One thing is certain: we Americans love our pets. The American Pet Products Association estimates that in 2016, pet owners will spend a record $62.75 billion on their dogs, cats, birds, reptiles and other domestic animals. This isn’t just because we’re pampering our pets more, although that’s certainly part of it; it’s also because the overall costs of pet care are increasing, from the food we buy to veterinary visits. So what happens to your pet when you pass on? How can you be assured that one of your friends or loved ones will adopt your dog or cat, let alone pick up the tab for their ongoing care and feeding? Just like anything else, it’s a matter of planning; if you don’t plan for the care of your pet when you die, who will? If you’re like most pet owners, you want to believe that your dog, cat or other beloved pet will be okay once you’re gone. The only way to be certain, however, is to plan for it. Let’s look at 12 key insights to help you and your family plan for the future well-being of your pet. Insight 1: If you don’t plan for the care of your pet after you’re gone, you are leaving your pet to the mercy of others. Sadly, we see it all the time: someone passes on, and no one wants to take responsibility for the dog, cat or other pet left behind. You might assume that a family member or loved one will simply adopt your pet, but quite often this is not the case. Family members may live at a distance or work long hours; or perhaps they’re allergic to pets or afraid to introduce an animal into a home with small children. Perhaps they can’t afford the extra cost, or perhaps they just don’t feel the same attachment to your pet as you do. Whatever the case, if you don’t specify how your pet is to be cared for when you’re gone, you are gambling on the mercy of others, and that gamble often doesn’t pay off. Too many pets get taken to shelters—or worse, abandoned or euthanized—just because their owners made an assumption rather than making a plan. Insight 2: Lack of planning is the primary reason your pet would be left alone. It’s a simple concept: you can’t expect what you have neither asked for nor planned for. No one, whether family or friend, is obligated to take care of your pet unless you have made prior arrangements, and without those arrangements it’s far more likely something undesirable will happen. On the other hand, if you express your wishes for your pet’s provision in advance, along with setting aside provisions for your pet, your wishes are far more likely to be carried out. Insight 3: A pet trust is the most reliable way to enact your wishes for your pet after you’re gone. A pet trust works exactly the same way as any other trust: you set aside money in a fund, naming your dog, cat, bird or other pet as the beneficiary, along with instructions for the pet’s care. It’s the best way to safeguard your pet’s future when you are no longer able to care for the pet yourself. Insight 4: Pet trusts are more common than you think. More and more owners are now including their pets in their estate planning, and legislators are responding in kind. There are laws that specifically allow pet trust planning in all 50 states and the District of Columbia. Insight 5: A pet trust component can easily be added to an existing trust. A pet trust can easily be incorporated into an existing or new living trust, although in some cases you might set up a separate trust. Most people choose to incorporate their pet trust into their “main” living trust in much the same way that they incorporate trusts for family members or charity, rather than setting up a separate trust. Insight 6: A pet trust can be triggered by incapacity. One of the most valuable features of a pet trust is that you can include instructions for the care of your pets if you become incapacitated. This means the provisions of your pet trust go into effect if you can’t care for your pet because of temporary or permanent incapacity. This provision ensures your pet will be cared for while you’re in the hospital, in rehab, or in a nursing home. Insight 7: You can be as specific as you want to be with your instructions. Do you want your dog to be fed only a certain brand of food? Does your cat need to go to the vet four times a year? Are there certain medications your pet must take? Do you want the dog taken to the park at least twice a week? These and other types of instructions can all be included in your pet planning, helping to preserve not only your pet’s health, but also its routines, habits, and quality of life. Insight 8: You decide who cares for your pet in your absence. In a pet trust, you may designate a specific person to be the caretaker for your pet when you’re gone. If a certain family member or friend has bonded with your dog or cat, for example, that person is more likely to understand your pet’s needs, and to respect your wishes as to how to meet those needs. Insight 9: You can appoint a separate trustee, if necessary. In many cases, the designated caretaker will also act as the trustee—the person in charge of the funds you’ve set aside for your pet. However, if circumstances call for it, you may opt for the caretaker and trustee to be two different people. If your pet trust is an amendment to a larger trust, the pet trustee can also be designated separately from the main trustee. Everything can be customized based on your circumstances, needs, and desires. Insight 10: You can choose a contingent caretaker and/or trustee. What if the person you chose as your pet’s caretaker or trustee is unable or unwilling to fulfill those responsibilities when the time comes? A pet trust enables you to appoint contingency choices to these positions to allow for any unforeseen circumstances, further securing your pet’s future. Insight 11: Your pet trust can dovetail into charitable giving. What happens if there is money left over when your pet passes on (as you hope there will be)? How do you decide how much money to designate to the care of your dog or cat? Your pet trust can be structured so that any surplus funds will go to charitable giving, perhaps to an animal charity of your choice. This way, you can provide generously for your pet knowing that any extra money will go to a good cause. Insight 12: Pet planning means greater peace of mind for you and your family. It’s remarkable how a simple act like planning ahead can eliminate so much stress from a difficult situation. By arranging for the care of your pet, not only will you enjoy greater peace of mind, but your loved ones will also rest easier knowing there is a plan and provision in place for your beloved pet. Don’t run the risk that your dog, cat, bird or other pet will be neglected – or worse – when the time comes. Call us today to discuss your options for setting up a new pet trust or adding a pet trust to your existing estate plan. We are here for you and your entire family.
Read More
As Valentine’s Day brings heart-shaped chocolate boxes and roses by the dozen into your imagination, seize the moment to learn about the drawbacks of “I love you” wills and introduce yourself to the estate planning move that’s actually going to ensure you do well by your loved ones: a lifetime beneficiary trust. Rise above the misconceptions No aspect of estate planning brings out as much emotional decision-making as the division of assets. Many people think, “I love you,” so I’ll leave you everything. In order to understand why “I love you” wills are, contrary to their name, not the most caring of estate planning gestures, it’s important to understand the risks of “I love you” wills. Simply put, an “I love you” will is a common name for a will in which the maker leaves all of his or her assets outright to his or her surviving spouse. Many people consider or even use this approach because they think that leaving assets in trust shows they don’t trust their spouse. They may also think that a lack of federal estate taxes protects their assets from getting into the wrong hands. Sadly, many people also think that a will can be used to avoid probate. Unfortunately, none of these things are true. Understand why “I love you” wills aren’t effective Say you want to make sure your spouse, Lisa, gets access to your wealth upon your death. In the case of an “I love you” will, Lisa will have to go to the probate court in order to validate your will and ultimately transfer the assets. Since Lisa receives the assets outright, Lisa’s estate plan will eventually control the distribution of whatever assets are left at her death. This could be a significant problem because Lisa could alter her estate plan at any time. Any verbal agreements about what will be done with those assets could go out the window, contrary to your wishes or any agreements you may have made. You could inadvertently disinherit your children. If you use an “I love you” will, your assets are now Lisa’s assets for her to leave however she wants. For example, Lisa could leave her assets to her own kids, a charity, a lover, or a new husband. Likewise, assets left outright to children could be lost in a divorce. Basic planning with outright inheritance sets your heirs up for asset protection issues. Once your assets are owned outright by your beneficiaries through a direct inheritance, those assets can be seized by creditors, divorcing spouses, or lost in bankruptcy. Even if your estate is below the exemption for the death tax, predatory creditors and lawsuits could still spell trouble. These wills still have to go through probate. Surviving spouses do not receive an exemption from probate. Even a simple will still has to go through the process, which you may not be anticipating — especially if you had hoped to keep the details of the will private. Trusts, however, don’t need to go through probate. An “I love you will” does not protect against guardianship or conservatorship court involvement for you or for your beneficiaries. For example, if you leave all of your assets to Lisa and she develops dementia, her entire estate (her assets plus the inheritance she received from you) could be under the control of a guardianship or conservatorship court. Basic plans pile more assets into survivors’ estates. Although portability between spouses can help, it still doesn’t prove useful with the generation-skipping transfer tax (GSTT). Portability isn’t available for non-spouse beneficiaries. This will only affect a very narrow group of people with very high net worth, and we don’t know yet what will happen with tax policy under the new Trump presidency. In a changing tax policy landscape, keeping yourself as informed as possible is an important tactic for ongoing success. Explore lifetime beneficiary directed trusts Comprehensive, trust-based estate planning with lifetime beneficiary trusts is a better option than outright inheritance for surviving spouses, children, grandchildren, or other beneficiaries. If you leave your assets in lifetime beneficiary trusts, you retain control over where assets end up in the long run. Plus, your beneficiaries obtain robust asset protection features that can keep wealth safe from courts, creditors, and divorcing spouses. Your family’s private information can stay out of public record. You can also take advantage of more sophisticated tax planning than you can with a basic will or trust with outright distributions. With this approach, you can focus enjoying your life with the knowledge that a qualified estate planning attorney is working for your best interests now as well as down the road. Now that’s something to love and truly expresses “I love you” to your beneficiaries.
Read More
Welcome to 2017! We hope you’re recovering nicely from the holidays and settling back into a routine. As you assess your goals for the year ahead, take a moment to review your legacy planning. You’ve hopefully already handled a few key pieces—set up and funded a trust, signed a will, created a power of attorney, etc. But does your plan offer you and your family the greatest possible protection for the circumstances in your life right now? Ask yourself these questions: Does your plan provide adequate safeguards to prevent disputes and confusion among your family if you become incapacitated or upon your death? Does your plan designate someone and provide appropriate authority to a person you trust to handle your affairs if you are unable to do so? Does your plan protect your heirs and their inheritances against financial mismanagement, lack of foresight, bankruptcy, divorce, or court interference? Have you had your trust, will, and other documents professionally reviewed in the last two years? If you answered an enthusiastic “yes” to each of these questions, then you are probably doing pretty well on your estate planning. Of course, there are other reasons to discuss or update your plan, like the tax changes that are probably coming under the Trump administration, so always feel free to call us if you have questions. On the other hand, if you can’t answer an enthusiastic “yes” to each question, that’s okay. Effectively transferring wealth to the next generation can be a tricky business. Read on to learn more about how we can incorporate the power of trusts into your legacy plan. How trust-based planning gives you more control and flexibility Placing your assets in trust provides protection for you and your family. If you become incapacitated, your successor trustee can step in to fulfill your stated wishes. You also get greater power and flexibility over how your wealth is distributed to your heirs, providing them with long-term protection against court control, divorce, bankruptcy, and financial mismanagement. To illustrate, let’s look at two scenarios: SCENARIO 1 Through hard work and saving, you’ve accumulated an estate worth $300,000, which includes a home, a bank account, and a life insurance policy valued at $100,000 each. You want to divide these assets equally to your three children, Alisha, Becky, and Cameron. You name Alisha as a joint tenant on the bank account, Becky as the beneficiary of the life insurance policy, and set up a transfer on death deed for Cameron to receive the house upon your death. But over time, you decide to sell the house and deposit the money in the bank account, and you cancel the life insurance because the premiums were increased. If you pass away at this point, what happens? Without a trust: Becky and Cameron receive nothing because there is no house and no life insurance policy. Alisha receives the $200,000 bank account (minus the costs of probate and taxes), and she has sole discretion at that point over whether to share with her siblings. Alisha’s inheritance is also at risk from seizure by a bankruptcy court or a divorcing spouse, since she receives it outright and there’s no trust “wrapper” protecting it. This is not an ideal result for anyone in the family. With a trust: By placing all your assets into a revocable living trust and naming the trust as the beneficiary of the life insurance policy, you avoid the piecemeal approach from above. Your trust essentially becomes the clearinghouse for the management and distribution of all your assets. Even if the life insurance lapses, your successor trustee will divide whatever assets are in the trust amongst your children equally, all without probate costs. In this case, Becky, Cameron, and Alisha would split the $200,000 bank account (minus any taxes and trust administration expenses). Another advantage of the trust is that you can create lifetime trust shares rather than outright distributions, which protects each child’s inheritance against bankruptcy, creditors, divorce, or a spending spree. SCENARIO 2 After working and saving for 30 years, you’ve accumulated $500,000 in your retirement account, to be divided equally among your five children. For now, let’s focus on your youngest, an impulsive 23-year-old, Tim, who hasn’t learned how to handle money properly. What happens to Tim’s portion when you pass away? Without a trust: With a plain-old beneficiary designation, Tim can withdraw all the money at any time. Of course, as Tim cashes in the account, the government swoops in and takes about a third of it for taxes. Instead of reinvesting the remaining amount, he spends it, perhaps on a sports car he’s always wanted. At this point, his inheritance (a depreciating sports car) is vulnerable to many pitfalls, from physical damage from a crash to a forced sale to pay for debts, divorce settlements, or other situations. Best case scenario: his wealth no longer grows, but instead shrinks. In seems that Tim certainly did not receive any long-term benefit from his inheritance. With a trust: It’s not only revocable living trusts that you need to have in your estate planning toolkit. By setting up a standalone retirement trust (SRT), you can control how Tim receives his portion of the inheritance. The “stretch-out” feature of the SRT allows the account to continue growing tax-deferred over Tim’s expected lifetime while the trustee distributes a minimum amount each year. Although Tim won’t have the benefit of instant gratification, his $100,000 inheritance can result in millions over the years, enabling him to afford multiple sports cars if he wants them. Additionally, this trust protects his inheritance against creditors, ex-spouses, and others risks. An SRT provides flexibility to customize the distribution of your IRA separately for each beneficiary, so they each receives the maximum benefit or their situation. For example, if you have another adult child facing financial difficulties and possible bankruptcy, you can structure the trust so the trustee can delay payments and protect the inheritance from the bankruptcy court. These are just two brief examples of how trust-based estate planning gives you greater flexibility and benefit to your family. No matter what type of estate planning circumstance you have, there’s probably a trust that can help you achieve your goals. If you are interested in learning more about trust-based planning or would like to discuss your specific needs, please call anytime.
Read More
Friendly people, great office location, reasonable price, did excellent job – no problem. I have used a number of other law firms over the years, and I highly recommend Gudorf Law Group. Read More