Non-Probate Assets Are an Important Part of Your Plan

This article reminds us of how important it is to make sure you are naming your beneficiaries properly. Pay on death accounts or accounts with a death beneficiary are an important part of your estate plan. They are meant to pass property, such as life insurance proceeds, or retirement accounts, without the need to go through the probate court. But, since they are not governed by the court, you need to make sure that you are naming your beneficiaries properly.

For example, when I have a couple with young children, I normally recommend a living trust as the corner stone of the estate plan, so money can be managed for the children should the parents meet an early demise. But, for most young couples, their "wealth" will be held in pay on death accounts like life insurance. For the plan to work, the couples have to change their beneficiaries to the trust.

Likewise, it is important on major life events to change the beneficiaries of the accounts. Such events include a marriage, a divorce, a death in the family, or some similar event. It is a good idea to review the beneficiaries regularly to make sure your estate plan is working the way you intend it to work.

Young Families Need a Good Plan

Estate planning is not just for more established people, who want to direct who gets their money. Families with young children have special reasons to plan. Parents need to plan to make sure that their children are protected and cared for.

Your estate plan is not just about money. You can name whom you want to act as the guardian of your minor children should you meet an early demise. This avoids leaving the decision entirely to a judge who knows nothing about you. Your estate plan can include instructions to your child's guardian on how you would want your children raised, and what values are important to you.

For a young family, a good estate plan should also include a method to manage money until the child reaches an age when he or she can be more responsible. This is often done through a trust, which can act as the beneficiary for insurance policies and retirement accounts. You can appoint a trusted person to manage the money, and instruct that person to cooperate with your child's guardian.

Young families should contact an attorney early, and make sure that their children are protected.

Even Those With Less Than $1 Million Need to Plan

This article explains what estate planning is, and why even those without $1 million need to plan. For Virginia residents, anyone with more than $50,000 in assets needs to plan. I have seen estates worth around $100,000 incur over $10,000 in estate administration costs. Spending $2,000 or less to consult with a lawyer can save both the expense and the hassle.

Article on Why Women Need to Do Estate Planning

More and more of the clients coming to me to consult about estate planning are women, which I think is a good sign. Whether it's to plan after a divorce, to protect from the credit problems of a spouse, or just to make sure that minor children are protected in the event of something tragic, it is extremely important that women explore their options and take action. This article in Forbes is a good explanation of the importance of estate planning.

The 25 Documents You Need Before You Die

The 25 Documents You Need Before You Die

Rethinking Living Trusts

Personally, I tend to think living trusts are oversold. Some attorneys, looking for fees, try to talk all sorts of clients into creating a living trust when the trusts may not be necessary or even appropriate.

The main purpose of a living trust is to avoid probate. Probate is the court proceeding to make sure a person's debts are paid, and then the remaining property distributed to heirs and legatees.

But, it may not always be advisable to avoid probate.

For example, in Virginia, when the only probate asset a person has is real estate, a living trust may not be the right answer. That is because the real estate passes automatically upon filing the will. There will be a probate tax of $1 per every $1000 of value. But, even if you have a $600,000 house, that amounts to $600 in probate tax, as opposed to a few thousand dollars to set up a living trust.

On the other hand, if a person has any appreciable amount of assets other than real estate, a trust may actually make sense and save the estate some money. That is due to the exorbitant filing fees due as the probate process progresses.

Probate starts with the filing of the will and qualification of the executor. There are fees associated with this, as well as the probate tax. But, then, the executor will be required to file an inventory, setting forth the assets of the estate. On an estate worth less than $100,000, the filing fee in Fairfax County for the inventory is $166.

After the inventory, the estate is well advised to request a debts and demands hearing, which involves a newspaper notice. This process can add a cost of about $300.

Then, the executor must file accountings. In Fairfax County,a first accounting of an estate worth between $50,000 and $100,000 will incur a filing fee of $416.

When you add fees for a lawyer and an accountant to all of this, you could easily find that probate will cost over $6,000 even if the assets are worth less than $100,000. Given this analysis, a living trust to avoid probate may make sense.

Long Term Care Insurance

With modern medical science, the good news is that more people are living longer. The down side is that more people are requiring long-term care, such as nursing homes, for chronic illnesses. With the average nursing home cost in Northern Virginia at over $5,000 per month, those who find themselves in the need for long-term care are scrambling to find a way to pay for it.

One common solution is for the person to apply for Medicaid. This is a government-sponsored health insurance program for the needy. To qualify, a person’s medical expenses must be greater than his or her monthly income, and the person’s countable resources must be below $2,000 for a single person and $3,000 for a married couple.

However, the increased costs of medical services to the elderly has become a larger burden on the Government. The Government’s response has been to encourage more and more people to buy long-term care insurance. That is, an insurance policy to provide benefits when a person finds himself or herself in need of long-term care. Unfortunately, with some premiums reaching over $300 per month, people have been resistant to buy long-term care insurance.

In 2005, the Federal Government tried the “stick” approach to encouraging people to buy long-term care insurance. Congress passed the Deficit Reduction Act (“DRA”), which had a huge impact on Medicaid applicants. In order to qualify for Medicaid, a person cannot give resources away for nothing. The 2005 DRA changed the way that the period of ineligibility is calculated for those who do try to give assets away. It increased the look-back period to five years before the Medicaid application. Plus, the period of ineligibility ran from the date of the application, no matter when the uncompensated transfer took place in that five year look-back period.

In 2007, Virginia took a “carrot” approach, instituting the Long-Term Care Insurance Partnership. Now, in Virginia, if a person buys a qualified long-term care insurance policy, that person will be able to protect additional resources when qualifying for Medicaid. That is, for every dollar paid out under a qualifying insurance policy, the countable resource limit is increased by a dollar. For example, if a person receives $100,000 in insurance proceeds, then that person can protect an additional $100,000 as a non-countable resource when applying for Medicaid.

Purchasing long-term care insurance also has income tax advantages. If the policy is employer-provided, then any amount paid by the employer is not included in the employee’s income. Moreover, qualifying amounts paid by the employee will count toward the employee’s medical expense deduction. In 2009, for people under the age of 40, that amount was $320. For people between 41 and 50, the amount was $600. For people between the age of 51 and 60, the amount was $1190. For people between the age of 61 and 70, the amount was $3180. For people 71 and over, the amount was $3980.

Thus, there are advantages to purchasing long-term care insurance. You should discuss long-term care insurance as part of your estate plan, to protect your wealth from medical expenses. To find a plan that is right for you, talk with a qualified long-term insurance agent.