What Do You Do With Your Utah Estate If You Have No Heirs?

Medicare Knowledge: Keeping Up With The Changes

Medicare has published new rules spelling out the changes, and an education campaign aimed at healthcare providers began in January. But many healthcare providers haven’t grasped it, either.

As you may know, Medicare has recently undergone a big change affecting long-term care and the availability of skilled nursing or therapy. Namely, thousands are now eligible for Medicare benefits, but you might just have to point that out to care providers.

The slow transition to full adoption of the rules and new standards of care, as well as the continuing plight of those left in a lurch, is discussed in a recent Reuters article titled “New Medicare coverage of long-term care off to a rocky start.” As pointed out there, you or a loved one may be eligible for benefits, but may need to fight to receive the benefits.

Formerly, Medicare would only pay for skilled nursing or physical therapy sessions if there were signs of improvement. The trouble is that skilled nursing and therapy are not always about improvement but about maintenance, or even slowing a natural decline to keep a patient in a positive state.

The rules were challenged and the case of Jimmo v. Sebelius brought about relaxed rules, allowing such services for far broader classes of patients. Medicare communicates these kinds of changes directly to healthcare providers and not to beneficiaries. However, it seems many beneficiaries are having to figure it out for themselves and push institutions to adopt the changes. As a Medicare beneficiary, it may be important to know what the new rules mean and how to advocate for your care or the care of a loved one.

The original article offers some important resources like the Center for Medicare Advocacy, as well as the Medicare Rights Center. Each of these resources has some helpful guides and much more information on this and other relevant issues.

Reference: Reuters (April 29, 2014) “New Medicare coverage of long-term care off to a rocky start

Utah Inheritance Problems: Fighting Over “Stuff”

Dividing money is easy. But who gets Mom’s tea set?

When we hear about heirs fighting over an inheritance, most of us think about money as being the main issue. But money isn’t everything! How you split up priceless family artifacts and other physical goods can start or end fights before they happen. So how do you plan to fairly spread the relics and keep the peace?

Sure, there are many inheritance fights over dollars and cents. On the other hand, there are even more fights leading to protracted probate battles and just plain old hurt feelings over the disposition of physical goods, relics and family keepsakes. Unfortunately, it can be more difficult to plan for the disposition of these “things” in contrast to cash.

As you begin to think about your estate in this light and figuring out who wants what, consider the insights provided in a recent article in Consumer Reports, aptly titled “How to spare your heirs a battle over your estate.

Oftentimes, physical items are difficult to split up. For example, you can’t simply tear the painting in half, divide a book, or even realistically split a set of china. In the end, in order to end a debate about which direction an item will go, to one heir or the other, you have to write it out. A will is simply not enough, generally speaking. It is hard to capture the kind of detail needed. Consequently, the matter will go straight into probate.

Thankfully, Utah allows you to create a more informal writing to your will – a document that offers a list of “what” and “to whom”, and is far more easily updated. No one, however, can make the often tough distribution decisions and create the list for you.

This list is one of those many little tasks to take on as part of the overall plan, and one you must keep updating as you acquire or lose this or that asset or family heirloom. This is also a topic worth discussing with your heirs. That way you, and they, will know what things they may want. After all, with heirloom fights it is an emotional connection to an object at the heart of the matter rather than its intrinsic value. Remember, it’s not always about money, because money isn’t everything.

ReferenceConsumerReport.org (April 2014) “How to spare your heirs a battle over your estate

Will Your Utah Wealth Continue On? Avoiding “Shirtsleeves To Shirtsleeves”

To make that wealth last forever, you’re probably going to need future generations to replenish that wealth.

If you have wealth to pass on to the next generation, have you hoped that your wealth will continue on for generations to come? It’s a tough goal to have, considering you’ll be depending on the next generation to keep the wealth going instead of squandering it away. However grand your goals may be, there is a startling trend of inheritances that fail to lift up the family.

The startling trend of failed inheritances is known as “shirtsleeves to shirtsleeves”, and Reuters picked up on the issue in a recent article titled “How wealthy families blow their assets.”  It seems the kinds of problems that can arise within a family are multifaceted, but the numbers tell a similar story: inheritances have a failure rate at 90 percent by the third year.

There is no tried and true formula for a successful family inheritance from generation to generation. Nevertheless, there are some important thoughts to consider in your planning and in your conversations with your family. Managing wealth is about responsibility. Therefore, not only do you have to be thoughtful and responsible in your own giving, but you want to encourage and inculcate thoughtful responsibility throughout the family.

As the original article mentions, most heirs have a dubious understanding of how to manage an inheritance in the first place – how to use it and live with it, rather than grind it down. Fortunately, but this is a learnable skill.

So how will you teach your heirs and help ensure prosperity for your family, your heirs and even your heirs’ heirs? It’s a difficult challenge but a worthy goal.

Reference: Reuters (May 6, 2014) “How wealthy families blow their assets

A Strategic Plan For Gifting In Your Utah Estate Plan

Here are a few easy approaches that can reduce or avoid taxes, and are also effective wealth transfer techniques.

Gifting makes up one of the pillars of estate planning. Strategic gifting can mean all the difference between a plan for family wealth that works and a plan that doesn’t. Forbes recently offered a helpful list of strategies in an article titled “5 F A Strategic Plan For Gifting In Your Utah Estate Plan

amily Gifting Strategies.” This article brings some important techniques front and center.

While it is worth your time to read the entire article, here is a quick list of the five strategies offered:

  1. Make use of your full annual exclusion with a tax-wise gift every year.
  2. Start a Roth IRA with a younger heir.
  3. Pay college tuition or medical bills directly and escape the annual exclusion requirement.
  4. Gift appreciating assets, especially to heirs in lower tax brackets.
  5. Gift in the form of 529 plan contributions and remember those state income tax deductions.

Gifting with purpose can provide many ways to work legally in and around the tax code to strategically move family wealth. Nevertheless, you have to start early and plan carefully. A powerful estate plan can use such strategic gifting to move a great deal of wealth over several years rather than all at once. The best part? You get to be there to see your heirs make use of the gifts you give.

Reference: Forbes (May 8, 2014) “5 Family Gifting Strategies

Passing On A Prized Collection To Your Heirs in Utah

It may take some expert help to work out how to pass the pieces to your heirs. Parents’ collectibles can hold emotional meaning for adult children, and some collections carry financial value as well.

Estate planning is all about deciding how to dispose of your assets, but when it comes to assets, collections can be fairly problematic. After all, the reason it’s a “collection” is because the whole is worth something greater than the sum of its parts. You simply don’t have an unrelated list of items that you can just casually split up (or do you?). Kiplinger recently explored this challenge in an article titled “Leaving a Collection to Your Heirs.

The fundamental question is this: what is your hope for your collection? Does the collection live on, and if so, under who’s watch? You might want the collection to stay together or to stay in the family for generations. This commonly is the case when the items are family relics or antiques. In addition, collectible assets can raise other vexing issues like possible taxation or even legal difficulties (an exotic gun collection, for example).

Another big issue to resolve is whether your heirs even want the collection? You might not want to take this one lightly. In fact, it might be wise to bring your heirs together to talk about it first. Who knows, you might have an heir who would love to begin enjoying your collection right now. This can bring a twofer. You get to watch them take over stewardship of the collection and you can share in the fun together.

Take a good look at the original article if you have a collection and really take to heart the difficulties that can arise. To get it right you’ll want to carefully enter these collections into your overall plan, and if the collection is an especially important or valuable one, then you will want to be sure to address it with the aid of competent counsel.

Reference: Kiplinger (April 2014) “Leaving a Collection to Your Heirs

Care Choices For Elderly Loved Ones in Utah

How do I know what kind of caregiver my family member needs? How do I go about finding a home caregiver? What if I prefer to hire someone myself?

Choosing care for an elderly loved one can be challenging, as it requires much research and thought. Their needs will determine the type of care, as well as the costs involved. Recently, The New York Times had some useful perspective and helpful tips on this issue with an article titled “Tips for Choosing Care for an Aging or Ailing Family Member.

The range of needs an elderly loved one can develop, and for which you might seek aid, can run the gamut from simple to life-threatening, medical to cosmetic, and everything in between. Just as there’s not just one need, there certainly isn’t just one option out there for care. For instance, you might need someone to do basic housekeeping like cooking and cleaning. A hired homemaker can take care of these chores with gusto so long as no personal or medical care is needed. For a bit more, a home health aide can help with trickier needs like dressing and bathing assistance, but not actual medical care. And then once you get into the home healthcare arena, there are even more shades of care and ways of paying for such services.

For some tips and questions to ask when looking to match needs with the right service providers, be sure to read the original article. These types of services vary from state to state and community to community, but there are people out there with the information to help if you know enough to look for them.

Reference: The New York Times (May 2, 2014) “Tips for Choosing Care for an Aging or Ailing Family Member

Creating Inheritance Incentives For Utah Heirs

The vast majority of estate planning lawyers get requests for trusts that “motivate responsible behavior by the next generation,” said Los Angeles lawyer Jon Gallo, who presented an overview of the topic at the annual Heckerling Institute on Estate Planning.

If you are leaving behind an inheritance for the good of your young loved ones, you likely want to ensure that the inheritance will be a blessing and not a curse. Are they ready for the responsibility of having wealth? Or will they use it for “fun” to their own detriment? With careful planning you can make the inheritance itself provide the incentive to engage in good behaviors.

Incentivized inheritances offer you the chance to give the gift of possibilities and a secure future. Properly planned, such an inheritance can make your heirs pause to respect the inheritance and take responsibility for it. The Chicago Tribune looked into the topic in a recent article titled “Making sure your kids are trustworthy.

Basically, to incentivize an inheritance is to build certain conditions into it. Ideally these conditions offer an heir a chance to grow and take responsibility. Want the inheritance? First, finish college, or go volunteer, wait until you’re a certain age, or just uphold shared values in your life. These are the kinds of conditions you could set for an inheritance and ask your heirs to work for them. This can be done with a will, however, for greater effect consider a trust. Specifically, many find an “incentive trust” or the more hands-on “principle trust” to be a powerful tool.

If you’re going to ask your heirs to think, then you’re going to have to expect the same of yourself. Incentive plans take a careful hand and a special awareness of your heirs, their motives and their possibilities. You don’t want to accidentally reward the successful drug dealer and penalize the poor college professor, for example. Finally, when it comes to actually putting the words to paper it takes some careful drafting to get it right and think of all the options. If you want your heirs to learn and grow, then it is worth the time and treasure to work with competent counsel and with your loved ones directly to build the best plan.

Giving To A Graduate of a Utah School

When her son recently turned 18, Lisa Kirchenbauer and her husband had him sign papers to take control of an account for minors they had long ago set up as a college fund – which had grown to about $60,000. “What if I ran out and bought a car with it?” he asked.

It is graduation season, which means it is graduation gift-giving season. If you hope to mark your loved one’s accomplishment with a sizeable gift, then how do you ensure that such gift is not squandered?

To mark a milestone with a financial gift can be something of a carrot-and-stick opportunity. If that is the case, then the trick is to ensure that the gift encourages positive possibilities instead of some shiny mess with a new car smell. Reuters recently provided some advice on this timely topic in an article titled “Four ways to influence how new grads handle money.

In some ways, the advice for giving money to young adults does not hinge on the number of dollars involved. In fact, from $100 to $100 million, and however you slice it, the goal is to ensure a responsible use of the funds. Then again, with high-value gifts or full inheritances in the mix, there is that much more that can go wrong. Fortunately, there are more tools at your disposal to structure a successful gift.

The advice in the original article is well worth thinking about, whether your potential gift is imminent or not for another four years of high school, college, or an advanced degree. Knowing full well the value of an approaching milestone, it is the sort of thing you can begin to plan for well in advance and doing so in the midst of this advice can really make the best of your gift.

Reference: Reuters (May 14, 2014) “Four ways to influence how new grads handle money

Do It Yourself Estate Planning- Three Legal Mistakes When Planning for Your Utah Estate!

I think it’s important for people to understand the consequences of inattention to legal matters and of not involving an attorney. “Penny wise and pound foolish” can be a particularly compelling adage when dealing with legal matters.

More often than not, when an estate plan fails and litigation follows it is because the estate plan was not a good plan at all. Not understanding the legal consequences of your actions and cut-corners are liabilities not worth keeping on the books, as a growing body of case law goes to show. Do not let a your DIY estate plan haunt your estate, your assets or your family after you are gone.

When it comes to estate planning, the liability of legal mistakes and cut-corners has a special kind of edge to it since it is so often the family or your partners who end up feeling the burden or even winding up in litigation. What do these cases look like and what terrible mistakes have been made?

Forbes recently compiled a quick list of recent litigation and legal cautionary tales worth perusing in an article titled “Legal Mistakes That Haunt After Death: Three Cases.

Consider the following:

  • Selzer v. Dunn, or, ‘why you should always ensure that an entire plan is in writing and in place before you rely upon it.’ This was the case of two business partners who took out life insurance policies on one another ostensibly to fund a buy-sell agreement, but no buy-sell agreement was ever drafted. The family of the deceased was stuck with the shares to the company rather than the life insurance money intended to buy them out.
  • Aldrich v. Basile, or, ‘why DIY will writing and fill-in forms can get you into hot water.’ Here is the case where a do-it-yourself will writing kit could not properly account for state law, leading part of the family to argue the intent of a codicil to change the will was clear while the other half of the family argued it was unenforceable.
  • PHL Variable Insurance Company v. Bank of Utah, or, ‘why lying on legal documents is just a bad idea and maybe outright fraud.’ Here, the deceased had lied extensively on his life insurance application (inflating his value to at least ten times what could truthfully be underwritten) and naturally the discovery of this fact led the insurer to cancel the payout altogether by reason of fraud.

Sometimes it is obvious what can go wrong, and sometimes it just takes a practiced mind to understand the issues that can arise. Regardless, never is a simple (or grand) legal mistake a worthy gift to your inheritors. If it is important enough to plan, then it is important enough and even necessary to plan well.

Reference: Forbes (May 13, 2014) “Legal Mistakes That Haunt After Death: Three Cases