insurance

Five Factors to Consider When Purchasing Long-Term Care Insurance

The United States Department of Health and Human Services estimates that approximately 70 percent of Americans over the age of 65 will need some type of long-term care. Contrary to what many people believe, Medicare does not cover long-term custodial care. Given the cost of such care, it makes sense to consider your options, in advance, about how to obtain the care you might very well need without exhausting your life savings to pay for it.

insurance

One such option is long-term care insurance. Here are some factors to consider regarding the purchase of a long-term care insurance policy.

Your age and health matter.

The younger you are when you purchase long-term care insurance, the less expensive it will be. Unfortunately, if you have conditions such as diabetes or heart disease, your application might be rejected.

It is better to have some coverage than none at all.

The very best plans, such as those that adjust for inflation or cover the widest range of services, may be prohibitively expensive. Experts advise that policies with the option to add services in the future may be a better approach.

Know exactly what services are provided by your policy, and just as importantly, what services are not covered.

Take note of when the coverage begins.

Most policies have what is known as a waiting period. During the waiting period, you will have to pay for services on your own before the policy kicks in. As you would expect, the shorter the policy’s waiting period, the more expensive the policy will be.

Finally, if you buy your policy through an agent, ask him or her these three questions:

  • How long have you been selling long-term care insurance?
  • How many policies have you sold? Fewer than 100 is not enough.
  • How many insurers do you work with? The minimum should be three or four.

Contact an Experienced New York Estate Planning Attorney

We invite you to contact Amoruso & Amoruso LLP by calling (914) 253-9255 for a consultation about whether long-term care insurance is right for you, and if so, what type of policy makes the most sense for your particular situation.

What to Do When a Loved One is Diagnosed with Dementia

A dementia diagnosis is a traumatic time for any family. Dementia happens slowly and progressively over time. In the early stages, some symptoms are often thought of as just signs of aging. Beginning signs can be as simple as losing car keys, forgetting where the car is parked, or even forgetting to turn off the oven. Unfortunately, dementia is incurable and progresses over time. It is important to have difficult conversations sooner than later. There are a few things you can do to protect your loved one during this challenging time.

Gather Financial Documents

There are several advantages to having all financial documents in one place during an early diagnosis of dementia. Dementia patients usually have difficulty remembering where they put things. It is important to not only put all financial documents in one place, but to also make copies and have them kept with a trusted member of the family. It is a good idea to make a binder that consists of insurance documents, health care wishes, will, power of attorney, bank statements, and car titles. Original documents should be kept in a safe place. It is important to have discussions early on, while your loved one can remember important financial information.

Protect Their Assets

Elderly individuals are often a target for financial fraud. A dementia diagnosis could mean even more risk for your loved one. Financial fraud is not always done by strangers. It is important to keep a close watch on new “friends” your loved one starts spending time with. Keep a close watch on their finances to ensure they are not a victim of fraud.

Establish a Power of Attorney

Dementia can be scary. Your loved one will likely feel like they are losing control and may be reluctant to freely give their perceived freedoms away. However it is important to create a Power of Attorney. This will allow a trusted loved one to make financial decisions, conduct banking transactions and pay bills when the time comes.

Create a Health Care Directive

After a diagnosis such as dementia, it is important to understand your loved ones wishes. Health care, long-term care, and end-of-life treatment are very personal. Every person has different beliefs and concerns regarding what they would like to occur in the event they are not able to make decisions for themselves. These wishes should be very clear and stated in writing.

Does your loved one want to be put on life support? Do they want to be resuscitated? Do they prefer an assisted living facility or in-home care? A Health Care Directive will outline the person’s wishes and it will also appoint a person that will make healthcare decisions when the time comes. Be sure to post health care wishes somewhere visible in the house and in your loved one’s wallet, in the event that emergency services are needed.

Review Estate Plan

Estate planning in the best of situations can seem overwhelming. There are financial implications for present and future generations. Emotional stressors include preparing for one’s own passing and trying to equitably distribute properties, investments, cash, and family heirlooms. However, when a spouse or loved one begins to suffer from dementia, forming a comprehensive estate plan is more important than ever. A basic understanding of the legal rights of someone suffering from dementia can help smooth the process. Having the trusted advice of an elder law and estate planning attorney can help navigate the process.

Contact an Experienced Elder Law Attorney

If you have additional questions or concerns regarding a loved one and dementia, contact the experienced New York Elder Law attorney at Amoruso & Amoruso LLP by calling (914) 253-9255 to schedule an appointment.

Filial Responsibility: Are Children Responsible for Their Parents’ Long-Term Care?

Filial Responsibility Laws, also known as Filial Support Laws, are relatively unknown. More than half of US states (including Puerto Rico) could hold adult children financially responsible for their parents’ long-term care. If your parents live in one of the following states, you could be held legally responsible for their healthcare: Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Indiana, Kentucky, Louisiana, Massachusetts, Mississippi, Montana, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, and West Virginia.

At one point, 45 US states had statutes that left adult children responsible for their parents’ nursing home care. After Medicaid was established in 1965, many states repealed these laws. The filial law system was adopted from England’s “Poor Laws”, a set of social measures meant to support low income citizens that could not afford care. Medicaid and Social Security helped to reduce the need for these laws.

While filial laws are rarely enforced, the rising cost of healthcare and longer life expectancies increase the likelihood of elderly individuals outliving their savings, which could rekindle these laws’ implementation. If your parents live in a state with filial responsibility laws and they start to accumulate healthcare bills they cannot afford, the provider may be within their rights to sue you for payment, and win. Some states can even extend criminal penalties to children who deny covering care. For example, according to North Carolina law, refusal to support your parents could result in a Class 2 misdemeanor that could earn you up to 120 days in jail.

If a parent becomes eligible for Medicaid, then the government will pay for nursing home care in most cases, and these laws become irrelevant. The Medicaid Estate Recovery Program (MERP) will sometimes try to recover the cost through the recipient’s estate after death. However, Medicaid does not require that adult children contribute directly to their parents’ care. In cases where the child and parent share assets, such as joint bank accounts or jointly owned real estate, the state may take action against these assets when trying to recover long-term care costs.

The best way to avoid issues with these laws is to get involved with your parents’ financial planning to ensure they have a plan to pay for long-term care themselves. An estate planning and elder law attorney can help create a plan to protect your parents’ assets while alleviating you of your filial responsibility. It is also important for families to consult with an attorney when applying for Medicaid or when beginning to plan Medicaid strategies, such as changing asset ownership or spending down assets.

Senior Woman Comforting Man With Depression At Home

A Designer Has Created Tableware to Help People With Dementia

Senior woman comforting man with Dementia at home

Alzheimer’s and other neurodegenerative diseases can make even basic tasks extraordinarily difficult. Designer Sha Yao saw this firsthand when her grandmother was diagnosed with Alzheimer’s disease. In response, she created Eatwell, a seven-piece tableware set. It features bright, primary colors, which Yao chose based on a Boston University study that showed individuals with cognitive impairment consumed 84 percent more liquid and 24 percent more food when they were served in brightly-colored containers.

Other features of the tableware set include cups and bowls with angled bases. This allows contents to shift naturally to one side and make them easier to drink or scoop up. The accompanying spoons are ergonomically designed to correspond to the contours of the bowls. In addition, the tableware set has holes with flaps at the edge of the tray where a napkin, bib or apron can be tucked to prevent spills. The set’s drinkware features wide bases, reducing the likelihood that they will be knocked over.

“Raising awareness and addressing the needs of people with impairments will allow them to maintain their dignity, retain as much independence as possible, and reduce the burden on their caretakers,” said Yao. “That’s what made designing the Eatwell tableware set so rewarding.”

Learn more about the set here.

Contact Us

If you have additional questions or concerns regarding estate planning and Dementia, contact the experienced New York Elder Law attorneys at Amoruso & Amoruso LLP by calling (914) 253-9255 to schedule an appointment.

Irrevocable Living Trust

The Benefits of an Irrevocable Living Trust

An Irrevocable Living Trust generally cannot be modified or terminated except under certain limited circumstances. It requires the grantor to transfer assets into the trust and give up his or her rights of ownership to these assets. So why would you want to create an Irrevocable Living Trust, as opposed to a Revocable Living Trust?

Irrevocable Living Trust

Irrevocable Living Trusts, when properly designed and implemented, can provide an almost unsurpassed level of asset protection from the high cost of long-term care. And, like Revocable Living Trusts, they spare your family the delays, frustration and expenses of the probate process. Other reasons to utilize an Irrevocable Living Trust include:

  • Tax minimization
  • Avoiding the risks of placing assets in the name of your children
  • Protecting assets against predators, creditors and lawsuits

While many different types of Irrevocable Living Trusts are available, in essence all of them retitle your assets. Assets placed in an Irrevocable Living Trust can include a business, cash, investments, life insurance policies, and more.

Why is an Irrevocable Living Trust better than a Revocable Living Trust at protecting assets against the cost of long-term care?

Under current Medicaid laws, assets in a Revocable Living Trust are not fully protected. Why? Assets in a Revocable Living Trust are available to the Grantor. Medicaid may determine that those assets be used to pay for long-term care. This is not the case with an Irrevocable Living Trust, as long as it is properly designed and implemented to take into account the latest laws governing Medicaid eligibility.

How does an Irrevocable Living Trust protect your children’s inheritance?

When you transfer assets directly to your children, they typically become outright owners of the assets. They also become responsible for the risks associated with owning the assets. A properly drafted and implemented Irrevocable Living Trust will avoid:

  • Loss of inheritances due to lawsuits, divorce, remarriage, or the inability of your children to manage money on their own
  • Gift tax liability
  • Income tax consequences for your children
  • Problems with getting financial aid to cover educational and other expenses for your grandchildren

To determine if an Irrevocable Living Trust is right for you and your family, contact us today for a consultation.

Second marraige

Estate Planning for Second Marriages

Second marriages can present unique challenges when it comes to estate planning, particularly if you or your new spouse have children from previous marriages. Let’s take a look at some of the factors, tools, and strategies to consider when planning for a second marriage.

Second marraige

Prenuptial Agreements

You’ve been married before, so you’re a little bit older and a whole lot wiser the second (or third) time around. However, this doesn’t mean you should throw caution to the wind. While it is hardly the most romantic aspect of planning a life together, many couples should at least discuss a prenuptial agreement. This is especially true if any of the following scenarios apply:

  • One of you is giving up a lucrative career to get married
  • You or your future spouse owns a business
  • Either of you has significant assets and wants to keep them separate from marital assets
  • One of you carries significant debt
  • There are children from a previous marriage

If you think a prenuptial agreement makes sense in your situation, the next question is when the documents should be prepared. The sooner the better is a good rule of thumb. This will avoid the appearance of coercion, which can render some prenuptial agreements null and void. Your documents should be signed at least one month before the wedding, preferably before the invitations are sent out. In addition, you and your future spouse should each have an attorney involved in the design and review of the prenuptial agreement.

Review and Update Beneficiary Designations

Did you know that the people you have named as beneficiaries in various retirement and other accounts will generally inherit account assets even if other beneficiaries were named in your will? Consider the following situation. You got divorced, remarried, and changed your will to make your new wife your primary beneficiary.

However, if your ex-wife is still named as beneficiary in your retirement and investment accounts, she will inherit the funds, not your new wife. Beneficiary designations typically trump wills.

Fortunately, it is relatively easy to make and update beneficiary designations. When you open a retirement account, such as an IRA, the provider generally offers a beneficiary designation form within the account itself. You can name your beneficiaries when you create the account and change your beneficiaries whenever you wish (with one possible exception). As for investment and bank accounts, making beneficiary designations will likely require you to request a transfer on death form. This, too, is easily accomplished.

The exception noted above refers to certain laws governing the passing of retirement accounts to spouses. Your spouse will typically inherit your 401(k), for example, unless he or she signs a consent form waiving his or her right to it. If your ultimate goal is to leave your 401(k) to your children, your spouse will have to agree to this in writing. Designating your children as beneficiaries of your 401(k) will generally not be enough.

Protecting Children from a Previous Marriage

If all of your estate’s assets are left to your new spouse, your children from a previous marriage may not be provided for in the manner you would have wanted after you pass away. Your new spouse could, upon his or her death, leave all of the assets to his or her children from a previous marriage, thereby excluding your children. Conversely, if the majority of your estate is left to your children from an earlier marriage, there may not be enough assets remaining to provide for your new spouse or any children you have together. It can be a balancing act, one that requires proper planning to ensure your wishes, and those of your new spouse, are carried out. At the very least, each spouse should have a will. Without one, intestacy laws will likely result in assets being distributed in a manner neither of you would have wanted.

A trust, or combination of trusts, is generally a better approach than a will for second marriages and blended families. One such trust, which provides an excellent form of asset protection, is called a Qualified Terminable Interest Property Trust (QTIP). A QTIP Trust can generate income for the benefit of the surviving spouse during his or her lifetime. When the surviving spouse passes away, the QTIP’s assets can be distributed between mutual and prior children according to the wishes of the previously deceased spouse. In addition, if the children are young, assets from the QTIP Trust can be held in another trust, under the control of an independent trustee. This approach can prevent estate assets from falling under an ex-spouse’s control. It can also protect your children’s inheritances from threats like creditors, lawsuits, and even your heirs’ poor decisions if they are not yet ready to manage an inheritance on their own.

To learn more about planning for second marriages and blended families, contact us for a personal meeting to discuss your particular needs and goals.

Smiling young man

The Gift That Keeps on Giving: Paying Your Grandchildren’s College Tuition

Paying your grandchildren’s (or adult children’s) college tuition is one of the greatest gifts you can make. The education lasts a lifetime and opens a world of opportunity for your grandchildren. In a way, it is like giving a gift to your children as well, since it alleviates their concerns about paying for their children’s education on their own. And when done correctly, the gift of a college education can be an excellent estate planning tool.

Smiling young man

One way to help pay for your grandchildren’s education is to simply give them part or all of the money to cover tuition. The gift tax exclusion is currently $15,000 per person per year, and $30,000 for a married couple, which can go a long way toward covering the tuition for most colleges. Of course, giving the money to your grandchildren directly carries with it a big risk. Are they genuinely interested in using the money to get an education, or will they suddenly decide a year abroad, funded by your gift, might “better prepare them” for college?

A safer approach is to pay the college directly. In this case, the tuition payment is exempt from gift taxes, meaning you could also make a gift to cover other expenses such as room and board, books and other fees. The same $15,000/$30,000 gift tax exemption mentioned above still applies.

Finally, you could contribute to a 529 college savings plan, which is offered on the state level. A 529 plan is a college savings account that is exempt from federal taxes. 529 plans were introduced in 1996 to help taxpayers set aside college expenses for a designated beneficiary. Named for Section 529 of the federal tax code, these plans often have tax benefits at the state level for in-state residents. (This applies only in states that have an income tax.) If the maximum deduction is exceeded in a calendar year, the deduction can often roll over into later years. It is important to note that each state enforces a specific total contribution limit, which are typically between $235,000 and $520,000.

Some of these plans allow for the use of various investment options. Others, known as prepaid tuition plans, let you lock in at the current cost of tuition in place of the future cost. A 529 account is not owned by the grandchild—in most cases, one of the parents owns the account, so if your grandchild does not attend college when the time comes, he or she cannot access the money. Similarly, if your grandchild doesn’t want to attend a university covered by the 529 account, allowances can be made to use the funds elsewhere.

Before deciding whether to pay your grandchildren’s tuition using any of these strategies, you must first ask yourself one very important question: “Can I afford it?” You need to consider not just if you can afford it today, but whether you will be able to afford it ten, twenty years down the road. We can help you determine whether you can indeed afford to help your grandchildren pay for college, and if so, the best strategy for your particular situation. Contact us today to schedule a consultation.

widows, estate planning, medicaid

The Financial Difficulties Faced by Widows

Losing one’s husband is difficult enough in and of itself. Unfortunately, many widows must also contend with the financial consequences of the loss of their husbands. According to government figures cited in a New York Times article, the household income for widows typically drops 37 percent after a spouse dies, far more than the 22 percent income decline experienced by men who lose their wives. The assets of widows also tend to fall substantially more than those of widowers. This is compounded by the fact that women typically live longer than men. Census figures indicate that one in four women from 65 to 74 are widows. By the age of 85, three out of four women are widows.

widows, estate planning, medicaid

To make matters worse, even couples with estate plans often fail to address the need for adequate income that will be faced by a surviving spouse. Talking about income, especially with regard to the aftermath of a spouse’s death, is emotionally difficult.

Cindy Hounsell founded the nonprofit Women’s Institute for a Secure Retirement two decades ago when she discovered just how many women face financial difficulty in their retirement. During her workshops, she meets women who tell her they are too afraid or timid to ask their spouse the question “Am I going to be okay if you die?” Ms. Hounsell also notes that many women are not adequately involved in family finances. To help women prepare for their financial lives in the future, her institute offers checklists for financial readiness, pension plans, savings and investment, and some checklists geared specifically toward widows.

“Women need to know where things are — life insurance policies, safe deposit boxes and keys, investment accounts — all of it,” said Hounsell. “We also tell women they should have their own accounts, an extra stash of money that’s not just for emergencies, and their own credit cards.”

Other asset and income management issues married women need to find out about include when the mortgage on the home will be paid off, whether there is a 401(k) or pension plan for one or both spouses, and if the couple owns investment property or several bank accounts. One of the most complicated issues is often determining how to obtain the maximum payment from Social Security, which is an important source of income for many older women.

The New York Times article also points out that studies show people in general are not saving enough to meet their needs in retirement. The federal government has created a website, aging.gov, to provide all Americans, not just widows, with a wealth of helpful information about better understanding retirement and other issues relevant to seniors and their loved ones.

Will an inheritance spoil your children? | BT

The Risks of Giving Adult Children an “Advance” on Their Inheritance.

There are many reasons you might consider giving your adult children a portion of their inheritance now, while you’re alive and well. Maybe you’ve seen your nest egg grow thanks to a robust stock market, and you have more in savings than you thought you would at this stage of your life. Perhaps you and your spouse enjoy excellent health and have received nothing but good checkups for years, so you’re not overly concerned about medical expenses. Or maybe just want to be there to experience how your financial assistance helps your children pursue their dreams and achieve their goals.

Will an inheritance spoil your children? | BT

While many parents would like to help their adult children financially as much as possible, before acting on your generous inclinations you should consider a number of potential problems.

For instance, what if one of your children could use some help right now, perhaps with paying off student loans or starting a business, while your other children don’t need any help? If you give one child money, are you required to give the same amount to each of your children, regardless of need? Your other children may very well think so. Do you really want to set the stage for the family drama that could unfold by violating the “fairness principle?”

Of course, you could tell the recipient of your gift, along with your other adult children, that the gift will be deducted from the recipient’s inheritance when you pass away. This might solve the problem, but then again, it might not. As you’ve no doubt learned by now, your “kids” may be grown up but that doesn’t mean sibling rivalries and other powerful emotions from childhood simply disappear.

Another factor to consider, particularly with respect to large gifts, is whether your children are mature enough to handle a sizable amount of money on their own. It’s one thing to watch your children make sound financial decisions and achieve success as a result of your generosity, but quite another to watch them squander the money you worked so hard to attain and preserve. If your children use your gift in ways you never intended, will you resent it? Will they resent you for having “strings attached” to the gift?

Finally, while you and your spouse might be healthy now, people are living longer than ever before. The majority of us will require long-term care at some point in our lives. Long-term care is already expensive, and costs are expected to increase significantly in the future. Even basic services are expensive: According to the Fidelity Retiree Health Care Cost Estimate, an average retired couple age 65 in 2021 may need approximately $300,000 saved (after taxes) to cover health care costs in retirement.

We never really know what the future holds. Change is the essence of life, and your situation could change dramatically in the years ahead, hopefully for the better but maybe for the worse. The last thing you and your spouse want is to discover five, ten, or twenty years down the road that you no longer have the money to support yourselves, let alone afford the lifestyle you have now.

What you do with your money is your business, of course. Just think long and hard before giving your adult children a significant financial gift. As always, we are here to help.

family man

Managing Your Loved One’s Legal Needs: A Checklist for Caregivers

Serving as a caregiver may require you to oversee your loved one’s legal affairs. A recent article on AARP’s website addressed this issue and included a legal checklist for Caregivers. Here are the highlights.

Obtain Essential Legal Documents

Your loved one should have the following key legal documents: a Will, a Power of Attorney, and  Advance Directives. We will discuss these documents in greater detail later. For now, it is important to note that these documents should be created, signed, and witnessed while your loved one is still capable of making legal decisions on his or her own.

Get the Whole Family Involved

It is important to have everyone in the family participate in caregiving decisions whenever possible. You may even want to put into writing “who is responsible for what.” While this is not a legal document, it can help avoid disagreements in the future.

Love One Another - Focus on the Family

Organize Your Loved One’s Important Papers

In addition to the essential legal documents mentioned above, you’ll want to find and organize a number of other documents, including:

  • Birth and Marriage Certificates
  • Divorce Decree
  • Citizenship Papers
  • Death Certificate of a Spouse or Parent
  • Deeds to Cemetery Plots
  • Military Discharge Papers
  • Insurance Policies
  • Pension Benefits

Investigate Opportunities for Financial Assistance

There are a number of programs and services available to elders and/or individuals with disabilities. These include Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), veterans benefits, the Supplemental Nutrition Assistance Program, Medicare, and Medicaid. You can use online tools like the AARP Foundation’s Local Assistance Directory and the National Council on Aging’s Benefits Checkup to determine local, state, and federal programs for which your loved one might be eligible.

 

You should also examine your loved one’s retirement and insurance plans to see if any of them cover in-home care, skilled nursing care, mental health services, physical therapy, and other forms of short-term assistance. Your loved one’s life insurance policy might even provide accelerated death payments to help pay for long-term care.

 

Also, if you must take a leave of absence from your job to care for a loved one, you may be eligible for up to 12 weeks of unpaid leave under the federal Family and Medical Leave Act. In addition, some employers offer paid family leave, and five states (New York, New Jersey, Rhode Island, Washington, and California) plus the District of Columbia have laws mandating paid leave for caregiving. Several other states are set to implement such laws by 2023.

Explore Tax Breaks and Life Insurance Deals

Your loved one may be able to receive federal tax deductions for health care expenses such as a wheelchair or hospital bed, remodeling the home to make it more accessible, and hiring a short-term or part-time home health aide to provide respite for the primary caregiver. Be sure to save receipts for all medical expenses.

 

You can read the entire AARP article here:

https://www.aarp.org/caregiving/financial-legal/info-2020/caregivers-legal-checklist.html