trust where a competent trustee handles access to assets on behalf of the addicted individual. In the case of mental illness, establish a special needs trust or build specific provisions into your base trust. This protection permits the beneficiary to qualify for government assistance and still receive trust disbursements.

Undue influence – End-of-life care for a parent usually falls to one person (often a sibling) handling most of the caretaking. The uneven workload and intimate daily contact can leave the caretaker believing they are entitled to more and coerce the parent to change documents to the caretaker’s benefit. Undue influence is more often than not a product of the other offsprings’ apathy. Prevention includes paying close attention to the increasing susceptibility of an aging parent and using digital means, audio-video cameras, digital monitors that track change in blood pressure et al., to identify parent stress and prevent caregiver coercion for personal gain.

Late marriage – Love knows no bounds. Late in life, marriages happen, and you can expect resentment of your new spouse by existing heirs, particularly in a blended family with children who are primarily, or only, on the settlor’s side. Divorces, remarriage, and deaths make updating your estate planning documents a must. Upon remarrying, it is essential to place assets in your trust or modify your existing trust and Will to clarify the division of assets.

Advance benefits to one heir and not others – If one of your children needs financial assistance now or another is starting a fledgling business, yet another might require a down payment for a first home or bailout money from suffocating college debt, you may opt to provide financial help. These scenarios are common but can strain relations during probate among heirs not receiving the same benefit. Avoid this situation by noting in your trust language which heir received an advancement to their inheritance and how to deduct that previously received amount from your estate assets. If you do not, some inheritors may receive a double payout, ruffling the feathers of other heirs.

Estrangement or disinheritance – Children and other potential heirs left out of inheritance typically have nothing to lose by challenging their exclusion. This situation becomes worse in the case of blended families and their complexities, particularly if the sidelined heir pairs the challenge with a secondary claim like undue influence. You can avoid this by keeping your trust updated. A more recent trust will include a more modern disinheritance clause covering changes in this area of law. Make sure you understand the specific language in your trust regarding disinheritance.

A carefully crafted estate plan that accounts for your heirs and potential relationship problems is the first step to reducing a legal challenge stemming from a family feud. An elder law estate planning attorney knows the problems that may crop up among family members and can address these issues using the appropriate legal entities with clear and specific language. Reducing the possibility of a legal challenge to your estate brings peace of mind to you and your future heirs. If you’d like to discuss your particular situation, please don’t hesitate to reach out. Please contact our Cincinnati office by calling us at 513-771-2444 with any questions.

A Guide for Understanding the Probate Process

December 27, 2021Filed Under: Elder Law, Estate Planning

The probate process involves authenticating the deceased individual’s will, assessing the assets, settling debts and taxes, and overseeing the allocation of the inheritance. After an asset-holder dies, the court will appoint a valid will’s executor to administer the probate process. In the absence of a will, the court will appoint a state administrator to handle probate. Probate law varies by state, but there are steps in the process that are common.

First, an executor is appointed and is normally the person named in the will. It is the executor’s responsibility to initiate the probate process. An executor can be a family member, a financial advisor, or any person the testator deemed capable of administering their estate. The executor files the will with the probate court, which initiates the probate process. A court officially appoints the executor as named in the will, giving the executor legal authority to act on the testator’s behalf.

The executor’s function is to locate and oversee all of the estate’s assets and to determine each asset’s value. The majority of the deceased’s assets are subject to the probate court, where the deceased lived at the time of their death. Real estate is an exception, and probate may extend to any county where the real estate is located.

The executor will pay any taxes and debts owed by the deceased from the estate. A notice of death is published and creditors are given a limited time to make claims against the estate for any money owed to them. If the executor rejects the claim, the creditor may take them to court, where a probate judge will determine the debt’s validity. The executor is responsible for filing the deceased’s final, personal income tax returns. The executor’s last task, via court authorization, is to distribute what remains of the estate to the beneficiaries.

Probate is required for any asset or account that does not have a joint owner or beneficiary named. If a joint owner or beneficiary is named then title changes automatically and probate becomes unnecessary.

If a person dies without a will, they are said to have died intestate. An estate can also be deemed instate if the will presented to the court is found to be invalid. The decedent’s assets of an intestate estate follow a similar probate process, beginning with the appointment of an administrator. An administrator functions like an executor, receiving all legal claims against the estate, paying outstanding debts, and the decedent’s taxes.

Administrators must also seek out legal heirs, including surviving spouses, parents, and children. The probate court will determine the distribution of the estate among its legal heirs. In the absence of any family or other heirs, remaining assets go to the state.

The more complex or contested an estate is, the longer the probate process can take to finalize. The longer the process, the higher the cost. Probate without a will typically costs more than probate with a valid will, but neither scenario is inexpensive. Probate court files an estate’s assets as a matter of public record, so if you want to keep your estate private, it is best to pursue other estate planning options such as a trust.

As estate planning attorneys, we can help you determine what planning tools are best for you. Contact us to schedule time for a private conversation to further determine how we can help. Please contact our Cincinnati office by calling us at 513-771-2444 with any questions.

A Comprehensive Estate Plan Can Give You Comfort in These Uncertain Times

The Importance of Tax Planning for Your Estate Plan

The Value of a Trust in Your Estate Plan

How to Choose a Life-Saving Medical Alert Systems

Don’t Let Your Family Feud End up in Court

A Guide for Understanding the Probate Process

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