So Happy Together…

Many of our clients come to our firm not just for an estate plan, but as part of a larger goal to get serious about their finances and protect their assets and family. An estate plan is a HUGE step toward that goal, but it is only one step. Other steps include being proactive about your taxes, reviewing your investment portfolio, and creating a solid retirement plan.

Our firm can give you the very best estate planning and asset protection, but the other steps may require the help of a financial advisor. Each client’s situation is different, of course; you may already have a financial advisor and have taken these other steps (many of our clients are at our office on the advice of their financial advisor, in fact), but if you haven’t, finding an advisor you are comfortable with can be a challenge.

Because estate planning and financial planning go hand in hand, our firm has relationships with a number of top notch financial advisors, and we are happy to make the introductions. Having an estate planner and financial planner who are already acquainted can have many benefits. In addition to getting a referral from a source you already know and trust, you can be sure that any financial advisor we recommend has already been vetted, and all communication and collaboration between us for your benefit will be smooth and effortless. Don’t hesitate to call and take advantage of our experience.

If you still choose to search on your own, this article in The Wall Street Journal has suggestions on how to interview and choose the best financial advisor for your family. Either way, be aware of all the steps needed to reach your ultimate goal of financial security.

Sharing the Nest When Adult Children Fly Home

If you have adult children then you know that it’s more than just credit limits and investment accounts that have been affected by the slow economy; companies also are tightening their belts, and people of all ages are finding it harder to get (or keep) jobs. As a result, more and more adult children have been moving back in with their parents.

Of course every parent wants to do what’s best for their child, but Ruth Mantell of the Wall Street Journal writes in her article that in this case, being tough may be what’s best. This isn’t to say that you should refuse if your out-of-work child comes to your door asking for help, but that parents or grandparents need to do what’s necessary to protect themselves before they welcome their adult children back home. “With job losses continuing to mount, older Americans’ wallets are being stretched by their own children,” Mantell writes, but having your adult children back in your home can actually be a good experience for all—if you know what to expect and take the right steps first.

In her article Mantell offers five useful tips to help keep the peace and keep your finances secure, including suggestions such as making sure everyone knows who is boss (you as the homeowner), asking for household contributions (even if all your children can afford is a token financial contribution or a contribution of manual labor), and especially preserving your retirement plans at all costs.

Although the practice has fallen out of style, multi-generational households used to be the norm. It may not be the ideal situation today, but with the right communication, and with everybody on the same page, temporarily sharing the house with your adult children can be an acceptable—and maybe even rewarding—experience.

Communication is Key When Planning for the Future

How often do you and your spouse talk about the financial aspect of your retirement? For that matter, how often do you talk about finances in general? New Research by Fidelity has found that an alarmingly high number of couples barely communicate about their finances at all. In fact, “only 15 percent of couples feel confident that both of them could assume responsibility for their joint finances if necessary”.

Retirement planning is one of the leading areas in which spouses have a failure to communicate, according to the research. After the recent market turmoil, people have new and greater concerns about their ability to retire comfortably, but they aren’t talking about it. And lack of communication means a lack of planning: “Although couples agree about their top financial concerns in retirement, they have not developed better planning habits. In fact, nearly 10 percent fewer couples report they had completed critical plans – be that a retirement plan, an estate plan, or a will — as compared to 2007.”

Although the temptation to bury your head in the sand may be strong, talking with your spouse—and then with a trusted professional—to create quality retirement and estate plans is essential, and will bring incredible comfort and security to you and the rest of your family. If talking about finances is not something that comes naturally to you and your spouse, a good way to get started is to make an appointment with a professional who can lead you through the process together.

Talking about money doesn’t have to be scary. Learning together and making plans for the future will not only strengthen your financial situation, it can also strengthen your relationship.

Your Family Law Firm

We write a lot on our blog about the separate pieces of an estate plan, the unique financial challenges facing adults these days, or each of the many individual concerns we face in the course of keeping up with the present and planning for the future; but today we want to look at the big picture. We strongly feel that planning for the future—really taking care of your family and loved ones—is not about individual pieces, it’s about seeing how those pieces fit together and make up the whole. Which is why, whenever we can, our firm takes a comprehensive approach to protecting your family and your future:

Providing for young children: We know that one of the hardest things to do as a parent is to try to imagine your child’s life without you. We also know that getting over that hurdle and choosing the best guardians for your child and creating a trust designed for their unique needs can bring a world of comfort.

Providing for elderly parents: Baby boomers are not called “the sandwich generation” for nothing. Having an attorney who can help you with the guardianship of minor children and then turn around and help you understand the ins and outs of Medicare for the benefit of your aging parents is not only convenient, it’s essential.

Planning your own retirement: The process of creating an estate plan forces you to get all of your ducks in a row, including your retirement and investment accounts, and we can help. In addition, our firm can help you understand (and execute, if desired) a Retirement Trust, which not only extends your retirement fund past its initial payout date, but gives you more options for distributions.

Saving for college: We can help you make sure that your college-age children will have the wherewithal to follow their (and your) dreams for education in the event that anything happens to you. An education trust is the perfect way to provide for your children’s schooling.

Investing in the future: The future is the business of an estate planning attorney, whether it be protecting your life insurance policy for your family, saving your property from probate fees, or minimizing your taxes.

We know that it’s not easy finding someone you can trust with your family security and finances. Our compassion and expertise make us more than just an estate planning firm, a probate specialist, or an elder law firm—we’re your family law firm.

Retirement Fantasy Turned on its Head

People used to think that retirement was a time of placidity and relaxation, a time when all of life’s big surprises were behind you and most days and years would now bring an unchanging idyllic existence…

It seems unlikely that this was ever an accurate portrayal of any phase of human existence, including retirement, but people seemed satisfied to believe it at the time. Recent events, however, have put retirement under some serious scrutiny, and what has been found is that (especially lately) retirement is just as fraught with losses, gains, and unexpected changes as any other time of life—perhaps more!

In retirement, as with anything else, foreknowledge and preparation can make all the difference. This recent article in U.S. News and World Report entitled 5 Big Financial Changes for Retirees in 2010 can help prepare retirees for what’s ahead. And in spite of what general opinion would have you think, the news isn’t all bad! New Roth IRA rules and a suspension of mandatory retirement plan withdrawals are two changes that will work in retirees’ favor. But taking advantage of these changes could have a negative effect on your 2009 tax return if you don’t take precautions.

Contact your financial advisor or estate planning attorney for the low-down on how to best use, protect and preserve your retirement income. With the right preparation, you just may be able to have that relaxing (if not completely care-free) retirement after all.

A Realistic Look at the Future

How are you feeling about your retirement these days? According to Chuck Jaffe’s article in MarketWatch most people’s answer to that question is not so good. According to Jaffe, Americans are losing confidence in the market’s ability to support their retirement (with good reason), and the most common reaction to this lack of confidence is to reassess their future and plan to put off retirement a few years. But what if your retirement date isn’t a matter of choice?

The tagline of Jaffe’s article is “Raise Retirement Satisfaction By Lowering Your Standards”, but what Jaffe really seems to be saying is not so much “lower your standards” as be educated about the market and realistic about your standards. “Getting a better handle on your future — so that you can either say today you’ll be able to live comfortably in retirement or make plans that raise your comfort level in time — requires sound knowledge of where you actually stand today. That requires taking inventory of your assets, expenses and plans.”

This is sound advice not just in retirement planning, but in any kind of planning—including estate planning. There is a lot of conflicting information out there, and a lot of assumptions; our firm can help you navigate the terrain and make an informed choice about your future.

The Girlfriend’s Guide to Retirement Planning

There is a joke about women and retirement in which a mother turns to her child and says something along the lines of “after all I’ve done for you; I expect you to keep me in the style to which I plan to become accustomed when I’m old.” The quip may well make you chuckle, but the reality is that women and retirement is no laughing matter. In most families it is the woman who puts her career on hold to care for young children—which means she’s also putting her retirement savings on hold. Add to this the fact that women still earn only about 80% of what men earn AND the fact that women are expected to outlive their male counterparts by 5.2 years and what you get is a large portion of the female population that is woefully unprepared for retirement.

There was a time when women could expect their husbands to take care of them, but it’s time now for women to take charge of their own retirement. Even without the growing divorce rate emphasizing the need for individual rather than “family” retirement plans; the falling economy, rising health care prices, and growing need for long term care insurance make it all the more necessary for women to take responsibility for their own retirement funds.

Finances can be a daunting topic for women, and there are always excuses to put off planning for another day, says Dianne Webster in her article “What Women Need to Know About Retirement”, but women can’t afford to put it off any longer. Webster helps women take the bull by the horns by providing some good common-sense steps to help them get started with their retirement planning today.

Being in charge of your financial future is more important now than ever before. Women, don’t take chances with your golden years, start planning for your future now.

How to Get the Perfect Retirement Home—and Get it Now

It has been said that the best investment one can make is in land; real estate. this is especially true now, when housing prices are at an all time low, and even more true if you are in a position to begin thinking about your retirement—and your retirement home. While some people are worriedly watching falling real estate prices, others are taking advantage of the housing dip and planning for their later years by purchasing the retirement home of their dreams.

The thought of making such a big purchase can be a frightening one when everyone else you know is hiding money under the mattress. But if done the right way, and with the right guidance, it can end up being the best move you’ll ever make for your retirement. Dan Kadlec of CNNmoney.com shares four steps to taking the leap and landing the best deal in his article Home Sweet Retirement Home.

Kadlec’s advice is just what the doctor ordered, especially his suggestion that you “drive a hard bargain.” As a culture of retail stores, where everything comes with a price tag, many of us have forgotten the fine art of bargaining. But Kadlec reminds us that this is a buyer’s market, and there’s nothing wrong with a little bit of haggling—especially if you’re the one with the upper hand. He also advises that you know what you can afford. Don’t let the spirit of bargaining carry you away. Know your limits and stick them!

But perhaps Kadlec’s best advice is to “pick your sweet spot”. This is the place where you will be spending your golden years, where your grandchildren will come to visit, and where you’ll spend those lazy days of retirement sitting on the porch and watching the sun set. Don’t just pick any place because it’s a deal; pick the place you’ll be happy to wake up in every morning.

No RMDs in 2009

A bill that has passed the U.S. House and Senate, and which is expected to be signed by the President, allows taxpayers to not take their Required Minimum Distributions out of their IRA’s or other retirement accounts in 2009.

Typically, in the year when a person who has IRAs or other retirement accounts turns 70 ½ they must begin to take Required Minimum Distributions (RMD) from those accounts.   Each year thereafter they must take a slightly larger percentage of their assets out of those accounts.   If the person with the IRA doesn’t take their RMD, they are assessed a hefty penalty.   The bill that recently passed the U.S. House and Senate, H.R. 7327, eliminates the penalty for not taking a RMD in 2009.   The intent of HR 7327 is to help taxpayers by not forcing them to withdraw money from their retirement accounts which may have lost significant value because of the recent downturn in the economy.   Additionally, people who were subject to the “five-year rule” for withdrawals, and are within their “five years,” will not be forced to withdraw funds in 2009 and the timeframe to complete their withdrawals will be extended by one year.

This law provides and opportunity for people who don’t need to take an RMD, but are required to because of their age, to allow their retirement accounts to recover during 2009 before taking their required minimum distributions again in 2010.   Please remember this important change before determining whether or not you will take money out of your IRA or retirement account in 2009.

Lastly, this change is only for 2009, not for this year, so don’t forget to take your RMD for 2008.

Good News, Bad News

There’s good news and there’s bad news. The good news is that modern medicine and healthier lifestyles mean that we’re leading longer lives. In fact, life expectancy in the United States is starting to push 80 years of age. As recently as 1970, that expectancy was 70.8 years of age.

The bad news is that we are in danger of outliving both our money and our ability to care for ourselves. Recent turmoil in the stock market, where many retirees are heavily invested, has only highlighted the anxiety felt by seniors who fear they will run out of money, an issue explored in this article from Reuters news service.

Good estate planning needs to cover what will happen when you die, but also needs to take into account what will happen if you don’t—at least anytime soon.