How Does Planning for a Special Needs Child Work?

Planning for a special needs child requires considering long term needs and expenses while considering the care providers’ own needs.

Funding a Special Needs Trust (aka Supplemental Needs Trust) is just the start of the planning process for families with a family member who has special needs. Strategically planning how to fund the trust, so the parents and child’s needs are met, is as important as the creation of the SNT, says the article “Funding Strategies for Special Needs Trusts” from Advisor Perspectives. Parents need to be mindful of the stability and security of their own financial planning, which is usually challenging.

Before going to far, I’m going to assume you’ll have a basic understanding of a SNT.  In short, it is a trust that holds assets so that the disabled beneficiary may qualify for governmental assistance.  See here for more information.  https://galligan-law.com/what-should-i-know-about-a-special-needs-trust/

To start planning for a special needs child’s financial needs, parents should keep careful records of their expenses for their child now and project those expenses into the future. Consider what expenses may not be covered by government programs. You should also evaluate the child’s overall health, medical conditions that may require special treatment and the possibility that government resources may not be available. This will provide a clear picture of the child’s needs and how much money will be needed for the SNT.

Ultimately, how much money can be put into the SNT, depends upon the parent’s ability to fund it.

In some cases, it may not be realistic to count on a remaining portion of the parent’s estate to fund the SNT. The parents may need the funds for their own retirement or long term care. It is possible to fund the trust during the parent’s lifetime, but many SNTs are funded after the parents pass away. Most families care for their child with special needs while they are living. The trust is for when they are gone.

The asset mix to fund the SNT for most families is a combination of retirement assets, non-retirement assets and the family home. The parents need to understand the tax implications of the assets at the time of distribution. An estate planning attorney with experience in SNTs can help with this. The SECURE Act tax law changes no longer allow inherited IRAs to be stretched based on the child’s life expectancy, but a person with a disability may be able to stretch an inherited retirement asset, depending on their needs.

Whole or permanent life insurance that insures the parents, allows the creation of an asset on a leveraged basis that provides tax-free death proceeds.  Life insurance is often utilized for special needs planing because it may be low cost during life but provide a sizable fund for the beneficiary when his or her parents can no long provide for them.

Since the person with a disability will typically have their assets in an SNT, a trust with the correct language—“see-through”—will be able to stretch the assets, which may be more tax efficient, depending on the individual’s income needs.

Revocable SNTs become irrevocable upon the death of both parents. Irrevocable trusts are tax-paying entities and are taxed at a higher rate. Investing assets must be managed very carefully in an irrevocable trust to achieve the maximum tax efficiency.

It takes a village to plan for the secure future of a person with a disability and that is certainly true with planning for a special needs child. An experienced elder law attorney will work closely with the parents, their financial advisor and their accountant to ensure proper planning for your disabled loved one.

Reference: Advisor Perspectives (April 29, 2020) “Funding Strategies for Special Needs Trusts”

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Common Mistakes Made on Beneficiary Designations

Assets like life insurance, retirement accounts and annuities are governed by beneficiary designations.
Assets like life insurance, retirement accounts and annuities are governed by beneficiary designations which override your will.

Many accounts and other assets are governed by beneficiary designations. Examples include life insurance, 401(k)s, IRAs, and annuities. These assets rely on contractual provisions with the financial institution to designate who receives the benefits upon the death of the owner.

Kiplinger’s recent article entitled “Beneficiary Designations – The Overlooked Minefield of Estate Planning” describes several mistakes that people make with beneficiary designations and some ideas on how to avoid problems for you and your family members.

Believing that Your Will is More Powerful Than It Really Is. Many people mistakenly think that their will takes precedence over a beneficiary designation form. This is not true. Your will controls the disposition of assets in your “probate” estate. However, the accounts with contractual beneficiary designations aren’t governed by your will because they pass outside of probate. That is why you need to review your beneficiary designations whenever you review your estate plan.

Allowing Accounts to Fall Through the Cracks. Inattention is another thing that can lead to unintended outcomes. A prior employer 401(k) account can be what is known as “orphaned,” which means that the account stays with the former employer and isn’t updated to reflect the account holder’s current situation. It’s not unusual to forget about an account you started at your first job and fail to update the primary beneficiary, which could be a former spouse.

Not Having a Contingency Plan. Another thing people don’t think about is that a beneficiary may predecease them. It is important to name a contingent or secondary beneficiary in the event the first beneficiary is not survivig.

Not Paying Attention to a Per Stirpes Election. If a person names several beneficiaries (such as children) as primary beneficiaries to share equally in the account or life insurance policy at the owner’s death, what happens if one of the beneficiaries is not surviving? Some beneficiary designation forms state that the deceased beneficiary’s share automatically goes to the other surviving beneficiaries. Other beneficiary designation forms give the owner the option to state that the deceased beneficiary’s share should pass to the deceased beneficiary’s children. This is known as a per stirpes election. Many times people are unaware as to which option they have chosen on the beneficiary designation form.

Naming a Minor or Incapacitated Person as a Beneficiary. If a minor or incapacitated person is named as beneficiary, unless the beneficiary designation form allows for the appointment of a custodian or trustee to accept the benefits on behalf of the minor or incapacitated person, a court-appointed guardian may be necessary for the minor or incapaciated person to receive the benefits. Also keep in mind that if an incapaciated person you’ve named as beneficiary is receiving government benefits, distributions from a retirement account, annuity, or life insurance policy, may jeopardize his or her eligiblity to receive the government benefits.

It’s smart to retain copies of all communications when updating beneficiary designations in hard copy or electronically. These copies of correspondence, website submissions and received confirmations from account administrators should be kept with your estate planning documents in a safe location.

Remember that you should review your estate plan and beneficiary designations every few years to make sure that they are coordinated and that they say what your really want.

You may also be interested in https://galligan-law.com/trust-owned-life-insurance-in-your-estate-plan/.

Reference: Kiplinger (March 4, 2020) “Beneficiary Designations – The Overlooked Minefield of Estate Planning”

 

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How Do I Stop COVID-19 from Eating Up My Retirement?

Covid-19 has complicated retirement planning.
Covid-19 has complicated retirement planning.

COVID-19, as well as the efforts taken to slow the spread of the disease, have caused financial and health crises throughout the country, especially for seniors. As a result, financial and other life decisions for seniors and those planning for retirement are much more complicated than they were just a few months ago.

The USA TODAY recently published an article entitled “What you can do if coronavirus is threatening your retirement” that examined some of the challenges and opportunities people should consider as they move into retirement, especially during the current pandemic.

Decrease your 401(k) contributions. As you hit 50, you’re able to make catch-up contributions to your 401(k) and IRA accounts. For 2020, you can contribute up to $6,500 annually to a 401(k) and, if you’re over 50, up to $1,000 above the $6,000 annual limit to either a traditional or Roth IRA. You might look at reducing your contributions. If you have credit card debt or a car loan, paying that off that before retiring might be more important than building your nest egg. When you retire, your savings would be your main source of income.

Take some money out of your IRA. You can withdraw funds from either an IRA or a 401(k) at age 59½. If you’re still working, and your employer has a 401(k), you can continue to contribute to it as long as you are eligible. However, you must start withdrawing funds when you reach 72. You can’t continue contributing to a traditional IRA once you reach that age, but that’s not the case with Roth IRAs. The longer you can leave your savings untouched (or keep adding to them), the more you will have when you retire.

Think about your wheels. Ask yourself if you really, really need a new or fairly new car at all. If yes, notice that the down payment on a lease is typically lower and so are the monthly payments. After the lease term is up (usually three years), you can get a lease on a new car and do it again. Know that it takes about five years to pay off a new car loan and you will be driving it payment-free for 10 or more years, if you keep it for 15 years. Therefore, buying an affordable vehicle may be a better choice.

Take your Social Security now. When you turn 62, you can start collecting Social Security retirement benefits. You’ll get another opportunity at age 65 or later (depending on your birth year) and at 70, you’re required to take it. In 2020, if you begin collecting benefits at age 62, the maximum monthly payment is $2,265; at 65 or later, the monthly benefit is $3,011; and at age 70, the maximum benefit is $3,790. Usually, you’d want to wait as long as you can to take the benefit, because your monthly income will be higher when you need it most (i.e., when you’re older).

Look into a reverse mortgage. They often get a bad rap, but there are situations when it may make sense. If your home is your largest asset, and you need cash and have no other way to get it, a reverse mortgage may be your best option. However, to get one, your mortgage must be paid off (or nearly so).

Downsize. Consider selling your home and buying smaller digs. By downsizing, you might be able to pay cash for a smaller home and use the rest of the proceeds from the sale of your old house to pay off other debt.

Other Ideas. You can also lessen your debt load, plan to keep your current car a few years loner and plan to work a year or two longer. A few other ideas are to join AARP, trim your household expenses, see if you can cut your cellphone bill, take advantage of senior discounts and pre-plan your funeral.

For more information on Covid-19 and retirement planning see https://galligan-law.com/should-you-cut-retirement-savings-efforts-during-the-coronavirus-pandemic/

Reference: USA TODAY (April 13, 2020) “What you can do if coronavirus is threatening your retirement”

 

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