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The Personal and Financial Cost of Funerals

 

by Ron King

The funeral is a ceremony of proven worth and value for mourners. It provides an opportunity for all who share in the loss to express their love, respect and grief. It allows them to openly face the crisis that death may present. Through the funeral, the bereaved take that first step toward the emotional adjustment of their loss and start the healing process.

The cost to memorialize and bury a loved one has increased steadily in the past few decades, and survivors are often seeking donations and opting for less expensive options to honor the life of their loved ones.

When a loved one dies, money (moreover the cost of burial) is not a forethought. Once the initial shock of death has subsided, grief-stricken survivors realize that dying in America is expensive. The average funeral cost in the U.S. is about $6,500. With the added costs of cemetery, flowers and other expenses the total can easily reach $10,000. Grief, desires, obligations, and lack of direction can cause one to go into debt just to honor the dead.

As part of the many services we offer the public, we at Cooper, Adel, and Associates provide and answer to this dilemma that can affect all of us at some point. Through the use of tailored estate and burial pre-planning we can take the monetary burden off your loves ones so that they can focus on what is most important in the time of death…healing.

March Madness

 

By Attorney Elizabeth Durnell

March is my favorite month of the year. It is like Christmas and Thanksgiving wrapped up into one amazing “holiday”. There is one reason for all of my glee: the NCAA tournament. As a diehard Xavier Basketball fan, in the past this has been a time to watch my Muskies shine.

After months of hard work, prepping and planning, the teams learn their fate. Are they in or are they out?

Once the brackets are announced on Selection Sunday, people spend the next few days filling out their brackets. Some people spend hours upon hours researching the teams, their players and any streaks they have been on, before making their selections. Other people make more emotional selections, choosing “their” team to go all the way, even though they know this isn't really an option. Other people make even less informed selections, instead making their choices based on whose team colors they like better or whose mascot would win in a fight. It doesn't matter how you make your selections, it is just something fun to do and a way to bond with friends, coworkers or family members.

Then come the weeks of watching the games and sometimes hoping for an upset (unless it is my Muskies who would be upset). Most people carry their brackets with them, even if they are not normally basketball fans, because their competitive streaks come alive in March.

In the end for most people it doesn't matter who wins the championship, but it gave them something to do instead of focusing on the everyday stress in their lives.

However, once the tournament is over, you should get back to your real life and focus on getting your ducks in a row. Please call Cooper, Adel & Associates to schedule your free consultation.

Make Sure An Inheritance Doesn’t Harm Your Disabled Child

 

By Attorney Keith Stevens

Do you have a child who is receiving disability assistance from the government? If so, then you need to be aware that his or her disability benefit may be reduced or lost because of an inheritance. Some disability benefits, such as Supplemental Security Income (SSI), are awarded based on the recipient's assets or income, and there are rumblings in state and federal legislatures that more programs will be decided this way. This means that if your child has too much in the way of assets, then she will not qualify for assistance, even if she is completely unable to work. Leaving your child an inheritance outright can significantly boost her assets and disqualify her from government benefits.

But you don't have to choose between disqualifying your child from disability benefits or shrinking their inheritance. The attorneys at Cooper, Adel & Associates have developed ways of holding an inheritance where it cannot be considered in totaling assets for disability assistance. That means that your son or daughter would still be able to receive disability benefits while also being able to access to their inheritance. By working with an Elder Law attorney, you can ensure that your disabled child can get both her inheritance and the assistance she needs.

To Knit A Lifetime

 

By Melissa Reynard

 

Ok, so once again you’re probably wondering why I’m comparing something like knitting, to Estate Planning.  But really it makes sense.  We take a lot of care developing something that can be used when we knit, not to mention that all the stitches have to be in the right place, nothing dropped, or what we end up with is not what we wanted.  Estate planning is the same way.

 

Estate planning consists of many different things.  There are some people that wish to have a will, others trusts.  There are numerous financial accounts that can make developing a trust easier.  Medical and healthcare documents and Powers of Attorneys are also important.  But with all these different options, how does one follow a good pattern instead of having a jumbled mess?

 

With a good Elder Law Attorney, you can make sure that you don’t drop “stitches” when doing your Estate Planning.  You won’t miss out transferring cars to a trust or making sure that your healthcare decisions will have someone behind them that has your interests.  The Attorney is there to help you make sure that everything falls into place.  That you “cast on” your specific wishes and “knit” it into a plan that will work best for you.  And when it comes to “binding off” they can help your family with any questions or concerns they have.

 

Simple Scarf

 

Needed: Size Eleven Noodles and 150 yards of a bulky wool yarn.

 

Cast on 16 Stitches.

 

Rows 1-4:  Knit four, purl four, knit four, purl four.

Rows 5-8 purl four, knit four, purl four, knit four.

 

Repeat until scarf is the desired length and bind off. A fringe can be added by cutting equal lengths of yarn and tying to the ends of the scarf, unraveling for a fuzzy effect.

Protecting and Preserving Your Assets Is Not A Do It Yourself Activity!

 

 By Janet Fickle

Why do we insist on doing things ourselves? We have all done it. We try to fix the plumbing, washer, dryer, dishwasher and whatever else breaks. Some people are talented enough to be able to fix things and have them stay fixed. However, most of us end up calling the plumber, mechanic, electrician, heating & cooling or appliance repairman to fix what we thought we had fixed. This isn't a big problem most of the time, but when it comes to protecting your hard earned assets, it can be a disaster!  

Once you have passed away, you can't call someone to fix the mess you made trying to do it yourself. It is now left up to your family to get things taken care of at a time when they are already upset and distressed. The perfect time to get your financial affairs in order is when you are mentally and physically able to get everything taken care of. Go to people who are experts in this field.

Cooper, Adel & Associates is available to get you started on the right path to protecting your assets. They will help you from start to finish to get your family prepared to efficiently carry out your wishes.

Cooper, Adel & Associates can provide help in many areas. Some of these are: 

  • Developing estate planning documents, powers of attorney, wills & possibly trust. 
  • Analyzing planning and preparing estate and gift taxes. 
  • Assisting you or your family at the death of a loved one. 
  • Coordinating benefit options for veterans and their widows. 
  • Defining legal & asset protection strategies. 
  • Identifying solutions to avoid medical liens on your home or farm. 
  • Helping your family avoid probate costs and providing for the special needs of heirs. 
  • Recommending benefits to pay for care at home, assisted living or in a nursing home.

Don't delay taking care of something this important. Call now to begin your journey to protect and preserve your assets for those you love. Visit our website: www.CooperAndAdel.com or call 1-800-798-5297.

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.

Estate Planning: One time deal or ongoing relationship?

 

By Meredith Guard

 

I was speaking with my parents the other day, when the topic turned to my job at an elder law firm.  During that conversation, they admitted that the last time they considered their estate plan was when my older brother was born.  I think it is unquestionable that the needs of a couple quickly approaching their own retirement are undoubtedly different than the needs of a young couple just starting out, but they simply hadn’t considered it.

 

In many ways, I don’t think my parents are unusual.  Even for those that update their estate plan, viewing estate planning as something that you do once or twice in a lifetime can lead to missteps.  Every time you do something so small as open a new bank account or safety deposit box or something as large as buying a new home, steps may be required to make sure it is included in your planning.  

 

Now, this doesn’t mean that estate planning is something that should viewed as a hassle, a chore, or simply impossible.  Almost all the steps that have to be taken- naming beneficiaries or properly titling an account- are minor.  However, it highlights the fact that since your estate planning is ongoing, so should your relationship with the individual or firm that develops your estate plan, so that you can ask questions if you are ever unsure of the best steps to take to plan.  Visit the elder law attorneys at Cooper, Adel, & Associates and discuss developing an estate plan that works for your life.

Many find it hard to plan ahead as tax uncertainty looms

By Sandra Block USA TODAY 

This year, though, even veteran advisers are unable to offer much more than a shoulder to cry on.

Barring congressional action, the broad tax cuts adopted during the George W. Bush administration will expire at the end of the year, with the top income tax rate rising to 39.6%. Taxes on capital gains and dividends will also increase, the alternative minimum tax will spread like kudzu, and taxes on estates will soar. The marriage penalty will return, a lucrative tax credit for parents will be cut in half, and the payroll tax withheld from workers' paychecks will rise to 6.2% from 4.2%.

Any resolution to head off this battery of tax increases is unlikely to come until after the November presidential election. In the meantime, taxpayers are paralyzed, tax preparers and financial planners say.

Tax uncertainty "is holding back a lot of business investment," says William McBride, economist for the Tax Foundation, a non-profit that supports lower taxes. "Everyone, left, right and center, agrees that this is very damaging for businesses and individuals in their economic decision making."

Tiffany Washington, owner of Washington Accounting Services in Waldorf, Md., says the standoff about extending the payroll tax cut caused her to put off hiring another employee.

In December, Congress passed a two-month extension of the payroll tax cut, which added about $40 to the average worker's paycheck. Washington says she was concerned that a drop in take-home pay at the end of the two-month period could lead the new employee to leave for a higher-paying job.

In February, Congress agreed to extend the tax cut through 2012. By that time, Washington says, it was too late to train someone for the 2012 tax season.

One of Washington's three employees recently had to take a leave of absence for medical reasons, leaving her short-handed. That has forced Washington, who has owned the business for five years, to work 70 to 80 hours a week during tax season.

Washington has the advantage of knowing her way around the tax code. That's not the case with many self-employed and small-business owners who can't afford a chief financial officer to help them navigate the constantly changing tax laws, says Kristie Arslan, chief executive officer of the National Association for the Self-Employed.

With the tax code constantly in flux, she adds, "they don't know how to plan or what to do."

How tax uncertainty is affecting different groups of taxpayers:

Individuals

Currently, tax rates for ordinary taxable income range from 10% to 35%. If the Bush tax cuts expire, those rates will rise to 15% to 39.6%.

President Obama has proposed making the Bush tax cuts permanent for taxpayers with income of less than $200,000 ($250,000 for married couples). Congressional Republicans, who currently control the House, favor extending all the Bush tax cuts. The leading contenders in the Republican presidential primary favor reducing current tax rates on income.

Rates aren't the only wild card facing families, though. Other tax issues that are unresolved include:

The alternative minimum tax. The AMT, a parallel tax system that eliminates many popular deductions and credits, was originally designed to prevent high-income taxpayers from avoiding taxes. Because the tax was never indexed to inflation, the number of taxpayers forced to pay the tax has steadily grown.

Since 2001, Congress has prevented a jump in taxpayers subject to the AMT by adopting a temporary stopgap measure — known as a patch — every year. The current patch protects most taxpayers from paying the AMT on their 2011 taxes but doesn't extend into 2012. Without an extension, more than 31 million taxpayers will owe an average of $4,200 in additional taxes this year, according to the Tax Policy Center.

Tax extenders. In recent years, Congress has adopted a panoply of temporary tax deductions and credits targeted at homeowners, parents of college students, seniors and others. Lawmakers typically extend these tax breaks, but there's no guarantee it will happen this year.

According to H&R Block, 71 tax provisions, including deductions for college tuition, private mortgage insurance premiums and state sales taxes, expired on Dec. 31, 2011, and have yet to be renewed.

Tax provisions scheduled to disappear on Dec. 31, 2012, include the American Opportunity Tax Credit, which provides a credit of up to $2,500 per student for qualified college costs, a tax exclusion for forgiven mortgage debt, and a tax credit for employer-provided child care.

Investors

Unless Congress acts before Dec. 31, the maximum rate for long-term capital gains will rise to 20% from 15%. Stock dividends, currently taxed at a maximum of 15%, will be taxed as ordinary income, with a top tax rate of 39.6%.

Obama's 2013 budget proposes raising taxes on dividends to a maximum of 39.6% for the wealthiest investors. Wealthy investors would also pay a maximum of 20% on long-term capital gains. Most Republicans support extending the current rates on capital gains and dividends.

With the debate unlikely to be settled until after the election, some investors could feel compelled to sell toward the end of the year to lock in profits at historically low tax rates, analysts say.

An increase in taxes on capital gains and dividends won't affect the millions of investors who save in 401(k)s and other tax-deferred retirement plans, but it would affect those with taxable portfolios. "December could be a very ugly time for the stock market," McBride says.

Ordinarily, financial advisers recommend against allowing taxes to drive investment decisions, says Richard Kaplan, law professor at the University of Illinois College of Law. This year could be different, he says. "Fifteen percent is about as good as it's going to get," he says. "The only real question is how much higher it will be next year."

The desire to sell before tax rates rise won't be limited to stocks and mutual funds, says Lonnie Gary, an enrolled agent in Mountain View, Calif. Some of his clients have owned their homes for many years and could owe taxes when they sell, even with the $250,000 ($500,000 for married couples) capital gains exclusion for primary homes.

Seniors

Mitchell Adel, an elder law attorney with Cooper Adel in Centerburg, Ohio, works with several farm families who are, he says, "asset rich and cash poor." This year, planning their estates is a lot more complicated than figuring out which crops to plant.

The estate tax exemption is scheduled to shrink from $5 million to $1 million on Dec. 31. Inherited assets that exceed that amount will be taxed at a maximum rate of 55%, with a 5% surcharge on estates that exceed $10 million.

Obama has proposed returning to the law that was in place in 2009, with a $3.5 million exemption and a top tax rate of 45%. Other proposals pending in Congress would extend the current exemption or repeal estate taxes entirely.

Because there are broad philosophical differences between lawmakers on how estates should be taxed, uncertainty about this tax is perhaps even greater than questions about future income tax rates, according to an analysis by accounting firm KPMG.

That makes it difficult for farmers and other family-owned businesses to develop an estate plan, Adel says.

Some families, concerned that estate taxes will rise, will take advantage of the current $5 million gift tax exemption to shift assets to their children, which isn't always a wise move, he says. Parents may later regret giving up control of the business, and the children could face capital gains taxes when they sell, he says.

Uncertainty about future estate taxes also gives people who are uncomfortable with estate planning an excuse to procrastinate, says Forrest Williams, a financial planner in Virginia Beach.

"I think people are already in paralysis to some degree because they have to think about their own mortality and have to answer a lot of tough questions," he says. "This is giving them another excuse not to deal with it."

That can lead to catastrophic results, Williams says. Numerous family-owned businesses have been forced to close after the owner died without an estate plan, he says.

Williams says families can work with whatever exemption Congress comes up with, as long as it's for the long term. Temporary extensions give "nobody an opportunity to plan," he says.

Still, there's a good chance Congress will vote for another temporary extension at the end of the year, says Clint Stretch, tax principal for Deloitte Tax in Washington, D.C. Extending the tax cuts through 2013 would give lawmakers time to embark on a serious debate about reforming the tax code.

Tax analysts generally agree that Congress can't maintain current tax rates and prevent the AMT from spreading without reducing or eliminating some popular tax breaks.

"We're talking about a five- or six-week legislative session between the week after the election and Christmas," Stretch says. "That's a very short time to try to come to a fundamental agreement on something we've been arguing about for 12 years."

 

Ready for Surgery?

By Angie Miracle

My dad played competitive softball well into his early fifties.  As a matter of fact, some of my favorite memories growing up took place at ball diamonds spanning from southwestern Ohio to Zanesville.  Spending ten hour Saturdays at the ball field was as natural to our family as sitting down to dinner, and we loved it.  Dad started pitching for the Hamilton Indians, who are now the well-known West Side Little League of Hamilton, when he was eight years old.  He played hard as a kid, and played just as hard as an adult.  He endured broken bones, busted kneecaps, separated shoulders and pulled muscles.  And through it all…my dad played.  

 

Fast forward more than a few years, and my dad is now 67, and about to undergo total knee replacement surgery for the second time.  As he waits for the anesthetic to do its job, the question of “was it worth it?” will never enter his mind.  Playing ball is what he did then, and surgery is what he'll do now, and that's all there is to it.  The question of “are your healthcare documents in order?” is what I will ask him before he has this surgery, and I'll trust Cooper, Adel & Associates with the task of ensuring that they are.  

 

Love you dad!! 

 

Another Public Pension Fails

By Julian Guilfoyle

 

“I, however, place economy among the first and most important republican virtues, and public debt as the greatest of the dangers to be feared.”

 

-Thomas Jefferson

 

Several months back, I blogged about the failure of a public pension in the small town of Prichard, Alabama.  To view that blog, click here http://cooperelderlaw.com/planning/no-bailout-how-retirees-losing-their-pensions-all-across-country/ In that case, the town, after a third attempt at bankruptcy was denied, broke Alabama state law and literally stopped sending pension checks to retired public workers.  It was my opinion at the time that this was most likely the beginning of such problems, as all across the country, cities and states were becoming increasingly burdened by these pension funds.  A month after I wrote the blog, senate bill 5 was introduced as Ohio’s proposal to solve our pension shortfall.  While SB 5 inevitably met its’ defeat at the hands of Ohio voters, Ohio’s pension deficit remains an unresolved issue.  

 

Now comes Central Falls, Rhode Island, the smallest city in our nations’ smallest state.  Saddled with the same fundamental problems seen elsewhere, Central Falls has repeatedly failed to close a $46 million dollar gap between the benefits promised and the fund itself.  As I detailed in another blog, and yes I will stop shamelessly plugging my blogs after this, http://cooperelderlaw.com/asset-protection/public-pension-problems-persist/ the problem lies with how these pensions are funded.  As market returns have remained historically low over the past 12 years, government, at both the state and local levels, has refused to increase taxes or reduce benefits to cover this shortfall.  Unfortunately, the longer these pension funds are not addressed, the worse the problem becomes.  In the case of Central Falls, the pension fund drove the city all the way to Chapter 9 bankruptcy as detailed in this CBS News article (link below).  I’m sure you can guess the first program that was cut.  Luckily for retired public workers in Central Falls, they’ll still receive roughly half of their promised pension.  Their situation could be worse, they could have worked and retired in Prichard.  

 

Whether you are a public or private worker, retired or nearing retirement, planning for yourself and your family has never been more difficult and/or essential.  Make sure you are working with professionals who deal with these issues on a daily basis.  You wouldn’t make laying the foundation of your home a DIY project, don’t go through the stress of gambling on your retirement. 

 

http://www.cbsnews.com/8301-18563_162-57395072/as-cities-go-broke-pensions-are-slashed/



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