A Wall Street Journal article asked some tough questions about the availability of Medicaid nationwide. We realize that many local residents are understandably concerned about the program in our state–it is an essential lifeline for many seniors. The latest WSJ article suggest that some states are making it harder for individuals to receive Medicaid help to pay for long-term care costs–however, the "crack down" on Medicaid expenditures is advancing very differently in certain states. According to the Kaiser Family Foundation, Medicaid now accounts for about 40% of long-term care spending nationwide. The program is a joint state and federal effort…
Trusts fall into two basic categories: testamentary and inter vivos. A testamentary trust is one created by your will, and it does not come into existence until you die. In contrast, an inter vivos trust starts during your lifetime. You create it now and it exists during your life. There are two kinds of inter vivos trusts: revocable and irrevocable. Revocable Trusts Revocable trusts are often referred to as "living" trusts. With a revocable trust, the donor maintains complete control over the trust and may amend, revoke or terminate the trust at any time. This means that you, the donor,…
1. DEFINE YOUR GOALS: What do you want to happen to your assets in the event of your death or disability? If your beneficiaries predecease you, who are your alternate selections? How will your assets be distributed, and when will these distributions take place? Decisions on distribution of your estate assets should take into account the size of the estate, the ages and abilities of your children, and your personal desires. For example, a distribution to children over time might consist of 10 percent of the estate at age 18, 25 percent at age 21, 50 percent at age 24…
Estate planning is a financial process that can protect you and your family, and is a very important component of your overall financial planning. If you don’t have an up-to-date estate plan and you happen to get hurt or sick and cannot manage your financial affairs, the courts, through a guardianship, will appoint someone to manage them for you. The person they appoint might not be the one you would want to perform those tasks. Without an estate plan when you pass away, your affairs will be settled by default through a complex legal system called “probate.” The handling of…
Planning for assisted living costs should be at the top of your aging parent’s mind, or your mind. Because nursing home, assisted living, and adult day care costs are constantly increasing. As stated in the MetLife Mature Market Institute’s annual survey the cost of these types of long-term care have increased by 5.6 percent since the previous year. A private room in a nursing home averaged $87,000 a year and adult day programs cost $42,000 a year. Assisted living costs increase as your parents require additional care. Therefore, facilities can charge hundreds more a month for bathing, incontinence care, and…
Most people assume they will automatically inherit any assets their parents leave behind. However, without a will, “dying intestate”, those assets can be held in probate court and distributed according to Maryland law. Consequently, if you wish to eliminate potential issues, speak to an estate planning attorney about wills and trusts. Additionally, wills and trusts are important. However, naming people who should make your financial or medical decisions on your behalf should you become incapacitated, are the most important documents. Here are the three main documents we recommend: • Will: create a will as soon as you start acquiring assets…
It doesn’t take an experienced estate planner to say so, but “money is the root of all evil.” Unfortunately money bears with it the potential for good and bad ends alike. An experienced estate planner can help your loved ones lean to the positive when it comes to the inheritance you leave them. When it comes to trust money, and inheritances in general, you need to find a balance that will help your children become the people you know they can be. For some solid tips, check out this article and the 5 trust fund rules to help children. The…
So, you’ve created a trust to protect your loved ones. Did you name the right person as trustee? Likewise, perhaps you’ve just been asked to serve as trustee without a firm appreciation for what that means, or perhaps you’ve just figured it out. Question: Should the trust have a professional trustee? Whether you’re parent who’s set up a trust or you’re a named trustee, Special Needs Answers recently offered a couple of tests to determine if the trust has the right trustee and if a professional may be in order. Their advice, as you would imagine, is especially poignant in…
To follow in [Reverend Crummey’s] footsteps, set up a trust and have it buy a life insurance policy on your life. Someday when you die, the trust will receive the insurance proceeds and pay them out to the beneficiaries listed in your trust. When you’re looking to pass on significant assets, a trust is a powerful tool. Quality is important. While a “crummy” trust won’t cut it, a “Crummey” trust just might do the trick. Poor puns like this and more abound in a recent Forbes article about “Crummey trusts” I thought you might enjoy. A “Crummey trust” – so…
While planning for your estate addresses many concerns, likely providing your loved ones is at the top of the list. But what if you can fully trust your loved ones to use your gifts wisely and to take care of themselves responsibly? One common alternative is to cut those problem cases out of the will through disinheritance. Nevertheless, as a recent New York Times article points out, those problem cases are all the more reason to make proper estate plans to protect your legacy and to use the inheritance to promote positive change. Problem cases for inheritances aren’t all “problem”…
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