March 26, 2011

Illinois Estate Planning and Roth IRAs

The maximum contribution to a Roth IRA in 2010 and 2011 is $5000, and if you are 50 years or older by the end of the year it is $6000. The top modified Adjusted Gross Income (AGI) for a full contribution for Single individuals in 2010 is $105,000 and in 2011 is $107,000. The AGI for Married individuals filing jointly is $167,000 in 2010 and $169,000 in 2011.

Typically, individuals choose to convert to a Roth IRA because they believe their taxes will be higher in retirement or they are decades away from needing the cash. However, a Roth is an excellent way to pass on wealth. There is no distribution requirement with a Roth as there is with a traditional IRA. Once funds are in a Roth, you will never have to pay income taxes again and neither will your children, grandchildren or anyone else who inherits the Roth account.

Keep in mind that a conversion from a traditional IRA to a Roth is worthwhile only if you can pay the taxes for the conversion from outside savings.

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March 19, 2011

Illinois Gifting to Grandchildren

Gifting assets to your grandchildren can reduce the size of your estate and the tax that will be due upon your death.

You may give each grandchild up to $13,000 a year without having to report the gift. If you are married, both you and your spouse can make such gifts. For example, a married couple with four grandchildren may give away up to $104,000 a year with no gift tax implications. In addition, the gifts will not count as taxable income to your grandchildren (although the earnings on the gifts if they are invested will be taxed).

You can pay for educational and medical costs for your grandchildren. There is no limit on these gifts, so you can pay these expenses in addition to making annual $13,000 gifts. But you must be sure to pay the school or medical provider directly.

Uniform Gifts to Minor Act (UGMA) and Uniform Transfers to Minors Act (UTMA) allow grandparents to establish a custodial account for a minor child. Since the account is in the name of the child, the tax liability can be shifted to the child, who is presumably in a lower tax bracket. Gifts to such accounts are irrevocable, and the custodian must turn the funds over to the child when he reaches 21 years of age. Until that time, the grandparent retains control of the money and decides how it will be invested.

A Gift Trust has tax and estate planning advantages, the grandparent controls the funds and the money does not affect a grandchild’s eligibility for financial aid. In particular, transferring funds to a Gift Trust offers the following benefits:

1) You can reduce the size of your estate by transferring up to $13,000 into each trust you create for each grandchild. No gift taxes will be due in connection with the transfers;

2) Although the trust owns the assets, you control them as trustee and can decide what type of investments to make;

3) Income earned by the trust from amounts that you have deposited will not be taxed to you; the trust pays the taxes;

4) Amounts deposited in the trust, and the income earned from those funds, will be used for the benefit of your grandchildren; and

5) You can provide that the trust terminate at any age you specify.

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March 12, 2011

Signing Up For Medicare

You become eligible for Medicare as soon as you turn 65, and delaying your enrollment can result in penalties, so it is important to act right away.

There are different options to consider when signing up for Medicare. Medicare consists of four major programs: Part A covers hospital stays, Part B covers physician fees, Part C permits Medicare beneficiaries to receive their medical care from among a number of delivery options, and Part D covers prescription medications. In addition, Medigap policies offer additional coverage to individuals enrolled in Parts A and B.

Medicare enrollment begins three months before your 65th birthday and continues for seven months. If you are currently receiving Social Security benefits, you do not need to do anything. You will be automatically enrolled in Medicare Parts A and B effective the month you turn 65. If you do not receive Social Security benefits, then you will need to sign up for Medicare by calling the Social Security Administration at 800-772-1213 or online at http://www.socialsecurity.gov/medicareonly/. It is best to do it as early as possible so your coverage begins as soon as you turn 65.

If you are still working and have an employer or union group health insurance plan or if you are retired and still covered under your employer’s health plan, it is possible you do not need to sign up for Medicare Part B right away. You will need to find out from your employer whether the employer’s plan is the primary insurer. If Medicare, rather than the employer’s plan, is the primary insurer, then you will still need to sign up for Part B. Even if you are not going to sign up for Part B, you should still enroll in Medicare Part A, which may help pay some of the costs not covered by your group health plan.

If you don’t have an employer or union group health insurance plan, or that plan is secondary to Medicare, it is extremely important to sign up for Medicare Part B during your initial enrollment period. Your Medicare Part B premium may go up 10 percent for each 12-month period that you could have had Medicare Part B, but did not take it. In addition, you will have to wait for the general enrollment period to enroll. The general enrollment period usually runs between January 1 and March 31 of each year.

With all the deductibles, copayments and coverage exclusions, Medicare pays for only about half of your medical costs. Much of the balance not covered by Medicare can be covered by purchasing a Medigap insurance policy from a private insurer.

Medicare also offers Medicare Part C (also called Medicare Advantage). You must be enrolled in Medicare Parts A and B to join a Medicare Advantage plan (the name for private health plans that operate under the Medicare program). If you join a Medicare Advantage Plan, the plan will provide all of your Part A and Part B coverage, and it may offer extra coverage, such as vision, hearing, dental and other health and wellness programs. Most plans include Medicare prescription drug coverage.

Finally, Medicare offers prescription drug coverage under Medicare Part D. If you are not going to sign up for a Medicare Advantage plan with prescription drug coverage, then you will want to enroll in a prescription drug plan at the same time you sign up for Parts A and B. For every month you delay enrollment past the initial enrollment period, your Medicare Part D premium will increase at least one percent. You are exempt from these penalties if you did not enroll because you had drug coverage from a private insurer, such as through a retirement plan, at least as good as Medicare’s. This is called creditable coverage. Your insurer should let you know if its coverage will be considered creditable.

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March 5, 2011

Illinois Medicaid Planning and Private Reverse Mortgages

The basic concept of a reverse mortgage is that the bank will make payments to the homeowner, rather than the other way around. The payments can be a single lump sum, a line or credit or a stream of monthly payments. The bank does not have to be paid back until the homeowner moves out or passes away.

But the bank must be paid back at that time. For a senior who moves to a nursing home, this means liquidating an asset that is non-countable for Medicaid purposes and turning it into a countable asset that must be spend down before the former homeowner can qualify for Medicaid coverage.

In addition, because the bank is advancing money without knowing for sure when it will be paid back, there are high upfront costs to reverse mortgages. These mortgages are limited to about half of the equity in the home, which may not meet the homeowner’s needs.

There is an alternative that in many instances better meets the needs and goals of older homeowners – the private reverse mortgage. This is a private loan, usually from a family member, to the homeowner secured by a mortgage on the senior’s home.

Advantages for the senior homeowner:

• It’s cheaper. The upfront costs of paying an attorney to set up a private reverse mortgage may be a small fraction of the cost of a commercial reverse mortgage.
• Interest rates are lower. The interest rate on a private reverse mortgage is set by the IRS each month and is less than the interest rate on a commercial reverse mortgage.
• There’s no limit on what percentage of the home equity may be borrowed. The ability to tap into more equity in the home can delay the day of reckoning when the senior must move to a nursing home just because there is not enough money to pay for caregivers.
• The loan need not be paid back until the house is sold, so if a senior moves to a nursing home, he can keep his house.
• Once in a nursing home or other facility, the senior can continue to receive payments on the private reverse mortgage if needed to maintain the house or pay for extra care in the nursing home.

Advantages for family members:

• What is good for a parent or grandparent is good for the entire family. To the extent the senior can save money in mortgage costs, the bigger the ultimate estate that will pass to the family.
• The ability to tap into equity in the home can mean that family members who are providing assistance can either alleviate the burden by hiring more paid caregivers or be paid themselves for providing care.
• While current interest rates are very low, the rates set by the IRS are higher than money markets and certificates of deposit are paying these days. This means that the family member or members advancing the funds will earn a little more than they would if the money were sitting in the bank.
• A private reverse mortgage can help protect the equity in the home because it takes precedence over any claim by Medicaid.

The family of any senior who owns a home but who has little in savings should consider the private reverse mortgage as a way to help parents and grandparents.

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