Blending Families, Blending Finances. Who’s Your Beneficiary

All couples should have [a] talk [about] finances before they get married. But it’s especially important to cover all the bases when the union involves two previously established households with children and other complications, such as parents who may need financial or physical support as they age, or ex-spouses still in the financial picture.

You might say a family is simply greater than the sum of its parts. This calculus is no less true for a blended family, than for a traditional family. On the other hand, there are so many more parts, moving pieces, and (with childhood Christmas presents coming to mind) possible choking hazards.

Blended families, however loving, oftentimes have more than a few things to address when it comes to financial and estate planning.

Indeed, the challenges faced by the blended family are frequently discussed in professional financial and legal circles. In part, this is because blended families are the new normal. If your family is “blended,” then it is only prudent to consider any tips regarding common challenges you may face.

In that spirit, you will want to read a recent article from Daily Finance titled “Blended-Family Finance: Tips Every Modern ‘Brady Bunch’ Should Consider.

[Food for thought: we are coming up on 50 years since the Brady Bunch debut, and we are still learning family lessons from that show.]

While so much of “blended family” planning depends on your own unique blended family, it never hurts to learn from the experiences of others similarly situated. Here are some of the lessons gleaned and shared in the article:

  • Agree on roles and responsibilities.
  • Discuss your philosophies on saving, spending and investing.
  • Establish some mutual financial goals.
  • Protect your future.

In addition, you will want to read the pointers shared in the article when it comes to “taxes and estate planning.”  Remember it is imperative to discuss changing the beneficiary to your 401k, insurance policies, annuities and other financial instruments so that the “ex” doesn’t end up with these parts of your estate instead of your current spouse.

In the end, the only way to have a successful blended family is to plan appropriately once you are all in.

Reference: Daily Finance (November 5, 2013) “Blended-Family Finance: Tips Every Modern ‘Brady Bunch’ Should Consider

Of Wealth And Responsibility- Using the Dynasty Trust in Utah

There is a responsibility that comes with wealth, and it does not end at death. It starts with proper planning. Hence, here are some fundamental, effective strategies that advisors can put to use to prevent wealth from dissipating through generations.

We pass along our wealth to the younger generations for a variety of reasons. After all, we would like to ensure their wellbeing and happiness well after we are gone, perhaps for generations to come. Unfortunately, if the transfer is not handled thoughtfully, then a lifetime of work and thrift can disappear faster than the proverbial New York minute.

Thankfully, with the use of some powerful legal planning now, you can structure your wealth succession to preserve and protect the family wealth. The power of the trust planning is becoming more widely known, but it is also just as widely understood.

According to a recent Financial Advisor magazine article titled “Avoiding Wealth’s Death Spiral,” there are plenty of problems trust planning can help prevent.

For example, were you to make an “outright” gift or bequest to a particular family member, then the gift or bequest becomes available to the problems of that family member. Such problems include claims of creditors, civil suits, and the ubiquitous ex-spouses. The well-intentioned inheritance can simply drain away or be taken away with nothing left for other loved ones, present and future.

Depending on the wealth you have to transfer and your goals for your loved ones, present and future, a trust can be fashioned to make it all work. Indeed, you can have your custom-designed trust last from generation to generation (“perpetual” or “dynasty” trusts), name specific conditions for the release or investment of assets, and virtually any terms you can imagine.  Utah’s statutory “dynasty” trust is limited to a term of one-thousand (1,000) years.  The practical effect of this provision is to make the trust a virtual “perpetual” trust.

However drafted, the trust is inherently powerful because it separates the trust assets from the liabilities of your beneficiaries one and all, protecting and preserving the assets for your family. As the original article explains, trusts are legal tools that can integrate well into a family office arrangement or an overarching family wealth governance document.

The more there is to protect, the more planning that can and ought to be done to protect it from that unfortunate death spiral.

Reference: Financial Advisor (November 7, 2013) “Avoiding Wealth’s Death Spiral

Eleventh Hour Will Pivots- Opening Your Utah Plan to Challenge

When death grows near, the issue of a legacy can come into much sharper focus.

As their end of life becomes less abstract, people have a tendency to turn back and look over their old Last Will. Consequently, some of them decide to radically change their plans. What about your Last Will and Testament? While it is your Last Will, deathbed revisions can create dangerous challenges to your Last Will and overall estate plan if not accomplished correctly.

The Wall Street Journal considered this matter in a recent article titled “Changing a Will at the Last Minute.

As you can imagine, a Last Will is an important document. Not surprisingly, drafting a Last Will “on the fly” or redrafting one from the hospital bed raises the red flag. Since your Last Will expresses your final intentions in black and white, if there is any room to question the truth, seriousness, or sanity (yes, that is a big one) of your black and white intentions, then the entire plan can be thrown out. Many such deathbed changes to the will result in challenges especially when an heir in the previous will has been eliminated by the “deathbed” will.  Our experience in Utah has been that the deathbed will, if not thought out and properly implemented may result in a substantial cost to the estate in attorneys fees and costs necessary to defend the last minute changes.

Against this backdrop, pause for a moment of serious self-reflection before making any changes to your Last Will under circumstances that could attract greater scrutiny later. For example, ask yourself “why do I need to make this change now and not before?”

The simple truth, of course, is that your last-minute revision can be utterly intentional and utterly necessary. For one, our thoughts about life, family and charity likely become crystal clear when the end becomes real. There may be every reason in the world certain changes must be made now and not before. Then again, the legal environment changes constantly and sometimes the Last Will must be updated to save the family fortune from taxes or protect loved ones.

Bottom line: there has to be a seriousness and thoroughness to your planning even until the end. Last minute revisions to your Last Will might be required, but they must be done correctly or risk causing more harm than good.

In the end, successful estate planning at any stage means working closely with competent estate planning counsel, someone who has “seen it all.” This is not a “do-it-yourself project.” For that matter, proper planning now may lead you away from the need to annotate or change your Last Will later.

More Than Lipstick – Getting Your Utah Business Saleable

The last time I checked, the mortality rate continued to hover right around 100%, which means your business isn’t going to be yours forever. You’re going to sell it, shut it down, or pass it down a generation. An estimated 70% of businesses don’t have a family member capable or willing to assume responsibility. What are you doing to plan for the sale?

When it comes to planning for the future of the family business, do the hard math. Some day you are not going to be there to run it. It is just a matter of time, and there may simply be no family member there to step up to the task, which is something even further from your control. For many a business, and for the betterment of the family, this means a sale. So what are you doing to prepare the business for sale?

It is, indeed, a hard math, and not something that comes easy to most of us. Nor does selling the business you worked so hard to create. Nevertheless, when so much of the family wealth is locked into the business, be sure to consider proven, practical tips for preparing it for a sale. Remember, the Apples, the Facebooks, and the Twitter business of the world that go public and make the founders millions if not billions of dollars is the exception not the rule. Utah may be fertile ground for growing your business but you must be realistic about your expectations on the sale of your business.  The old Boy Scout motto of “be prepared”, is sound advice when selling your business.

To get you started, consider a recent Forbes article titled “10 Simple Tips To Make Your Business Acquirable.

The problem shared by most sales is that a business is only valuable if it is “acquirable.”  The 10 tips largely speak for themselves, but you will want to read the description of each in the original article.

Here they are:

  1. Check Your Ego
  2. Be Irrelevant [aka, do not personally be the “value” to the business]
  3. Become Known
  4. Develop Great Systems
  5. Clean Up the Financials
  6. Make a Profit
  7. Develop Reasonable Expectations
  8. Focus on Continuity
  9. Be Transparent
  10. Maintain Perspective

Remember: selling the business is crucial to your own retirement and the future of your family. Approach the process realistically and early.

Insurance – A Significant Tool in Planning for Your Unexpected Estate Issues in Utah

The easiest and most cost-effective way for most people to mitigate these risks is through insurance products, such as disability, life and long-term-care insurance. That may be common knowledge, but discomfort with the subjects and the complexity of insurance products prevent many people from obtaining necessary coverage in advance of a life-changing event.

To know and not to do is not yet to know. In other words, to know there is a risk, for example, and yet not to act upon that risk can leave disastrous holes in your retirement plan, your end-of-life care, or your estate itself. While it is not the only financial planning tool in the tool chest, many financial plans could benefit from an insurance to solve myriad risks.

The kinds of insurances we are “required” to buy help us with the minor bumps and scrapes in life and are sometimes easy to think about, shop for or ensure that we have adequate coverage. Auto and homeowners insurance, for example, come immediately to mind.

On the other hand, disability insurance, long-term care insurance and life insurance are another matter entirely. As USA Today points out in a recent article titled “Insurance is most ignored in financial planning,” these three insurances are all too often ignored, misunderstood and difficult to think about emotionally. Nevertheless, they are often essential.

Insurance is, quite literally, a product you purchase to solve a risk. It is peace of mind. Without fail, insurance is more cost effective than coping with a disaster. To become disabled, especially late in life, is to lose income that may be necessary for you and your loved ones. Disability insurance can mitigate this. Likewise, with the rising costs of medical care and seeming inevitability of requiring a good deal of elder care, long-term care insurance can step in when the medical needs are overwhelming. And finally, life insurance helps eliminate the risk your family faces without you and your income.

Each type of insurance is well worth your consideration, and each can be budgeted to fit within a comprehensive financial plan.

Reference: USA Today (November 10, 2013) “Insurance is most ignored in financial planning

Your Careless Planning Can Effect Your Utah Beneficiary’s Ability to Fund College

So often with estate planning, the legal issue is less complicated than the family dynamics at play.

We all intend for the inheritance we leave behind to be for good, not to cause problems. When planning for the good of loved ones who are minors, you may be focused on protecting and preserving their inheritance from squandering, divorces, lawsuits and bankruptcies. While you are at it, however, be sure you do not jeopardize their eligibility for college financial assistance in the process.

Sometimes too much inheritance all at once is a threat to moral development, it’s true, but sometimes a gift can threaten a college education by complicating financial aid.

As parents of the college-bound understand to a dizzying degree, financial aid is a difficult calculus of have and have not. It is often an entirely necessary salvation. Unfortunately, the types of income a parent or a student of a parent receive will have dramatic influences both on the availability of financial aid and the ease with which it is attained.

In other words, sometimes an inheritance can be a threat to financial aid and the college degree of a young person, especially if there are family issues at play.

Enter the story of “Robin” as relayed in a recent Forbes article titled “An Inheritance That Could Foul Financial Aid.” Truth be told, the story of Robin and the potential difficulties of her children with financial aid is as much a story of family disagreement as it is of grumpy institutional curmudgeonry. Nevertheless, it is worth considering Robin’s story of family disagreement and the details a FAFSA will sniff out, even if they are not available and true.

What is even more important is to understand that different assets, inheritances and gifts will have a serious effect on financial aid, taxation and/or financial viability for higher education. If your goal is to financially assist your loved ones through college, then there are some very specific types of gifts to consider without jeopardizing financial aid in the process.

Reference: Forbes (November 18, 2013) “An Inheritance That Could Foul Financial Aid

Planning A Special Inheritance For A Utah Special Beneficiary

If you are planning to leave assets to a child or other beneficiary with special needs, one of the first things you should consider is the use of a supplemental needs trust.

We plan our estates to ensure our loved ones will be okay after we are gone. If a loved one requires some type of assistance in dealing with disabilities such as physical, mental or psychological, then your estate planning needs some special planning itself. So what more should you do to ensure the happiness and well-being of your child with special needs?

Special planning is, of course, very much tied to the needs of your child with special needs and to the needs of the rest of your family. As you might imagine, such planning entails important tools, rules and guides. To get started, consider a recent article in The Slott Report titled “3 Tips When Planning for a Special Needs Child.

One of the keys to special needs planning is understanding how public assistance aid works and its sources. Generally, the two major sources are Supplemental Security Income (SSI) and Medicaid. Both programs are “needs-based.” In other words, eligibility to receive benefits is all about qualifying financially, preserving that qualification, and ensuring a painless transition (read: not getting caught in bureaucracy). The regulations dealing with qualifying for SSI and Medicaid are complex and require a special understanding on the part of the attorney doing the planning in order to navigate the requirements successfully.

Tip #1: Consider implementing the all-important Supplemental Needs Trust. Properly drafted and funded, this is a special trust designed to offer security and care, without endangering needs-based program benefits.

Tip #2: Plan ahead and plan carefully! These public assistance benefits may not be enough or offer as much security as you would want to ensure. In fact, you might want to find a way to leave more behind. Life insurance is an excellent option.

Tip #3: What’s the final tip? You need to plan for yourself, too, and for your entire estate. As important as your loved one with special needs is, you have to ensure that the rest of your plans work together, too. For example, make sure to plan for threats to your own financial security, like high long-term care costs in old age. Without proper planning now, all could be lost later. In the end, if there is no security for you, then there may be no future security for your loved ones.

The original article has a bit more to chew on, with some helpful pointers to get you moving in the right direction.

Reference: The Slott Report (November 20, 2013) “3 Tips When Planning for a Special Needs Child

Dealing With The Holiday “Skunks” /Salt Lake City Estate Planning

No one wants to talk about death, illness or divorce. Unfortunately, you may have to raise some unpleasant issues when you speak with family members over the holidays if you want to ensure a successful retirement.

The holidays have a wonderful way of bringing families together around the same table like no other time of the year. These get-togethers, however joyful, can be fragile on many levels. While we all know the old saw about avoiding arguments over religion and politics, there are other potential skunks that can spoil the festivities.

Unfortunately, some of these skunks are subjects that really do need to be addressed while the family is available for discussion.  Long-term care, however, is a subject for all members of the family.

For example, a recent article in DailyFinance is rather blunt: “Boomers Need to Talk About Long-Term Care.” Baby boomers are the forever young generation, or so it seemed. Facing the facts of aging can be tough for anyone. Nevertheless, no one has a greater vested interest in your long-term care needs than your family. If they must travel across the country to attend your holiday feast, how available will they be when you need assistance with the basic “activities of daily living”? Have you honestly come to grips with how you will pay for long-term care, let alone the logistics of such care?  On the other hand, if you are the child of a parent who is facing long-term care issues, and you are also faced with the continuing care of your own children, clarity of the issues facing your parent is paramount.

On the other hand, Jeff Brown wrote a recent article in Forbes in which he decries the notion of a formal multi-generational “family meeting” to hash out all kinds of unpleasant financial and estate planning matters. Appropriately, the article is titled “No Money Talk At The Holiday Table, Please.” Brown offers an alternative: his own indirect method of eliciting information and offering subtle, albeit unsolicited advice to family members on financial and legal matters.

Practically speaking, there is no better place to talk about important family financial and legal matters than when you are with family.  The holidays present a good opportunity for that discussion but require delicacy in order to avoid despoiling the family festivities.

Maybe you held your family meeting already, somewhere in between turkey and football. If you did not, well, then there are more holidays to come.

Is it time to have a talk with your loved ones?

Reference: DailyFinance (November 27, 2013) “Boomers Need to Talk About Long-Term Care

Forbes (November 26, 2013) “No Money Talk At The Holiday Table, Please

“Do Not Hospitalize”- the “Other” Directive

Families often think a “do not hospitalize” means “do not treat,” but that is not accurate. “What it means is, ‘We’ll do the best we can for you here in the nursing home, and if nature takes its course, then that’s all right,’” said Dr. John Culberson, an assistant professor of medicine at Baylor College of Medicine in Houston who has studied [“do not hospitalize”] directives.

Advanced medical directives are a tough subject. Why?  Because they mean making some tough choices.  Utah Advanced Health Care Directives deal with health care decisions when you are not able.   “Do not resuscitate” directives order health care providers to withhold measures to revive you when you are comatose.

For elderly loved ones in nursing homes, however, there is a very powerful tool found in a little known directive known as the “do not hospitalize” directive. Unfortunately, it also happens to be underused and misunderstood, as pointed out in recent article in The New Old Age Blog titled simply “A Misunderstood Directive.

Advanced directives, as you may well know, are your medical choices reduced to black and white. They are intended to speak for you when you cannot. “Do not hospitalize” does not mean you do not want to receive care. In fact, you can even spell out the circumstances when you really want to go the hospital!

Going to the hospital, however, is not always the best (or only) alternative across a spectrum of treatment scenarios. Hospitalization itself can be an intensely disorienting process, especially for patients with advanced dementia.  Little surprise, then, that more than half of all elderly patients with dementia who are transferred from the nursing home to a hospital and back will pass away within the following 18 months. Accordingly, hospitalization can be an unfortunate step in the care continuum.

In fact, hospitalization is oftentimes unnecessary. For example, most nursing home patients are sent to the hospital for respiratory infections, which is both avoidable and treatable in a nursing home setting without much trouble. On the other hand, the “do not hospitalize” directive can still provide that a broken bone or the replacement of a medical device can still trigger a hospital visit if you so stipulate.

While advanced directives do some important work, according to some the “do not hospitalize” directive can help assure more peaceful late-in-life care.

Reference: The New York Times – The New Old Age Blog (November 20, 2013) “A Misunderstood Directive

Bankruptcy And The Inherited IRA

The U.S. Supreme Court will hear a dispute in the bankruptcy of a small-town pizza shop owner, taking on a case that could dictate how inherited individual retirement accounts are treated in bankruptcy.

Is a retirement account that is “inherited” still a retirement account? This may sound like a rhetorical question, but it is currently one before the U.S. Supreme Court in the matter of Clark et ux. V. Rameker et al.The decision could have important ramifications for those who are looking to leave an IRA to their heirs – and NOT to the heirs and their creditors.

This issue was explored by Reuters in a recent article titled “U.S. high court to chart fate of inherited IRAs in bankruptcy.

You see, the Clarks inherited a $300,000 IRA and then went into bankruptcy to the tune of some $700,000. Consequently, when the bankruptcy trustee tried to include the IRA as an asset in the Bankruptcy estate, the Clarks cried foul. As a general rule, IRAs are exempt from many bankruptcy proceedings of the account of the retiree/owner. Some courts have upheld this protection even when the account is inherited by one who is not yet a retiree and is not the account owner, but still complies with the strict distribution requirements for inherited IRAs.

Other courts have been less favorable and now it is up to the highest court.

It may seem strange to think about bankruptcy when planning for the eventual distribution of your IRA to heirs. After all, leaving your heirs behind is one thing, but ensuring that they are protected is a still greater step.  The advice of counsel experienced in estate planning with IRA estate assets is paramount.

How will the Supreme Court determination affect you?  Briefs are scheduled for January 2014.  We will all hope for the decision of the Supreme Court in 2014.

Reference: Reuters (November 26, 2013) “U.S. high court to chart fate of inherited IRAs in bankruptcy