Category: Financial Planning

Step 6: Looking to Legacy Planning to Address Future Needs of Family

How do you want to be remembered? People often view their legacy as a way of disseminating assets to charitable venues to be remembered as passionate and generous supporters. That is one aspect of a legacy.

But perhaps the most important legacy plan is how you want to be remembered by your family, friends and loved ones. If you do not develop an estate plan and communicate it with your loved ones, if you leave your financial accounts and investments in a state of disarray by not keeping files organized and beneficiaries updated, then you leave a huge burden behind when you pass away.

This may very well mar the fine memory your loved ones have for you. After all, having to manage a complex or messy estate over a long period of time could overwrite the previously fond memories they had for you. No one wants their legacy blemished by administrative chaos, so now is the time to get your financial house and estate plan in order. Don’t let the last memories of you be ones of aggravation and bitterness.

Repair and Strengthen Relationships

If you are estranged or have an uncomfortable relationship with someone close to you, do yourself and them a favor by rectifying the situation. This may take time, so begin the process during your pre-retirement planning phase. Remember, no one wants to die having said harsh last words or having not seen a loved one for a long time.

Make part of your plan a commitment to shore up relationships. You can start by making a list of people with whom you should contact, jotting down a few thoughts about what you want to communicate, and devising a plan for how to accomplish this. It might be a special weekend with each of your children, or inviting a long-lost sibling to take a vacation with you, or taking your spouse out to dinner and reiterating your love for one another. Remember, your legacy is about how you want to be remembered, so make some new memories to crowd out any poor ones.

First, Loved Ones; Then Philanthropy

Once your relationships are in good shape (which takes ongoing maintenance – it’s not a one-shot deal), turn your attention to your philanthropic legacy. This includes how you want to distribute your assets to both your family and the causes you care about.

The following are some key components of a legacy plan:

Wealth Transfer

Be sure that your estate plan efficiently communicates and transfers your assets to the appropriate heirs. It also should incorporate prudent tax planning so that your beneficiaries do not pay more in taxes than required. Remember, part of your legacy will be determined by how well you protect your assets, not just from taxes but also from creditors, divorce settlements, and other potential risks.

Education

Leaving a large sum to heirs can be overwhelming. It’s a good idea to help them learn about financial responsibility, wealth management and philanthropy. By helping them understand tactics about which assets to leave intact, which to transfer to other accounts and which they can liquidate for their own use – in a tax-proficient manner – is key to ensuring they’re ready to manage the legacy you pass on.

Charitable Giving

There is a range of sophisticated vehicles that allow you to maximize the long-term value of gifted assets to charitable and passion causes. For example, a donor-advised fund (DAF) enables you to donate cash or securities to a charity-sponsored fund and help direct where charitable grants are distributed. Another option is to set up a private foundation. This is a public 501(c)(3) organization that invests, manages, and distributes your donations to charities; however, this option is really only viable and cost-efficient if you have substantial assets (multi-millions) in your estate.

There are also trust vehicles designed to balance your philanthropic goals with leaving enough assets for your own living expenses and/or an inheritance for heirs. Fortunately, these also may enjoy tax benefits, such as an upfront tax deduction, removing assets from your taxable estate, or avoiding capital gains taxes on donated securities. Here are some examples:

• Charitable Lead Trust (CLT) – The charity of your choice receives trust income (fixed payment or fixed percentage) for a specified term/or your lifespan, after which the remainder goes either back to you or another trust beneficiary.
• Charitable Remainder Trust (CRT) – The trust distributes income to you or another beneficiary for a specified term or your lifespan, after which the remainder goes to a designated charity.
• Charitable Remainder Unitrust (CRUT) – The trust distributes a fixed percentage of its balance to you or a beneficiary for a specified term or your lifespan, after which the remainder goes to a designated charity.
• Charitable Remainder Annuity Trust (CRAT) – The trust distributes a fixed payment to you or a beneficiary for a specified term or your lifespan, after which the remainder goes to a designated charity.

Setting up a trust to meet a variety of goals is very complex. Be sure to work with an experienced and qualified estate planner to set this up or, again, your legacy could be tarnished if your estate is not disseminated as planned.

Step 5: Estate Plan

The value of an estate plan is twofold. Yes, you want to pass your assets on to heirs in a seamless and tax-efficient manner. But it is also a roadmap to help your heirs understand the full breadth of your assets, where they are located, and how they should be disseminated according to your wishes.

Two important components of your estate plan come into play before you pass away. The first is a Power of Attorney. This document appoints someone you trust – a relative, a friend or a custodial like a bank – to handle your finances on your behalf should you become incapacitated. The second is a Health Care Directive, in which you name someone to make medical decisions for you when you no longer can. To accompany this document, you also may want to complete a living will, generally a boilerplate form that lets medical providers know if you want to forgo life-saving procedures and treatments if you’re in a terminal condition, a coma or near the end of life. Also known as a DNR (do not resuscitate), this document dictates your wishes rather than placing the burden on someone else.

Write a Last Will and Testament

The more complex the estate, the more likely you will need an estate attorney to help you. However, in many cases, an individual can create a will on his own using state-provided forms. The most important thing to remember is that each state has its own requirements regarding wills, such as whether it can be handwritten or even digital and who and how it should be witnessed and possibly notarized. Every time you move to another state throughout your lifetime, you’ll need to update or replace your will to reflect your new home state’s rules.

Your will should name an executor or personal representative in charge of executing the will’s instructions. If you are not married and have minor children, you’ll need to name a guardian for them once you’re deceased. Note that while the age of majority is generally 18, this can vary by state or jurisdiction. Your will should instruct how your assets should be disseminated and to whom, including contingent beneficiaries (should your first choice die before you), and specifically name anyone whom you don’t want to receive proceeds. For example, without a will as a guide, a probate judge may decide that a step-brother should receive your assets instead of your best friend since he is technically a relative.

Be aware that the beneficiary designations on your accounts (e.g., bank, investment, insurance policies) supersede instructions in your will. For example, if you want your second wife to be the sole beneficiary of your assets but forget to change her as the beneficiary on your 401(k) account, your ex will get the payout. That’s the same for all of your accounts with a named beneficiary, so every time you remarry or experience other life-altering events, be sure to review your account beneficiaries and estate plan documents.

Also, make it easy for your executor to find the documents needed to liquidate and/or transfer assets. A simple way to do this is to keep a three-ring binder or file drawer that houses documents/statements for each of your assets, including banking and investment accounts, former and current employer retirement plans, life insurance policies, annuities, real estate property records, etc. If you have a home or property that needs to be sold with proceeds split among your heirs, you should keep records to help establish the property’s cost basis. This includes the sale price and closing expenses from when you purchased the home, as well as the cost of any major repairs or renovations (e.g., new roof, HVAC, additional rooms). When the house is sold, the amount of the sale price minus the cost basis will determine whether or not capital gains need to be paid. Note that taxes on property and investments will need to be paid before assets can be disseminated to your heirs.

Your will is designed to guide a probate judge so that your estate can be settled quickly. However, if you want your heirs to have access to your assets without being subject to probate, consider naming them as joint account owners on your bank and investment accounts as well as the deeds to your properties.

With larger or more complex estates, you might want to consider a trust. Estate planning trusts vary by the type of beneficiary, payout structure, and tax benefit. A trust avoids probate and can help minimize the tax burden on your accumulated assets. Bear in mind that there are dozens of different types of trusts for different circumstances, so it’s important to work with an experienced estate attorney to determine what works best for your situation.

Remember, your estate plan should be a living document that is reviewed and updated every few years to incorporate any new changes in your life, including marriage, children, divorce, and death.

Step 4: Putting Together a Health Plan

Planning for healthcare in retirement is a tricky business. Some hardcore smokers live past 100, while some hardcore exercise and fitness gurus drop dead in their sixties. You just don’t know – which is why you need a plan.

Medicare

Once you turn 65, Medicare is available to most Americans. The problem is deciding what type of Medicare plan to purchase. Here is an overview:

Medicare Part A – This plan covers hospital stays, skilled nursing, hospice and some home health services. It is free for eligible beneficiaries but caps some benefit coverage and requires a deductible for each inpatient hospital stay. When a hospital stay is longer than 60 days, you’re required to pay a per-day rate – and that can add up.

Medicare Part B – This plan does charge a premium, and you have to buy it in concert with Part A. Part B covers doctor visits, preventive care, screenings, treatments, and medical equipment. It does not cover dental, vision, or hearing care and only pays for procedures deemed medically necessary. This plan also features a much lower deductible than Part A, but beneficiaries are responsible for 20 percent of covered services after the deductible.

Collectively, Parts A and B are what’s known as Original Medicare.

Medicare Part C – This plan is more commonly known as Medicare Advantage (MA). It is a paid alternative that combines coverage from Part A and B, plus offers add-on options for drug coverage, dental, vision, long-term care, etc. Plans vary significantly by insurer and may include any combination of deductibles, copayments, and coinsurance.

Medicare Part D – This plan offers coverage for prescription drugs. It charges a premium determined by your income, and deductibles, copayments, and coinsurance vary by plan. You have the option to purchase a standalone Part D plan when you enroll in Original Medicare.

Medigap – Also known as a Medicare Supplement Plan, this policy is a good idea whether you go for Original Medicare or an MA plan. That’s because it offers coverage for a lot of the gaps in those plans that generate high out-of-pocket expenses, including deductibles and coinsurance.

Long-Term Care

Among Americans who live past age 64, more than two out of three (70 percent) will at some point need long-term care. Whether you hire paid caregivers or move into a long-term care (LTC) residence, the cost of services currently averages between $60,000 and $100,000 a year in the United States. One of the biggest determinants of cost depends on whether you can get by with limited hours of help a day or need full 24-hour care. Note that for those with mobility issues (i.e., they cannot get to and from the toilet by themselves), 24-hour care is more likely.

Long-term care insurance (LTCi) can help you pay for this type of care so that you don’t deplete your savings quickly. This is especially important for couples, in which one spouse may need to enter an LTC residence while the other lives at home, with all the expenses that it entails.

The best time to buy LTC insurance is while you’re still healthy, as it is medically underwritten. The “sweet spot” is around age 55, but anytime in your mid-50s to early 60s is ideal. In most cases, policies are more expensive for women than men because women tend to live longer.

Caveats to Consider

• Policies typically pay out a limited daily amount, which may not cover the full cost.
• Policies typically pay out only for a limited period (e.g., 3 to 7 years)
• A policy may have a lifetime amount cap

All this is to say that you may purchase a generous LTCi policy, but if you outlive its limits, you will need to use your own money to pay for caregiving and/or rely on Medicaid when you run out of funds.

Hybrid Insurance

The biggest risk to purchasing an LTC policy is that you may never need it. Some policies offer a form of premium return, but like most insurance policies, LTCi generally uses it or loses it. To avoid this scenario, another option is to purchase a life + LTC insurance plan – also known as a hybrid policy. It provides a certain amount of life insurance upon death. However, if you need long-term care before you pass away, the policy will allow you to tap that death benefit amount to pay for it. This allows you to use the coverage either for LTC or as a life insurance payout for your beneficiaries.

Plan For These Expenses Now

While everyone is usually thinking about how to pay for household expenses, travel excursions, or a second home in retirement – they often don’t think about a health plan. As you can see, Medicare doesn’t cover everything and those expenses can add up, especially for people who live a long time.

But if you start planning long before retirement, you can contribute to an earmarked account that builds over time and uses that money to pay for medical expenses. The Health Savings Account (HSA) requires enrollment in a high-deductible health plan, whether offered by an employer or purchased on your own. Contributions made to an HSA are tax-free (which reduces taxable income), and the funds can be invested for tax-free growth in a variety of investment options. Withdrawals are also tax-free as long as they are used to pay for eligible healthcare products and services.

Note that HSA proceeds are your money, no matter what. It differs from employer-sponsored accounts such as an HRA (health reimbursement account) or an FSA (flexible savings account) because you have only a limited time to use those funds – then they revert back to the employer. In other words, you can’t access that money once you retire.