Category Archives: Asset Protection

Winter Home

By Attorney Liz Durnell

 

When I was younger, my family and I went to Cocoa Beach, Florida every spring to visit my grandparents at their “Winter Home.”  My grandparents were always so tan and happy from days spent fishing or riding their beach cruisers on the beach.  I remember how great it was to go to the beach every day and visit the Ron Jon Surf Shop.  My favorite part of the trip was going to Sunrise Service on the beach for Easter, even though getting three small children up and ready at that hour couldn’t have been easy for my parents and grandparents!

 

Through my work at, I have seen many clients being forced to sell their “Winter Home” and thus, depriving themselves and their families of the enjoyment that I experienced in Florida every year.  However, I have learned, through my work with Cooper, Adel and Associates, that there are ways to protect your “Winter Home.”

 

Losing Your Grip?

 

By Dolly Wilkerson

 

Have you jumped the fence into Middle Age? We may grow wiser with years thanks to lessons we learn, but maybe not as quickly as we used to. Words and names flow to the tip of the tongue and then evaporate there at the most embarrassing moments. It’s frustrating and we all suffer from it, some more then others. A recent study called “Age of Reason” states that our mental sweet spot occurs at the average age of 53. 

 

Preparing for retirement is only a small part of the picture. You have to prepare for the unfortunate reality that at some point, your thinking is going to diminish and your ability to make sound decisions that affect you and your family will also suffer. It is only common sense that you begin the planning early and revisit it often.

 

Four steps that are recommended include:

  • Get your documents together: starting with a durable power of attorney (POA). Other documents should include an up to date will, health care POA, and current beneficiary forms just to name a few.
  • Know someone who can give you a second opinion: This could be a responsible adult child, a capable friend you’ve known for a long time, a trusted financial adviser, or an elder law attorney specializing in these matters.
  • Read the fine print: make sure the annuity or the financial instrument you are considering purchasing actually covers the long term care you are interested in. In a recent case in Westwood, NJ a daughter, whose father suffered from Alzheimer’s and was living in an assisted living facility tried to exercise the waiver on the annuity he owned. The insurance company turned her down citing that it waived fees only for those living in “nursing homes”.
  • Give your adviser a back door way of protecting you: Most advisers and elder law attorneys will ask for an “incapacity letter”. It allows the professional to alert a designated person if mental decline becomes apparent in the normal course of doing business.

 

The toughest part of all is knowing when to sound the alarm. Linda Patchett of Chapel Hill, NC, gets it right when she says “Within each person rages the tension between maintaining independence and self-hood and recognizing deficits”. Age 60, she says, is “a very good time to bring the issues of aging into sharper focus.”

 

Ref: AARP Magazine, January-February 2012, “Your Money / Financially Speaking / Sound the alarm if you’re not as mentally sharp as you once were” 

 

Asset Protection in a Chaotic World

 

By: Attorney Nathan Simpson

 

In my job as an Elder Law Attorney, I have the pleasure of seeing clients in three different offices: Sidney, Wilmington, and Monroe.  Because of this, I spend a lot of time on the road traveling between offices.  

 

On these long drives I mostly listen to the news on the radio.  Everyday I hear about chaotic financial markets, the European debt crisis, and pundits wondering when the next crash will come.  So many hard working Americans are struggling to get by, and many elderly persons are struggling to preserve what remains of the assets that they spent their whole lives working so hard to accumulate.  

 

It makes me glad that I work in a field that allows me to help clients preserve their assets.  Even with the news is full of stories about programs for seniors being slashed and markets coming down, taking average people with them, there are still ways that you can protect what you worked your lifetime to accumulate.  You can protect yourself against rising taxes and healthcare costs coming at the same time as declining markets.  By working with an Elder Law Attorney, you can create a plan that goes beyond simple wills, and is a life plan, to help protect you and your family from whatever comes your way. 

Public Pension Problems Persist

By Julian Guilfoyle

Always be nice to bankers.  Always be nice to pension fund managers.  Always be nice to the media.  In that order.  ~John Gotti

Public pension funds continue to experience difficulties maintaining themselves in this turbulent economy.  In a recent Wall Street Journal article titled “Pensions Wrestle With Return Rates”, writer Michael Corkery outlines another problem plaguing the public pension system.  The issue lies in how pension funds calculate their expected rate of return.  In the past, most pension funds assumed, on average, an 8% rate of return on the pension fund’s investment.  Though the market fluctuates, generally over the long term these funds were performing at that level.  Over the last ten years however, these pensions have fallen well short of their assumed rate of return leaving a gap between the promise made, and what can be delivered.

ohio estate planningPension funds are prepared, in theory, to deal with this shortfall.  When the market underperforms the assumed rate of return, public employees and taxpayers are responsible for contributing the difference.  This is because the rate of return determines the amount that must be contributed to these funds to assure they are solvent.  Prepared does not mean realistic.  This system is inherently flawed because it increasingly relies on its contributors as their own financial situations deteriorate.  Even worse, as our economy continues to struggle and unrest among our population grows, this system depends on politicians going back to their constituents and asking for a tax incre ase to protect the fund.  As increasing taxes is, and always will remain, unpopular, lawmakers are really limited in what they can do to correct the fund’s course.

Lost in all of this is the detriment it causes to our teachers, firefighters, policemen, and other public employees.  If it is politically and economically unviable to raise taxes, and the market cannot be counted on to return a necessary rate of return, pension fund managers are increasingly relied upon to deliver the impossible.  Their solution is to move these pension funds into more aggressive and risky investments.   Jeffrey Friedman, a senior market strategist at MF Global states in the article, “To target 8% means some aggressive trading.  Ten-year Treasurys are yielding around 2%, economists say we are headed for a double-dip, and house prices aren’t getting back to 2007 levels for the next decade, maybe.”

What is past is also prologue.  Back in 2002, as pension funds began to feel the decline created by the tragedies of 9/11, financial advisors approached pension fund managers pitching a novel new idea known as credit default swaps.  While this is a complex issue, these transactions basically relied on the belief and historical evidence that housing values would never decline and most mortgages would not go into default.  Essentially they promised high returns for what appeared to be safe investments.  No one ever expected these policies to be cashed in, and most did not in vision a scenario where there would be a run on the bank.  Just five years later when the housing bubble burst, pension funds were not exempt from the devastation further exasperating the shortfall.  Let us hope that as pension fund managers are forced to become more aggressive, they find a safer investment than our homes.

 

How Married Couples should Avoid Probate

By Attorney Dan Vu

As an Ohio Elder Law Attorney, I am glad to see more and more couples take the necessary steps to avoid the cost and hassle of probate court after their deaths. Most couples avoid probate by owning assets jointly with rights of survivorship. That means the asset is titled so that it will pass automatically to the surviving spouse upon the first death. Although I am glad to see this, I always urge couples to take the next step and finish what they started. Instead of protecting the asset from probate only when one spouse dies, I would urge them to consider taking additional steps to avoid probate if both of them pass away at the same time.

For example, if you own your home or car jointly with your spouse with rights of survivorship and you both pass away at the same time, your home and car will go through probate before being distributed by your Will to your children. A simple way to avoid the cost and hassle of probate for your children, even in this tough-to- imagine scenario, would be to establish a Living Trust. With a Living Trust, even if you both die at the same time, your children will receive the asset without having to endure the delay and cost of the probate process. Further, you have the option to choose a Trust whereby those same assets could be sheltered from applicable federal and state estate taxes, nursing home liens, or even from your children’s creditors.  Make sure you see a qualified elder law specialist to see how best to meet your needs.

 

Your duty to protect your assets

By Roy Whited

I recently read an article in the AAA Home & Away publication for September/October 2011 that I thought warranted repeating. Gayle Burke outlined your duties as a property owner should you have a claim on your property insurance.

“Your Duties in the Event of a Loss”

  • Estate Planning Attorney in OhioPromptly notify the insurance company or your agent.
  • Notify the police if the loss was by theft.
  • Notify your bank or credit-card company if the loss falls under the additional coverage section for credit cards or fund transfer cards.
  • Protect your property from further damage.  If you need to make reasonable and temporary repairs to protect the property, keep accurate records and receipts for the expenses.
  • Prepare an inventory of the damaged or lost person property.  The inventory should include a description and the quantity and value of each item, along with any available purchase receipts or related documents.
  • Make the damaged property available for inspection by the insurance company, provide the requested records and documents, and permit the insurer to make copies.
  • Complete a proof-of-loss statement that must be signed and sworn.

You have a duty to cooperate with the insurer in the claim investigation.  The adjuster assigned to your case can advise you about the things you need to do, and your insurance agent can offer guidance as well.

All that being said, I think it would be a natural extension to include in your duties or obligations to yourself and your loved ones to protect your real property as well as other assets from being lost to a different type of “loss”: the cost related to a long term health care need including a nursing home stay.  Consider this: if you are over age 65 there is about a 65% chance that you will spend sometime in a nursing home before you die.  Compare that to the chance your home will be destroyed by fire, which is less than 1%.  Doesn’t it seem logical that you should contact an Elder Law Attorney to find out more about how you can protect your home and your other assets?

 

Hoping Retirement Doesn’t Become a Joke

By Julian Guilfoyle

“A man is known by the company that keeps him on after retirement age.” Anon

Soon-to-be retirees have a plight worth empathizing.  The last ten years has brought them two devastating recessions, the first was marked by a national tragedy, the latter a housing crisis that threatened their front door itself. All too often they heard, “ It’s a recession when your neighbor loses his job; it’s a depression when you lose yours”.  Translated for today it must be, it’s a “bubble” when your neighbor loses their home, it’s a crisis when you lose yours.

I believe the housing crisis has further reaching implications that have yet to be seen.  For instance, imagine a soon-to-be-retiree who before the crisis invested a portion of their retirement to pay off their mortgage.  I know why they chose that route; it had always been a sound strategy to invest in your principal residence.  The thought was, at any point if one wished to downsize in retirement, they could, then reap the rewards of their homes’ gain in value.  At the very least, they thought, when we pass on we will have left an inheritance for our children.  Little could anyone realize that a few short years later their homes would be worth less than the mortgage they paid off.  It doesn’t end there.  As the crisis squeezed the value of their homes, the shock it caused to the market sent their IRA or other retirement vehicle back into the red.  Little do they realize that if either they or their spouse require public benefits because of a health care event as they age, all of their sacrifice could be lost to Ohio’s estate recovery program.

As the baby boomers retire, at a rate of ten thousand per day for the next nineteen years no less, it’s no secret that across our nation purses are tightening.  Retirees have watched their parents enjoy the stability of provided by Medicare and Social Security.  Now like the rest of us, they wonder if they will be able to depend on those entitlements as well.  The rules of the game have been changing too much as of late making it more difficult to make sound decisions.

Between long-term care, protecting and preserving their income and assets, and avoiding over-taxation, soon-to-be-retirees have much to think about. Call us for a free consultation to discuss your situation:  In a DIY world, don’t stay a soon-to-be uninformed retiree, get your ducks in a row and become an informed retiree.

Can your will be overturned? The case against multi-millionaire John E. Du Pont

By Kathy Cooper

As you grow older, you may decide to change the beneficiaries of your will or trust.  You may decide that a particular child is helping you more than others.  You may feel that your caregiver is more sensitive than your family and therefore deserves a part or all of your fortune.  You may find that your second wife is the real love of your life and you want her to have everything.  These are not necessarily bad or unusual reasons to change your will or trust, but you may run into some problems with your family if you do.

Think about the case of Mr. Du Pont who changed his will three months before his death. According to philly.com, his niece and nephew are challenging his will because they say he did not have the capacity to make that change.  According to this article, Mr. Du Pont, on various occasions, believed that he was the Dalai Lama, Jesus Christ and a Russian czar.  If these allegations are true, it’s not hard to believe that there was about whether he had the mental capacity to make that change – but what is the truth?  The courts are left to decide because Mr. Du Pont’s capacity to make the will at the time he made that change was not established.

Think about your situation, you’re not having problems like Mr. Du Pont – you’re still with it, you know who you are and where you are, so why worry if you decide to change your beneficiaries to recognize the kindness of a friend or the love of a new partner?  The worry is that your biological heirs and/or their spouses may have a different plan for your assets and they could challenge your wishes after your gone.  They might say that you did not have the “capacity” to change your will or trust.  It may be appropriate to ask an attorney to conduct a capacity evaluation to establish, to the greatest extent possible, that you are “of sound mind” to make the change. Interestingly, having the capacity to make a will or trust is not a medical issue, but rather it is a legal issue.

Consider having a capacity evaluation if you are changing beneficiaries from your biological heirs to others who are not related.  An elder law attorney can tell you if a capacity evaluation is appropriate in your situation.  An elder law attorney can provide this evaluation also help you understand the impact of your decision on your estate and nursing home planning.  Call our office for a free consultation about your specific situation.

 

Failure to (Estate) Plan is Planning to Fail Take a lesson from Elvis, JP Morgan, the Wrigley Family & Joe Robbie

By:  Shelley Rose

You may not be able to croon like Elvis, bank like JP Morgan or fly like Boeing, but you can do at least one thing better than them…create a successful Estate Plan!

When Elvis Presley died, Lisa Marie (his only child) must have sung the blues.  His estate was worth over $10 million but when he passed away, all that was left for the family was a little more than $2 million.  Sure, $2 million is a lot of money, but his heirs lost out on over 70 percent of his estate due to his lack of planning.

He is not he only person who failed to plan.  JP Morgan was one of the world’s wealthiest people.  However, when he died, he lost a whopping 69 percent of his estate!

The Wrigley family of chewing gum fame had to sell off “Wrigley Field” just to pay off the probate taxes.

Joe Robbie was a successful attorney who owned the Miami Dolphins.  Before he died, he also failed to plan.  His family had to sell the team to raise $45 million to pay the estate taxes.  Certainly that is not what Joe Robbie would have wanted.

It doesn’t matter if you are the richest of rich or, like most of us, just have enough to get by, we all need the protection of Estate Planning.

At Cooper, Adel & Associates our goal is protect your assets while you are living and to protect your assets AND your loved ones after you are gone.  Call our office for a FREE consultation at 1-800-798-5297.

How Do I Pay for Long Term Care?

By Jordan Myers

Many senior citizens and adults reaching retirement age have a lot on their minds. “How should I manage my money when exiting the work force?” “How can I protect my assets?” and “How can I get high-quality healthcare without spending every dollar that I’ve worked my entire life to earn?” The answers to these questions can be difficult to answer, but answering them and planning ahead can make a world of difference!

In today’s blog I would like to talk about a common misconception concerning long term care for seniors and how planning is key in preventing a financial disaster. Some seniors believe that once they reach age 65 they will be entitled to Medicare benefits that will cover their medical expenses. While Medicare and Medicare supplemental insurance will pay out for doctor visits and prescription medication, it will NOT pay for long-term care in a nursing home or assisted living facility. Under certain specific circumstances, Medicare can pay for up to 100 days in a facility if discharged from a hospital into the facility, but after that you would be responsible to pay for the duration of the stay.

Did you know that, according to AARP.org, approximately 70% of Americans age 65 and older will spend at least some of their lifetime in a nursing home? One in ten of those seniors will spend at least 5 years in a facility. The current Average Private Pay Rate (APPR) for nursing homes in Ohio is $6,023 per month. That is over $360,000 over a five-year period, and I am asking you to consider that is using only the average. Many facilities have costs that are much higher.

Now let’s talk about the alternative resource that is used to pay for long term care, which is Medicaid. In an article from the website MoneyForVets.com, Medicaid is described as a government program that “pays for long term care expenses primarily for nursing home care.  However, there are some exceptions where Medicaid will pay for home care or assisted living expenses.” The exceptions mentioned in the article refer to ‘Assisted Living Waiver” and a program called “Passport”.

Medicaid is a highly regulated program and can sometimes seem complicated. Many eligible seniors never receive the benefit because they simply never apply. While the program is invaluable to many seniors, applying on your own without understanding how the program works, or consulting an elder law professional, can have devastating consequences. That is why I am asking you to contact our office and schedule a free consultation to discuss your plans with an experienced elder law attorney.

Until next time! Remember, that it is better to look ahead with preparedness than to look back with regret.

 



Related Posts with Thumbnails

Blog subscribe via Email