Category Archives: Estate Planning

Common retirement planning mistakes made by seniors

By Roy Whited

This information was taken in part from a newsletter posted by Life Health Pro in November 2012. The content reminded me of certain issues that we see our clients facing almost every day.

Thinking only in terms of “me” and not “we”. At the death of the first spouse, the surviving spouse will lose a social security benefit, see a possible reduction in a pension income, and likely an increase in their tax bracket when going from a joint return to an individual return. Eighty percent of all men die married, while 80% of all women die single. Additionally, 75% of all women living in poverty were not poor before they were widowed. Early income and retirement planning decisions should be made with the survivor benefits in mind to ensure that both husband and wife are protected.

In addition to making the correct choice for income planning it is also very important to protect other assets such as the home. The home is many times one of the larger assets owned by a couple and can be used to create additional income if needed.

Remember, not all trusts are created equal. Not all trusts are designed to protect your home. In fact most are not designed to protect your home from being lost to the cost of your poor health.

Call the Cooper and Adel law firm and take advantage of a one hour free consultation to learn about how you can protect your home and other assets. 1-800-798-5297 

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

No Hanky Panky with Honey Boo Boo’s moola

 

By Meredith Gard

Reality TV stars aren't known for their scrupulous money management. But Mama June, matriarch of the clan starring in TLC's Here Comes Honey Boo Boo, is out to change that. According to People Magazine, the famous family is making approximately $20,000 an episode for the spinoff from the Toddlers and Tiaras franchise, and no one is going to to be able to accuse her of squandering it. They are still living on the income from from her husband's job as a contractor.

So where has the TLC money gone? Straight into trusts that Mama June set up for her four girls. That's right, the show isn't changing how the family lives, but changing the future for Honey Boo Boo, Pumpkin, Chubbs and Chickadee by creating trusts to hold the earnings until the girls are 21 or need the funds for their education.

The Honey Boo Boo family is just one example of how trusts can be a part of a sound money management plan that will help you prepare for, and safeguard against, the future. The experienced attorneys at Cooper, Adel & Associates can help put together a plan that protects you and your family. After all, as Mama June says, “I want my kids to look back and say, 'Mama played it smart.'”

Source:

http://www.usatoday.com/story/life/people/2013/01/08/honey-boo-boo-clans-reality-earnings-go-to-trust-fund/1818475/

 

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

What documents or activities could an estate planning strategy involve?

 

Answer:  In addition to the documents and products such as those listed in the preceding question, an estate plan may include the process of qualifying an individual to receive government benefits such as Social Security/Disability, SLMB, QMB, Passport, nursing home assistance, or Veterans Benefits.  The estate plan may also include directing individuals to ancillary senior services such as those that assist with paying bills, contractors who specialize in home maintenance, repairs to accommodate special medical needs, information about durable medical equipment, assisting individuals to apply for discount drug programs or assistance with Medicare or insurance claims.

 

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person's situation is different and requires an attorney to review the situation personally with you. No attorney-client relationship is created by this site. The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement. If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

What do you mean when you use the phrase “estate planning”?

 

Answer:  Perhaps the best way to understand what I mean by the phrase “estate planning”, is to define what estate planning is not.  Estate planning is not a product or a document.  For example, estate planning is not a will or living trust or a nursing home insurance policy or a power of attorney or an advanced medical directive or a Medigap insurance policy or a limited partnership or a corporation or a charitable remainder trust or a wealth replacement life insurance policy or a qualified personal residence trust or an irrevocable life insurance trust, etc.  The items in the above sentence represent products or documents.  They are not an estate planAn estate plan is a strategy which may involve some, many, or none of the above documents to preserve and protect your wealth.  The type of estate plan or strategy which is appropriate for you must be based on a comprehensive analysis of your family, health and financial situation by a qualified professional.  If you have not been involved in such a comprehensive professional analysis, you do not have an estate plan.

The 2013 Cost of Living Increase in Social Security

 

By Attorney Dan Vu

For those on a fixed income, any increase in Social Security payments comes as good news. So the fact that Social Security payments will increase by 1.7% as a result of the announced cost of living increase for 2013 is good news to many seniors. This is a drop from last year's increase and may only result in around $20 more a month for the average beneficiary. However, this is still better than the 2010 and 2011 increase of zero percent.

Unfortunately, it is also true that Medicare is expected to be increasing its premiums in 2013. Coincidentally, the Medicare premium increase is expected to be around $20 more a month. So the cost of living increase may very well be consumed by the ever growing cost of healthcare.

So is the cost of living increase actually good news? I think that depends on whether you think the cost of healthcare would go up regardless of the cost of living increase. If you look at it that way, then yes, it is good news that Social Security will be increased to help cover the rising cost of healthcare.

 

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

 

New Gifting Rules for 2013

 

By Attorney Ted Brown

The IRS recently announced that the annual gift exclusion amount will increase to $14,000 per person in 2013. This means that an individual can gift up to $14,000 per person without having to file a Federal Gift Tax return.

Gifting in excess of $14,000 does not necessarily mean that gift tax will be owed, it only means that the gift must be reported. Only when an individual exceeds the lifetime exclusion amount will gift tax be imposed. In 2013, the lifetime exclusion amount will decrease to $1 million dollars.

It is important to remember that gift tax rules only apply to the GIVER. The recipient of the gift is never taxed on the value of the gift they receive, regardless of the amount. They do not need report the gift as income on their taxes because it is not considered “income” within the meaning of I.R.C. Section 61.

 

A Bit About Deeds Part 1

 

By Keith Stevens

As an estate planning attorney, I deal with deeds on a pretty regular basis. I run into a couple issues on a fairly regular basis, so I thought I would share some of the information I find myself telling people on a regular basis. Here's the first part below:

  1. I don't have a copy of my deed!

I don't know what's going on, but I have a large number of clients who have never seen a copy of their deed. Maybe the title company never gave it to them after closing or maybe the bank never released it after the mortgage was paid, but whatever the reason it is surprising that such an important document is often a mystery to a property's owner.

If you want to see proof that you own your land, there are two potential solutions. Some counties in Ohio provide scanned versions of deeds through their auditor's or recorder's websites. While this is neat for some folks, the majority of counties in Ohio do not allow you to view deeds online. If you want a copy, you can instead go down to the county recorder's office in person and pay between 50¢ and $5 to get a photocopy of your deed. Don't worry about it not being an original, a photocopy is just as valid.

Because deeds are part of the public record, you can even ask to see deeds for properties that aren't yours, but remember that this is a truth that cuts both ways.

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

 

The Dangers of a “Simple” will

 

By Attorney Ted Brown

A question clients frequently ask is “do I have enough assets for a trust?” This question is usually followed by the statement “I just need a simple will.” The reality is that there is no dollar amount at which the need for a trust is triggered and there is no such thing as a “simple will.”

Take as an example, the estate of the legendary lead singer of The Doors, Jim Morrison. Morrison’s will bequeathed his entire estate to his girlfriend , Pamela Courson. In the event that she did not survive him, Morrison named his parents as contingent beneficiaries. Sounds simple enough. When Morrison died in 1971, his entire estate passed to Courson.

However, when she died a mere 3 years later, her entire estate, including everything she inherited from Morrison, passed to her parents. Morrison’s parents implored the legal system to remedy this obviously unjust result, but much to their dismay, the outcome fit perfectly within the letter of the law. His assets passed exactly as it was stated in his will; Courson survived him by more than 90 days and therefore everything was hers. What happened at her death was determined by her will, not Morrison’s.

Ironically, it was the very simplicity of Morrison’s will that led to years of complex litigation. When doing any sort of estate planning, it is very important to plan for even the most remote of contingencies. It is also a good idea to discuss this planning with a professional.

Not only can experienced Elder Law Attorney help prevent the type of unintended result that plagued Morrison’s estate, but they can also determine when a trust might be a beneficial option. In addition to avoiding the costs of probate, trusts can allow you to plan more precisely, to control your bequests even after the death of your secondary beneficiaries.  

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

 

Canning and Estate Planning for Success

 

Issue Two of the Domestic Estate Planning series by Melissa Reynard

 

So I’m sure there’s quite a few people who recognize the value of putting up your own food and making things last as much as possible.  Canning is a lost art in which plenty of new delicacies can be kept, all without using your refrigerator.  Ok, so your fridge doesn’t come into play when you are doing your Estate Planning but there’s still a lot of value in actually doing your Estate Planning.

 

So who does a lot of canning (and trust me this is important and ties in later)?  Why farmers of course!  All that delicious produce grown throughout the summer has got to go somewhere, and there’s only so many fresh apples, blueberries, and other wonderful things that a person can stuff into themselves which means you’ll have a surplus.  Hence the canning that has become a part of farmer’s lives.  And farmers generally have a farm.

 

If you’ve lived on a farm your whole life, made a good living, but maybe don’t have a lot in the bank it may surprise you that Estate Planning can still be for you.  After all, you have that farm and land and all the property that encompasses it and I bet you want to pass it along to your family.  Just like when grandma passed that super secret recipe for the family’s strawberry jelly, its a matter of memory, not just of finances.

 

It will surprise you to know that just because the farm has been in your family for generations, doesn’t mean it will stay that way.  If you were to enter a Nursing Home, and couldn’t afford your bills, a lien could be placed against the property and result in the land being passed out of the family.  So how do you stop this?  Our Elder Law Attorney’s may have the answer for you.  They can help you plan your estate so that land has the best chance of staying with your family.  Because after all, traditions and memories are important.

 

Apple Cinnamon Syrup

 

6 Cups Apple Juice

3 Cinnamon Sticks (or a tsp of ground Cinnamon)

5 Cups Sugar

4 Cups Water

3 Cups Corn Syrup

1/4 Cup Lemon Juice

 

In a large pot, combine apple juice and cinnamon and simmer for five minutes.  Set aside and in another pot, combine sugar and water and bring to a boil at 265*.  Add the apple juice and the corn syrup to the sugar mixture.  Boil for 5 Minutes.  If using cinnamon sticks, remove those now.  Stir in the lemon juice and fill hot jars leaving headspace.  Adjust in canner per directions.  Remember to add 5 minutes for every 1000 feet in altitude to normal processing time.  This should yield 6 pints.

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

 

WALK TO END ALZHEIMERS

Please join us

Saturday, October 20, 2012

Ohio Wesleyan Universaity, Selby Filed

Delaware, OH

 

Registration 8am

Walk 9am

You can register online at http://act.alz.org/delawareoh12

or call (614) 457-6003



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