Category Archives: Asset Protection

What age should you start planning to protect your assets?

 

By Jessica Lopiccolo

I have been working with a client’s daughter, taking care of her father’s assets. He was 80 years old and in a nursing home receiving Medicaid benefits. He retained a Life Estate in his property, so when he passed away, the life interest that he held in his property was subject to Ohio’s Estate Recovery. Our attorneys are now negotiating with the State to reduce the amount that the daughter will have to pay in order to remove the lien from the property.

Even though this is not an ideal situation, the daughter has retained us and we are still able to help her. When I was meeting with her to gather information about her father, she asked the age when most of our clients come in to start protecting their assets from a nursing home situation. This individual was in her early 50s. She had already scheduled an appointment to meet with Attorney Cooper to get started.

There is no exact age when you must begin planning to protect your assets against a catastrophic healthcare situation – the sooner the better. If you want to make sure that your assets pass on to your family or friends, then you should call and schedule an appointment to get started. 

Special Child, Special Trust

 

By Angie Miracle

October 1, 2011 was a pretty big day for me. In one fell swoop I became a wife, a daughter-in-law, and a stepmother. The role as wife and daughter-in-law are pretty smooth, I chose a great family to marry into (I now have an uncle who was once the Key West arm-wrestling champion, and believe me, the stories only get better!). Having never been a mother before, the role as stepmother has been an adjustment, but a rewarding one.

My stepson is 8 years old. He is so creative and intelligent, and can be incredibly focused. Just last month he built a Lego structure that included over 3,000 pieces…all on his own…in two days. He stopped only to eat, sleep, and take his medication, which he takes six different kinds of throughout the day.

Tyler had an intestinal transplant when he was 14 months old, and because of this condition he is completely dependent upon those medications to survive. As you can imagine, healthcare costs are astronomical. Our family is fortunate to have wonderful insurance, however, when Tyler becomes an adult, he will never qualify for his own insurance plan. That is why a Special Needs Trust has been put in place for him. This trust is specifically designed so that Tyler's financial needs will be met as an adult. Without the added stress of financial concerns, he can focus simply on his health, which is the way it should be.

Should your family have special needs, Cooper, Adel & Associates can design such a trust for you. Please call us to learn more about a Special Needs Trust.             

Future Farmers

 

By Lori McBride

 

Farming has always been a way of life for many of my family.  From my Uncle who owned a expansive turkey operation, to my aunt who still, at the age of 85 along with her sons and grandsons,  run a dairy/livestock operation in central Ohio.  One thing was clear, they worked hard and were and continue to be good agricultural stewards of the land.  

 

It wasn't until I was in my early twenties, that I realized the “eco” friendly measures that were taken to ensure the best possible product to sell to consumers, while maintaining the integrity of the land.  Their families were practicing the organic methods long before it was “trendy”.  

 

A couple of concerns for many Ohio farmers are new government mandates that could possibly be implemented as they were in United Kingdom, thus presenting the problem, of rising cost increases not necessarily supported by the consumers.  Some farmers feel there is common ground that can be achieved to promote a healthy balance between the production process and consumers.

 

Another question farmers are asking themselves is how sustainable is food production for both large and small farms to the next generation?  Farming is still an important part of our family and to many Central Ohio families.  With the aging agricultural stewards of the land we must prepare for the sometimes unexpected illnesses to occur.  How do we ensure the future of the farms will be protected? The Ohio Estate Recovery law allows the government to place hidden liens on properties and farms should you or your spouse be faced with a required nursing home stay. This could put a financial burden on the younger generations of the operation.   With changing times it's important to review and update your existing legal documents to reflect the ever-changing times. 

 

For more information on how to preserve and protect your farm and other assets, please call 800-798-5297.

Late-in-life love

 

By Lori McBride

 

I recently read an article about a couple who now resides in Van Wert, Ohio, who found late-in-life love.  She is a resident of Van Wert, married for 35 years with 3 children, and widowed when her late husband died from Multiple Sclerosis.  He is a resident of Michigan, married for almost 40 years, with 4 children, and 9 grandchildren, and lost his wife to colon cancer.  Having experienced great loving relationships and going through the grieving process, both were eager to connect and find  love again.  They met on eHarmony, an online dating service, and that is where the love story began.  She was looking for a date, he was looking for a mate.  Soon after the courtship and blended family gatherings began, they discovered their match was truly a gift from heaven.    The gentleman placed an add in the local newspaper including a picture of his prospective wife which simply stated, “Will you marry me?”  He arrived that same day from Michigan and formally proposed to her in person.  

 

After a short stay in Michigan the couple returned to Ohio to help with her aging parents.  They currently help others struggling through the loss of a spouse in their GriefShare recovery group. 

 

One thing to remember if you find that a new relationship is for you, there are many questions to answer before you tie the knot. How will I ensure his/her children, will receive their inheritance as intended?  Seek a qualified Elder Law Attorney to make certain you have the proper documents in place to secure the wishes of the deceased spouse/parent for your children and grandchildren.  

 

Online dating services can be a helpful tool in finding love again and connect with people who share the same values and interests.  It's never too late to find love and protect yourself and loved ones by updating your documents to reflect the changing family dynamics.

Taking the right path

By Janet Fickle

 

Life is beautiful and should be cherished. Enjoy every moment as though it is your last. Take the right path and prepare for taking care of your financial planning to protect your assets. 

 

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.

 



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