Thinking Trust for Your Estate? Think Legal

While it may not be the right fit for every retiree, a trust is an effective and efficient estate planning tool in certain situations. For example, if you have young grandchildren that you want to leave money for, but you want to control how and when it can be used after you’re gone, then a trust might be the way to go. Or maybe you want to make sure your estate funds go towards a particular cause or entity, in which case a trust can control that. Regardless of your purpose for the trust, it’s important that it is set up properly, which the vast majority of times involves working with an attorney specializing in that area. Trusts are complex devices that, if not created properly, can lead to confusion and eventual frustration for family, friends, and/or organizations that may have expected to benefit from the funds. If you are considering a trust for your estate or for retirement, I strongly urge you to speak to an attorney about it. Not only that, but I encourage you to take the time to find an attorney that you are comfortable with discussing any matters related to your personal trust with. Finding the right attorney can make all the difference and a good one should be able to help you reach your desired goals or be frank with you about the feasibility of your plans. Along with talking with an attorney, you may also want to speak with a wealth manager or financial planner to further discuss your retirement plans as well as your estate plans. These conversations can go a long way towards helping you reach the desired end point for you and your money.

The Inherited Inherited IRA

What happens when the person who inherits an IRA dies after inheriting the IRA, but before they reach any potential 10 year payout limit or decide what to do with the money? That sounds confusing, but it’s not as tough as you think. First off, before answering the question, I do think I need to clarify some terms since we are dealing with multiple levels of beneficiaries. The person who succeeds the person who originally inherited the IRA is known as a “successor beneficiary.” Just wanted to clear that up so you can follow along. We will also be focusing on the rules under the SECURE Act passed last year as it is the rule-of-thumb moving forward. Okay. What happens with that inherited IRA after the inheritor dies will be determined by the status of the successor beneficiary. If the successor beneficiary is the spouse of the inheritor, then there are a few different options. They can roll it over to their own IRA, they can set up a separate inherited IRA, they can also do nothing and continue receiving required minimum distributions (RMDs) based on either the dead spouse’s life expectancy or their own. Now, things aren’t so simple for non-spousal successor beneficiaries (i.e. friends, children, etc.). Non-spousal successor beneficiaries must drain the inherited IRA within 10 years of inheriting it. They can do that however they see fit, just as long as they don’t leave anything in there at the 10 year mark. Now, what happens if the inheritor dies and then the successor beneficiary dies before either hitting the 10 year payout limit or deciding what to do with the money? Well, the person who inherits the inherited inherited IRA (yea, that’s confusing) then would work with the remaining time on the successor beneficiary’s watch. I don’t even want to think about what happens if the person inheriting from the inheritor of successor beneficiary. That’s just too many hoops to jump through. Alright, that’s a lot. My advice would be to have a plan and act on it as soon as you inherit such an IRA. It will save a lot of time and hassle.

It’s Almost the End of the Year. How Are Your Retirement Savings?

I’ve talked about it from time to time over the past few months, but now that there are only a few short days left in 2019, it’s a good time to review your retirement savings accounts. Over the past year: Where you able to save as much as you wanted to or intended to? Did your beneficiaries change? Did you open any new accounts? Did things change personally or professionally that would impact your retirement savings? These are important questions that you should be asking yourself at least once or twice a year. Regardless, the end of the year is a good time to think about whether you need to make changes to your retirement accounts or plans. You don’t need to act on changes right away, but if you find you need to make a change to, for example, a beneficiary form, you should do that in the first few weeks of the new year. The end of the year is also a good time to think about any changes that may be coming your way over the next 365 days. Will there be a major life change? Will you be retiring in 2020? If you answered yes to either of those questions, then you will definitely need to reconfigure the information associated with your retirement accounts as well as your retirement plans and goals. Furthermore, these changes might be big, so they may require some lengthy conversations with you and your financial planner or wealth manager. So, what might 2020 have in store for your retirement plans or savings?

Spousal Inherited IRA: Take It or Leave It

If you are married, you may have discussed with your spouse what you plan to do with each others estates should one of your pass before the other. This discussion–and other similar ones–is important and can make the period after the passing of a spouse less difficult than it needs to be. As part of those discussions, you may want to talk about what you both will do with an Inherited IRA, if you or your partner have one. There are really three main options for the spouse inheriting the IRA. The first is to leave the IRA as it is and begin taking distributions based on your own life and related factors. The second option is to rollover the IRA to an inherited IRA, which is the same option that a non-spouse beneficiary has. The final option–this is one that only spouses have–is to rollover the IRA into an existing or new IRA that is in your name. If you choose this third option, you will need to notify both the custodian of the IRA you are rolling over into as well as the custodian of your spouse’s account. Also, if you choose¬† the first option, you can treat the IRA as your own if you make a contribution or fail to take required minimum distributions (RMDs) as if the account were inherited. It should also be noted that you may have to take additional steps if there are other beneficiaries listed for the IRA you inherit. These options can include getting the other beneficiaries to disclaim the inheritance. Another possibility is taking a distribution of your share of the account and rolling it over to an IRA in your own name within 60 days of receiving the distribution. As you can see, there really is no right or wrong option and your decision will most likely be impacted by where you are at that point in life as well as your own retirement account situation. Regardless of what you decide to do with an inherited IRA, you should speak with a certified financial planner or wealth manager before rolling anything over to ensure that you are following all the proper steps.

Estate Planning and the Non-Traditional Family

The traditional notion of what a family is has shifted over the decades as society has become more open and excepting of families that do not fit the norm. Now, for the purposes of this blog post, a “traditional” family is that of a husband and wife and one or more biological children. Whether you agree with it or not, things such as divorce and same-sex marriages are more prevalent in today’s society and–possibly coinciding with that–so too is the blended family, which is formed by two previously divorced people getting married. While these types of families are becoming accepted as more and more common, they can present some interesting estate planning situations. Such questions may include how step-children raised by a non-biological spouse, but not officially adopted, should be treated? Does the state in which you live have a specific definition of a “beneficiary” that may impact who you want to pass your estate to? What are the possibilities of laws changing between the creation of your estate plan and its actual execution. These are just a few of the important questions of consider if you find yourself in a non-traditional family. Furthermore, depending on the state you live in, these questions could potentially have some complex answers that may require very specific knowledge of the law. Therefore, when you start your estate planning journey, you should should speak with an attorney that specializes in estate planning and knows the intricacies of the law. It may take some time and work to find that attorney, but a good estate planning attorney is worth it as they are best positioned to ensure that your wants and desires are met when it comes to your possessions and assets once you pass on. When was the last time you spoke with an estate planning attorney?

Trusting in a Trust

There’s a good chance that you have a will, especially if you have assets that you want to share once you have passed on. If you don’t have many assets or few family and friends to share them with, then you can get by with a simple will (i.e. maybe a page or two long saying who gets what). However, if you have young children–or grandchildren–a simple, boilerplate will probably won’t cut it. Furthermore, if you find that your will may end up leaving a large inheritance to a child or young adult, you will want to consider guidelines and limitations on how the money can be used and when it can be used. This is where a trust comes into play. Since there is a whole section of law devoted to trusts (usually combined with wills and estates), I am not going to get into the legal mumbo-jumbo of the different types of trusts and how they all work. In a nutshell, though, a trust is a legal vehicle that allows for the distribution of money or assets, as overseen by a trustee, to a beneficiary. The trustee may have certain guidelines and rules that he or she must follow when distributing the assets within the trust, which are defined by the settlor–the person who is looking to have his or her assets or money distributed. There are multiple types of trusts out there and each have different ways that they are created and can be used. Why am I talking about trusts? Well, if you have children (or grandchildren), particularly ones that are young, a trust can be an effective way to make sure that they don’t blow through any inheritance they receive. For example, you can instruct the trustee to not distribute the assets or money in the fund before the beneficiary reaches a certain age or that is can only be used for certain purposes. This can protect both the assets you place in the trust as well as the beneficiary and prevent the beneficiary from becoming to reliant on an inheritance. Despite the simplistic approach of this blog post, trusts can be complex. Thus, you will need to speak with an attorney, particularly one specializing in estates or trusts, if you decide you want to set one up as they can legally do so and will ensure that it is done properly.

Managing Your Future When You Can’t

Do you have a plan in place should you find yourself in a situation in which you don’t have the ability the make decisions for yourself? Illnesses such as Alzheimer’s Disease and Dementia can rob one of the ability to make financial and medical decisions for themselves. However, there are steps you can take to ensure that you can have some control over your health and finances even if you aren’t competent to make such decisions on your own. Depending on what state you live in, you may want to research whether you can appoint a healthcare proxy or designate someone with the power of attorney who can make decisions regarding your health. If you do designate someone with a general power of attorney, that person may also be able to make decisions regarding your finances and any business transactions you are involved in. Of course,¬†you will want to speak with an attorney–look for one specializing in elder law or estate planning–about how to go about properly designating a power of attorney or healthcare proxy. Along with naming a healthcare proxy or power of attorney, you may also want to consider a living will. A living will sets forth your wishes in the event that your are incapacitated (i.e. in a coma) and decisions need to be made regarding your long-term care. In regards to your finances, instruments such as a trust can be an effective and efficient tool in retaining control of your finances. There is more than one type of trust and each type has different purposes and rules. Again, you will want to speak with an attorney about the type of trust that is best for you and your goals and desires. Having an updated will is also important as such a document represents your final wishes and ensures that your assets and money go to those who you feel deserve them. I’ll admit that it can sometimes be difficult to think about your mortality or finding yourself in a situation in which you have no control over your life, but it’s an important consideration. Furthermore, keep in mind that without your guidance, your family and friends may have to make difficult decisions regarding your health and finances. Wouldn’t you want to make that easier for them? Designating a power of attorney or putting your finances in a trust can make those difficult decisions must less painful for those people closest to you and allow you to age having the peace of mind that you are still in control of your healthcare and finances.

To Leave or Not to Leave?

Whether or not you want to leave a legacy for your children and/or grandchildren can be an important part of retirement planning. If you would like to leave behind a pot of money for your loved ones, then you will want to plan to do so. That may mean saving a lot of money towards retirement or finding ways to fund your retirement needs/expenses without touching your nest egg or being creative when it come to cutting down on retirement expenditures. Furthermore, the decision to leave behind money when you pass away may need to be made early in your retirement saving endeavors as it may influence the way to save. You will also want to put some thought into organizing who gets some of that money and how much. It’s not uncommon for a leftover legacy– whether it be money, an asset, or a piece of property–to have a negative effect on one’s heirs. You most likely want to avoid a situation where family squabbles could arise or bitter feuds could develop. A will that divides up what you leave behind can be an effective way to avoid issues with any money or estate that is left. A will can also give you some control over who gets what and can ensure that your wishes and desires are met when it comes to dividing up any funds you leave behind. If all this seems like too much thought and work, you could also take the approach that many take and try to leave as little money behind as possible. Yes, some people plan to spend all of their retirement savings and leave nothing. This approach also requires planning as you will need to be conscientious of how much you save and also how much you spend once you are in retirement. You will most definitely want to consider ways to cover unexpected expenses that may arise in retirement, such as medical bills, and which can quickly eat into the limited savings you have. Regardless of whether you intend to leave a legacy behind or not, you should speak with a certified financial planner about what you intend to do and develop a plan that allows you to meet those goals efficiently and effectively.

Taking Time To Get Your Financial Info Together

As you’ve gone through life and progressed towards retirement age, you’ve probably accumulated a number of financial accounts. These may include investment accounts, retirement accounts, bank accounts, as well as other accounts that hold your assets. You’ve probably also created various usernames and passwords to access those accounts online too. That can be a lot of information to remember, especially if your passwords and usernames are unique to each account. That’s why it’s important that you organize your account information. An easy way to do that is to create a binder of your financial information, which you can easily access and keep information pertaining to each account. I would suggest giving each account it’s own page in the binder with each page containing the URL for each account, any passwords and usernames associated with it, a listing of any and all account beneficiaries, and contact information for the account custodian or your financial planner. You may also want to include information regarding life insurance policies in this binder as well. Not only will this binder help you to keep track of your accounts, but it can also be helpful to friends and family after you have passed away. It will provide them with information regarding who is the custodian of what accounts, how to access them, and how those accounts will be divided. You should ideally keep this binder in a safe place, such as a fireproof box or a place where you keep valuables, and you may want to inform a few people you are close with–such as a spouse or your children–as to its existence, so that they know it’s out there. As you put the binder together, also take some time to review your information and make sure it’s up-to-date and reflects what your wishes and desires. Taking the time to organize this information now can save you a potential headache in the future.