A Caregiver’s Financial Responsibilities

Key questions for you & your family to consider.

A labor of love may come to involve money issues. Providing eldercare to a parent, grandparent or relative is one of the noblest things you can do. It is a great responsibility, and over time it may also lead you and your family to reflect on some financial responsibilities. Here are some questions to consider.

Q: How will caregiving affect your own financial picture? Try to estimate a budget, either before you begin or after a representative interval of caregiving. How much of the elder’s finances will be devoted to care costs compared with your finances? If you are thinking about quitting a job to focus on eldercare, think about the resulting loss of income, the probable loss of your own health care coverage, and your prospects for reentering the workforce in the future.

Q: How much will “aging in place” cost? Growing old at home (rather than in a nursing home) has many advantages. Unfortunately, over time, the cost of care provided in the home can greatly exceed nursing home services. So you must weigh how long you can manage with home health aide services versus adult day care or nursing home care.

Q: How much do you know about your loved one’s financial life? Caring for a parent, grandparent or sibling may eventually mean making financial decisions on their behalf. So you may have a learning curve ahead of you. Specifically, you may have to learn, if you don’t already know:

– Where your loved one’s income comes from (SSI, pensions, investments, etc.)

– Where wills, deeds and trust documents are located

– Who the beneficiaries are on various policies and accounts

– Who has advised your loved one about financial matters in the past (financial consultants, CPAs, insurance agents, etc.)

– Assorted PIN numbers for accounts and of course Social Security numbers

Q: Is it time for a power of attorney? If a loved one has been diagnosed with Alzheimer’s or any form of disease which will eventually impair judgment, a power of attorney will likely be needed in the future. In fact, if you try to handle money matters for another person without a valid power of attorney, the financial institution involved could reject your efforts.1

When a power of attorney is in effect, it authorizes an “agent” or “attorney-in-fact” to handle financial transactions for another person. A durable power of attorney lets you handle the financial matters of another person immediately. A springing power of attorney only lets you do this after a medical diagnosis confirms a person’s mental incompetence. (As no doctor wants a lawsuit, such diagnoses are harder to obtain than you might think.)1

You want to obtain a power of attorney before your loved one is unable to make financial decisions. Many investment firms will only permit a second party access to an account owner’s invested assets if the original account owner signs a form allowing it. Copies of the durable power of attorney should be sent to any financial institution at which your parents have accounts or policies. Whoever becomes the agent should be given a certified copy of the power of attorney and be told where the original document is located.2

Q: Is it time for a conservatorship? A conservatorship gives a guardian the control to manage the assets and financial affairs of a “protected” person. If a loved one becomes incapacitated, a conservator can assume control of some or all of the protected party’s income and assets if a probate court allows.3

To create a conservatorship, you must either request or petition a probate court, preferably with assistance from a family law attorney. A probate court will only grant conservatorship after interviews and background check on the proposed conservator and only after documentation is provided to the court showing financial and mental incompetence on the part of the individual to be protected.3

A conservatorship implies more vigilance than a power of attorney. With a power of attorney, there is no ongoing accountability to a court of law. (The same goes for a living trust.) There is little to prevent an attorney-in-fact from abusing or neglecting the protected person. On the other hand, a conservator must report an ongoing accounting to the probate court.4

Q: If a trust is created, who will serve as trustee? As some carereceivers acknowledge their physical and mental decline, they decide to transfer ownership of certain assets from themselves to a revocable or irrevocable trust. A settlor (or grantor) creates a trust, a trustee manages it and the assets go to one or more beneficiaries. (The trustee can be a relative; it can also be a bank or an attorney, for that matter.) At the settlor’s death, the trustee distributes the settlor’s assets according to the instructions written in the trust document. Probate of the trust assets is avoided – so long as the assets have been transferred into the trust during the settlor’s lifetime.4

A trustee has a fiduciary responsibility to watch over the financial legacy of the settlor. Practically speaking, a trustee needs to have sufficient financial literacy to understand tax law, the managing of investments and the long-range goals noted in the trust document. Some families consider all this and opt to manage trusts themselves; others seek the services of financial professionals.

If the carereceiver has a living trust or another form of trust already, you may still need a power of attorney as percentages of his or her assets or income may not end up in the trust. (There is nothing from preventing a trustee from also being the agent in a power of attorney.) Additionally, while a living trust is essentially a will substitute, you will still need a pour-over will to supplement it. That is because in all probability, some of the settlor’s assets won’t be transferred into the trust during his or her lifetime. A pour-over will is the legal mechanism that “pours” those stray assets into the trust when the settlor passes away. If 100% of the settlor’s assets are transferred into the trust during the settlor’s lifetime, a pour-over will becomes superfluous.4

Q: Finally, do you understand the potential for liability? As a caregiver, you have a physical, psychological and legal duty to the carereceiver. If you neglect that duty, you could be held liable as many states have laws demanding that caregiving meets certain standards.

These laws are basically similar: a caregiver must not abuse the carereceiver in any conceivable way, and any incidents of such abuse must be reported (there are often state and local “hotlines” set up for this). The elder must have adequate nutrition, clothing and bedding, and the environment must be clean and not pose health hazards.

If you have obtained a power of attorney for finances, then appropriate amounts of the elder’s money must be spent on necessary health services and other services on behalf of his/her well-being. Failure to do so could be interpreted in court as a form of abuse or neglect.

When abuse and neglect occur, they may have roots in caregiver burnout – the caregiver is constantly cross and irritable with the carereceiver, or stress defines the experience, or an overwhelming sense of duty or anxiety prevents the caregiver from having a life of his/her own. If you ever feel you are approaching this point, it is time to call for assistance or to assign caregiving to professionals.

Useful URLs. Some good websites can help you connect to great resources: try the U.S. Administration on Aging’s Eldercare Locator (eldercare.gov), the National Council on Aging’s online benefits checklist service (benefitscheckup.org) and the National Association of Area Agencies on Aging (n4a.org/about-n4a/?fa=aaa-title-VI).5

This material was prepared by MarketingLibrary.Net Inc., and does not necessarily represent the views of the presenting party, nor their affiliates. All information is believed to be from reliable sources; however we make no representation as to its completeness or accuracy. Please note – investing involves risk, and past performance is no guarantee of future results. The publisher is not engaged in rendering legal, accounting or other professional services. If assistance is needed, the reader is advised to engage the services of a competent professional. This information should not be construed as investment, tax or legal advice and may not be relied on for the purpose of avoiding any Federal tax penalty. This is neither a solicitation nor recommendation to purchase or sell any investment or insurance product or service, and should not be relied upon as such. All indices are unmanaged and are not illustrative of any particular investment.

1 – http://www.law-business.com/powers-of-attorney [4/27/12]

2 – http://www.kiplinger.com/article/retirement/T066-C000-S002-managing-your-parents-money.html [3/11]

3 – dhs.sd.gov/gdn/guardianshipfaqs.aspx [6/2/12]

4 – http://www.caregiver.org/caregiver/jsp/content_node.jsp?nodeid=434 [1/15/13]

5 – money.usnews.com/money/blogs/the-best-life/2011/07/18/10-tips-for-caring-for-aging-parents [7/18/11]

Albert Aizin is a Representative with FSC Securities and may be reached at http://www.theretirementgroup.com.

This material was prepared by Peter Montoya Inc, and does not necessarily represent the views of Albert Aizin and The Retirement Group or FSC Financial Corp. This information should not be construed as investment advice. The publisher is not engaged in rendering legal, accounting or other professional services. Neither the named Representatives nor Broker/Dealer gives tax or legal advice. All information is believed to be from reliable sources; however, we make no representation as to its completeness or accuracy. If other expert assistance is needed, the reader is advised to engage the services of a competent professional. Please consult your Financial Advisor for further information or call 800-900-5867.

The Retirement Group is not affiliated with nor endorsed by fidelity.com, netbenefits.fidelity.com, hewitt.com, resources.hewitt.com, access.att.com, Merck, ING Retirement, Verizon,  Pfizer, ExxonMobil, Chevron, Northrop Grumman, AT&T, Raytheon, Qwest, Bank of America, Hughes, GlaxoSmithKline, Alcatel-Lucent or by your employer. We are an independent financial advisory group that specializes in transition planning and lump sum distribution. Please call our office at 800-900-5867 if you have additional questions or need help in the retirement planning process.

 

 

 

 

 

 

 

 

 

 

Should You Put Your Home Into a Trust?

The arguments for & against this estate planning decision.

 Uncommon, or uncommonly wise? Occasionally, a couple or a family will elect to put their home into a revocable living trust, a charitable remainder trust (CRT) or a qualified personal residence trust (QPRT). There are advantages and disadvantages to doing this.

People make this move for a variety of reasons. They may want to save money on probate and reduce estate taxes. They may want a little more protection against “creditors and predators”. They may be looking for a way to gift real property to their adult children. They may want an orderly transfer of such property to a particular heir, free of interfamilial squabbles. By putting a house into a trust, they may accomplish some or all of these objectives.1,2

If much of your net worth is linked to the value of your home, you may be considering this. As the federal estate tax exemption is higher than it once was, placing your house into a trust may have slightly less merit today than it once did. There are significant potential benefits, however.

Putting your home into a revocable living trust. In this arrangement, the title to your house is transferred to the living trust during your lifetime. Besides being the grantor of the revocable living trust, you may also name yourself trustee and beneficiary. This gives you the power to a) add other real estate to the trust, b) gift or sell the real estate held within it while you are alive, c) unwind the trust and put the real property back in your estate within your lifetime.1,3

At your death, the trust becomes irrevocable. Control of the real property is then transferred to a named successor trustee, presumably one of your adult children.1

A revocable living trust may spare your home from probate and facilitate the transfer of title to your heirs. There may be some estate tax savings, and if you become incapacitated, another trustee can be chosen to manage the trust.1

Putting your home into an irrevocable living trust. The irrevocable variation offers you similar benefits, but the difference here is that you are giving up control – once you transfer real property into an irrevocable trust, it is out of your taxable estate and no longer yours. An independent third party trustee manages the trust on behalf of its beneficiaries. In this case, the transfer of real property is subject to gift tax because it is defined as a gift to the trust beneficiaries. Crummey withdrawal right letters may help in this regard – if they are sent to the beneficiaries, some of the amount of the gift may be shielded from such tax.4

Putting your home into a CRT. A charitable remainder trust is an irrevocable trust that helps an owner of a highly appreciated asset defer capital gains and income taxes and help a qualified charity. You make a gift of the real property to the CRT, which then sells it and arranges recurring income payments to you out of the managed sale proceeds. These payments last either for life or for a 20-year period. After you or your surviving spouse die, the charity receives the remainder of those sale proceeds.4,5

By donating real estate to a charity via a CRT, you accomplish four things: you take the real property out of your taxable estate, you get an income stream, you avoid recognition of capital gains on what is presumably a highly appreciated asset, and you can take an immediate income tax charitable deduction based on a portion of the property’s value.5

At first glance, it may seem like the charity is the “winner” here – not your heirs. To counter that, life insurance policies are frequently used. Trust assets may be used to purchase “cash value” life insurance, so that your heirs may one day receive tax-free insurance proceeds of equivalent or greater value than the donated asset.4,5

Putting your home into a QPRT. Qualified personal residence trusts allow you to gift your home to your children while you retain control of it for the term of the trust (typically 10 years). If your home seems poised to rise in value, the QPRT may lead to major estate and gift tax savings – it helps you transfer the home out of your taxable estate, thereby reducing its size. The value of the gift is the fair market value of the home minus “retained interest” (i.e., your right to keep living in it for X number of years, the value of which is derived from IRS calculations).2,6,7

You have to outlive the term of the QPRT and then either a) move out of your house or b) pay your heirs fair market rent to keep living in it. If that doesn’t happen, the trust will be rendered invalid and when you die, the full market value of your home will be counted in your taxable estate. QPRTs were introduced in 1990, when the federal estate tax exemption was only $600,000. As it is currently above $5 million, some estate planners feel these trusts are less necessary today.2,6,8

A last word. Even simple trusts invite complexity into your financial life. You must weigh whether the cost of trust creation and administration will be worth it. After you pass, the trust has to file tax returns and value assets, and the resulting expenses may compare to the money saved by keeping the home out of probate. A transfer-on-death deed (permitted in some states) or other estate planning tools may help you realize your goals more cheaply.

This material was prepared by MarketingLibrary.Net Inc., and does not necessarily represent the views of the presenting party, nor their affiliates. All information is believed to be from reliable sources; however we make no representation as to its completeness or accuracy. Please note – investing involves risk, and past performance is no guarantee of future results. The publisher is not engaged in rendering legal, accounting or other professional services. If assistance is needed, the reader is advised to engage the services of a competent professional. This information should not be construed as investment, tax or legal advice and may not be relied on for the purpose of avoiding any Federal tax penalty. This is neither a solicitation nor recommendation to purchase or sell any investment or insurance product or service, and should not be relied upon as such. All indices are unmanaged and are not illustrative of any particular investment.

1 – homeguides.sfgate.com/advantages-disadvantages-putting-house-trust-42083.html [8/6/13]

2 – money.cnn.com/magazines/moneymag/money101/lesson21/index6.htm [8/6/13]

3 – nolo.com/legal-encyclopedia/free-books/avoid-probate-book/chapter7-7.html [8/6/13]

4 – homeguides.sfgate.com/tax-advantages-creating-trust-real-estate-82243.html [8/6/13]

5 – bnaibrith.org/charitable-remainder-trust-crt.html [8/6/13]

6 – tinyurl.com/ktl8zlj [7/10/13]

7 – foxbusiness.com/personal-finance/2013/07/26/shielding-your-assets-from-estate-taxes/ [7/26/13]

8 – irs.gov/pub/irs-soi/89-90estxs.pdf [1990]

The Retirement Group is not affiliated with nor endorsed by fidelity.com, netbenefits.fidelity.com, hewitt.com, resources.hewitt.com, access.att.com, ING Retirement, Raytheon, ExxonMobil, AT&T, Glaxosmithkline, Bank of America, Merck, Pfizer, Verizon, Qwest, Chevron, Hughes, Northrop Grumman, Alcatel-Lucent or by your employer. We are an independent financial advisory group that specializes in transition planning and lump sum distribution. Please call our office at 800-900-5867 if you have additional questions or need help in the retirement planning process.

This material was prepared by Peter Montoya Inc, and does not necessarily represent the views of Albert Aizin, and The Retirement Group or FSC Financial Corp. The publisher is not engaged in rendering legal, accounting or other professional services. Neither the named Representatives nor Broker/Dealer gives tax or legal advice. This information should not be construed as investment advice.  All information is believed to be from reliable sources; however, we make no representation as to its completeness or accuracy. If other expert assistance is needed, the reader is advised to engage the services of a competent professional. Please consult your Financial Advisor for further information or call 800-900-5867.

Albert Aizoin is a Representative with FSC Securities and maybe reached at http://www.theretirementgroup.com.

 

 

The Economy is Heading Back to Normal

The Economy is Heading Back to Normal

A look at the fundamentals affirms the hunch. 

 

The stock market may be up and down this year, but America’s economic recovery seems to be proceeding at a decent pace. Anyone who wants some evidence of that can find it in some key fundamental indicators.

 

Pessimists may counter: didn’t the economy grow just 0.1% in the first quarter? Indeed, that was the federal government’s initial estimate – but the initial estimate of quarterly GDP is twice revised, and often drastically so. Other key indicators point to a healthier economy, and some suggest that March and April were better than presumed.1

Jobless claims reached a 7-year low this month. They decreased to pre-recession levels at last, with a seasonally-adjusted 297,000 applications received in the week of May 3-10, the fewest in any week since May 2007. Economists Reuters polled thought 320,000 claims would appear.2

Hiring has picked up. April saw employers hire 288,000 people with gains in the manufacturing, construction, and professional/technical sectors. Even state and local governments hired.1

 

From November to April, non-farm payrolls grew by an average of 203,000 jobs per month. From January through April, the gain averaged 214,000 jobs per month. That is the kind of steady growth that pulls an economy out of the doldrums.1,3

 

Yes, the jobless rate hit a 5½-year low in April partly due to fewer jobseekers – but when fewer people look for work, it often translates to an indirect benefit for those in the hunt. That benefit is higher pay. Analysts think noticeable wage growth might be the next step in the labor market recovery.1

So has consumer spending. With a 0.9% increase (0.7% in inflation-adjusted terms), March was the strongest month for personal spending since August 2009. While the gain on April retail sales was just 0.1%, the March advance was just revised up to 1.5%, representing the best month for retail purchases in four years.3,4

 

The sequester is in the rear-view mirror. Major federal spending cuts probably exerted a significant drag on the economy in 2013. In 2014, they are gone.

The manufacturing & service sectors keep growing. The Institute for Supply Management’s globally respected monthly PMIs monitor these sectors. ISM recorded economic activity in the U.S. manufacturing sector expanding for an eleventh straight month in April; its service sector index has recorded growth for 51 straight months.5,6

 

Inflation is normalizing. In the big picture, inflation is not necessarily a negative. At the turn of the decade, our economy faced notable deflation risk. The euro area is still facing it today – as of April, consumer prices there had risen just 0.7% in a year. A return to moderate inflation is expected as the economy recovers. Interest rates should move higher, and in the long run, higher interest rates should lend a helping hand to the savings efforts of many households and the incomes of many retirees.7

Pending home sales went positive again in March. Before the 3.4% gain in that month, this leading indicator of housing market demand had been negative since last June. An increase in contracts to buy homes speaks to a pickup in residential real estate. The gain brought the National Association of Realtors’ pending home sales index to a reading of 97.4 in March, close to its origination (or “normal”) mark of 100.8

Some analysts think Q2 should bring solid expansion. Economists surveyed by MarketWatch expect GDP to hit 3.5% this quarter, and in the Wall Street Journal’s May poll of 48 economists, the consensus was for 3.3% growth in Q2.3,9

More inflation pressure, tightening by the Federal Reserve … how can that be good? In the short term, it will likely hamper the stock market and the housing market. In fact, the Mortgage Bankers Association has been tracking a reduction in demand for home loans, and that and any wavering in consumer spending may lead the Fed to ease a little longer or less gradually than planned (news Wall Street might welcome).7

   

Normal is good. Over the past several years,we have witnessed some extreme and aberrational times with regard to market behavior and monetary policy.A littleequilibrium may not be so bad.

This material was prepared by MarketingPro, Inc., and does not necessarily represent the views of the presenting party, nor their affiliates. This information has been derived from sources believed to be accurate. Please note – investing involves risk, and past performance is no guarantee of future results. The publisher is not engaged in rendering legal, accounting or other professional services. If assistance is needed, the reader is advised to engage the services of a competent professional. This information should not be construed as investment, tax or legal advice and may not be relied on for the purpose of avoiding any Federal tax penalty. This is neither a solicitation nor recommendation to purchase or sell any investment or insurance product or service, and should not be relied upon as such. All indices are unmanaged and are not illustrative of any particular investment.

1 – mercurynews.com/business/ci_25684116/u-s-has-best-month-job-gains-two [5/2/14]

2 – reuters.com/article/2014/05/15/idUSLNSFGEAGK20140515 [5/15/14]

3 – marketwatch.com/story/sales-at-us-retailers-barely-rise-in-april-2014-05-13 [5/13/14]

4 – tinyurl.com/q88a338 [5/1/14]

5 – ism.ws/ISMReport/MfgROB.cfm [5/1/14]

6 – ism.ws/ISMReport/NonMfgROB.cfm [5/5/14]

7 – blogs.wsj.com/moneybeat/2014/04/30/macro-horizons-all-eyes-on-fed-but-central-banks-overseas-more-interesting/ [4/30/14]

8 – usnews.com/news/business/articles/2014/04/28/contracts-to-buy-us-homes-up-1st-time-since-june [4/28/14]

9 –  projects.wsj.com/econforecast/#ind=gdp&r=20 [5/14]

 

This material was prepared by Peter Montoya Inc, and does not necessarily represent the views of Albert Aizin, and The Retirement Group or FSC Financial Corp. This information should not be construed as investment advice. Neither the named Representatives nor Broker/Dealer gives tax or legal advice. The publisher is not engaged in rendering legal, accounting or other professional services. If other expert assistance is needed, the reader is advised to engage the services of a competent professional. All information is believed to be from reliable sources; however, we make no representation as to its completeness or accuracy. Please consult your Financial Advisor for further information or call 800-900-5867.


The Retirement Group is not affiliated with nor endorsed by fidelity.com, netbenefits.fidelity.com, hewitt.com, resources.hewitt.com, access.att.com, ING Retirement, AT&T, Alcatel-Lucent , Qwest, Hughes, Northrop Grumman, Raytheon, Chevron, ExxonMobil, Glaxosmithkline, Merck, Pfizer, Verizon, Bank of America or by your employer. We are an independent financial advisory group that specializes in transition planning and lump sum distribution. Please call our office at 800-900-5867 if you have additional questions or need help in the retirement planning process.

Albert Aizin is a Representative with FSC Securities and may be reached at http://www.theretirementgroup.com.