Will Assisted Living Expenses Eat Up My Estate?

 

Will assisted living expenses eat up my estate? That question is often on the minds of retired couples doing their estate planning. Continuing Care Retirement Communities (CCRCs) are one way to make future costs of assisted living and even skilled nursing care more predictable.

World War II nurses holding hands

Ashlea Ebeling, in Forbes.com, provides a good overview of CCRCs, including a list of questions to ask:

Those who move into CCRCs are “thinking ahead,” says Robert Kramer, president of the National Investment Center for the Seniors Housing & Care Industry. “They want to choose a community ahead of time rather than having limited choices when a health crisis hits,” he adds. There are other marketing draws too. For example, more than 50 of these complexes have been built close to or in conjunction with colleges or universities, including Stanford, Penn State and Dartmouth and offer lectures or classes or access to a university hospital. Others offer pools and posh recreational facilities.

. . . .

Here are eight questions to ask if you’re considering a continuing care retirement community.

. . . .

2. Is the entrance fee refundable?

Typically if you die (or just decide to move out) within a certain period after moving in, your entrance fee is wholly or partially refundable. But watch out; in some cases, communities can hold your entrance fee until they refill your spot. Krooks recently helped a couple who signed a commitment and had a change of heart get half of their entrance fee back. (They thought people would be playing tennis and golf but it ended up they were playing bingo.) The couple could have waited until the CCRC was sold out to get it all back but at best they would have had to wait several years and might never have gotten the money back. Do your due diligence on the community and any refund provisions before you hand over your check, Krooks says.

3. What’s included and what costs extra?

Almost all CCRCs offer guaranteed access to health and personal care services, but not all include it in their basic monthly fee. The broadest coverage, where the cost of care is really included, is a Type A Life Care contract. You’re basically buying into an insurance pool so all the residents’ fees go toward care for the other residents. Modified (Type B) contracts limit the number of days a resident may stay in assisted living or skilled nursing before getting dinged with an add-on fee. With fee-for-service (Type C) contracts, you pay the full cost of any time spent in the health center. Finally, a small number of CCRCs offer rental (Type D) contracts where there is no entrance fee and everything is a la carte. In these, a nursing home bed isn’t even guaranteed.

4. Are there just old folks?

Look for ties with the local community and schools. Pennswood sits between a Friends day school and The George School, a prep school, and is a satellite campus for Bucks County Community College. Residents volunteer at the schools and take classes alongside 20somethings on the history of jazz and Moby Dick. More than 50 CCRCs are tied to universities, says Andrew Carle, director of the Senior Housing Administration program at George Mason University. To weed out the best ones, he says, look for those that are close to campus, have at least 10% of residents as former faculty or alums and have a written agreement for two-way programming.

The rest of the article, including all 8 questions, is available at Forbes.

Two additional questions I would ask are:

9. How do the advantages and disadvantages of this CCRC compare to obtaining long term care insurance?

10. How do I know that this CCRC will continue to be economically viable?

A list of CCRCs in California is available at the California Department of Social Services website here.

Creative Commons License photo credit: gbaku

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Nashville Songwriter Discovers Pros and Cons of Conservatorships

The expense of Celebrity Conservatorships is in the news today. The attorneys for Britney Spears’ Conservatorship are reportedly seeking $900,000 in fees.

Meanwhile, Nashville songwriter Danny Tate saw his assets dwindle while regaining his rights after recovering from a drug addiction.

The following is from The Tennessean:

Stripped of his legal rights by a court that ruled that his use of crack cocaine had left him incapable of managing the $600,000 in his account, Tate battled the ruling for almost three years.

 In May 2010, he was found competent and the conservatorship of his estate was lifted. But by then, there wasn’t much of an estate left. The money he once had in the bank was all but gone, his credit rating was in tatters and the 2010 Nashville flood had swamped his home.

 “If every musician who’s ever struggled with drugs needed a conservatorship, you’d have to lock up 70 percent of Music Row,” Tate said.

See the entire article in the The Tennessean.

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What are the Benefits of a Living Trust? – Estate Planning Basics

 

It is time again to get back to basics.

You want an estate plan, but why go to the trouble of setting up a living trust?

It may not be a good fit for everyone, but a living trust provides several advantages over a will during the lifetime of the trustor, and after death the beneficiaries may save hassle and expense in a big way.

The lifetime benefits of a living trust are, first, if the document is properly drafted, a successor trustee can step in and manage assets when the trustor becomes incapacitated. Your money can be used for your benefit, without the complications of naming family members as joint account holders. Second, the ability of a designated successor trustee to step in can be a protection against undue influence.

After death, a living trust makes possible the transfer of assets from the trustor to designated heirs without the necessity of probate court supervision. In general, probate is necessary in California when a decedent dies with assets worth $100,000 or more. We will cover the reasons why you may want to avoid probate in an upcoming post.

A living trust also has many of the benefits of a traditional will. A living trust is flexible. It can be changed or revoked during the trustor’s lifetime. A trustor can also specify that the assets will continue to be managed by the trustee after death for the benefit of designated beneficiaries. This can be valuable where beneficiaries are not capable of managing their own money, such as in the case of minors, those who are incapacitated, or others who just need help managing their assets. A living trust can also incorporate strategies to reduce estate taxes.

If you are still unsure whether a living trust is right for you, talk to an attorney. Most will let you know without obligation whether it is a good fit.

This post is a follow up to the previous Estate Planning Basics post, What Is a Living Trust?

Be informed. Knowing the basics of estate planning is essential to creating a plan that actually carries out your wishes. It’s your life and your legacy. It should be your plan.

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Further Reading for Seminar on Celebrity Probates

 

I gave a seminar today to the Estate and Financial Planning section of the Sacramento CalCPA chapter. Thanks to Bruce Kajiwara for the invitation.

Following are the links to further reading on the celebrity probates discussed in the Seminar:

Lesson 1: Simon Cowell and the End Comes for Everyone!?

Simon Cowell is a Very Odd Boy”, by Chris Heath, in GQ Magazine, Sept 2011, page 3.

Simon Cowell Wants to Freeze his Body After He Dies”, by Danielle and Andy Mayoras, in Trial and Heirs Blog, August 31, 2011.

Lesson 2: Anna Nicole Smith and the Trials of Probate

Anna Nicole Smith’s Estate – What Does Anna Nicole Smith’s Will Say?”, by Julie Garber at About.com.

Anna Nicole Smith”, Wikipedia.

Lesson 3:  Britney Spears and the Protection of Conservatorships

Is Britney Spears Hiding Behind Her Conservatorship?”,by Danielle and Andy Mayoras, in Forbes, Sept 6, 2011.

Lesson 4:  Farrah Fawcett and Personal Property is Personal

Probate Dispute Over Warhol Portrait of Farrah”, by Roger Billings, in Placer Estate Planning Blog, Sept 4, 2011.

Lesson 5:  Rosa Parks and the Choice of a Fiduciary

Rosa Parks Trust and Estate Tied Up in Lengthy Court Fight”, by Danielle and Andy Mayoras, Trials and Heirs Blog, July 26, 2011.

Lesson 6:  Wellington Burt and the Benefits of Charitable Giving

Shutting Out the Kids from the Family Fortune”, by Robert Frank, in The Wall Street Journal, May 10, 2011, reprinted at Yahoo Finance.

Inherited Wealth: Opportunities and Dilemmas, by John L. Levy, Foreward by J. Jeffrey Lambert, Book Surge Publishing, North Charleston, South Carolina, 2008.

Lesson 7: Michael Jackson, Trust Funding and Intellectual Property Rights

Michael Jackson Will: Mom, Diana Ross, Yes; Debbie Rowe, No”, by Gina Serpe, in E! Online, July 1, 2011.

Note: There are countless additional articles on Michael Jackson, as well as most of the other celebrities, but particularly on Jackson.

On the JRR Tolkien Estate:

Peter Jackson: A Film-maker’s Journey, by Brian Sibley, London: HarperCollins, 2006.

The Hobbit (2012 Film)“, Wikipedia.

Lesson 8: George Steinbrenner and Timing

George Steinbrenner Will Reveals Solid Estate Planning”, by Dan Mangan, in New York Post, July 28, 2010, http://www.nypost.com/p/news/local/the_boss_will_power_em9ZD8m3mLvwMlB4PxWubP

Overview:

The popular probate blog known as Trials and Heirs keeps up constantly with the latest celebrity probate news and covers most of the celebrities mentioned here.

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California Plan Your Giving Day

 

Charities are feeling the pain, what with the distressed economy and the raised estate tax ceiling. But let’s not forget that it feels good to give.

Ed Goldman’s Blog on the Sacramento Bee website contains the following:

In her business as a financial services consultant, Elfrena Foord says she meets too many families “who end up fighting over money when the family member who actually has the money dies.”

Foord — a partner in Foord, Van Bruggen, Ebersole & Pajak — is co-chairing “California Plan Your Giving Day” on Oct. 1, a statewide effort proclaimed by the legislature (but which has merit, anyway). The message: to urge people to include charitable giving in their estates. By that day, Foord and co-chair Judee Daniels hope to gather the signatures of at least 500 people who’ve already decided to leave some of their money to good causes.

. . . .

“I’ve found that when families know that some of Mom’s or Dad’s estate is going to charity, everyone pulls together,” Foord says. “There’s a shared sense of values.”

I really like Ms. Foord’s statement about finding a shared sense of values through giving. The rest of the post can be read at Ed Goldman’s Blog.

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Heirs Denied Access to Digital Assets After Death?

 

In another example of how the law has not kept up with technology, your digital assets may be at risk after death.

An article from the AFP news service explains some of the problems that occur with on-line assets after death:

In the case of online photo albums, “those photos are yours and you have a copyright, but the problem is if you upload them to a site like Shutterfly, the property you own is now stuck behind a license,” said Nathan Dosch, a Wisconsin attorney specializing in estate planning.

“The underlying asset is still owned by you but the access terminates on your death. The same can be said about emails.”

. . . .

“Nobody really likes to think about mortality, especially not their own,” said Jeremy Toeman, co-founder of a startup called Legacy Locker, which bills itself as a “secure repository for your digital property.”

Toeman said he supports a digital “manifesto” that would establish rights to online accounts for a reasonable period.

He said that in planning for handling online accounts, consumers can use a number of options including simply writing down instructions for family members, but adds, “We think that if it’s an online world and an online identity you should have an online service.”

Experts advise against detailing all digital assets in a will, which could become a public document, opening up the possibility of identity theft.

Some say a separate document or executor for digital assets could be useful, and Beyer said that one way to preserve access would be to register accounts in the name of a trust, control of which could be transferred on death.

The entire article is available here.

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Probate Dispute Over Warhol Portrait of Farrah

The estate of Farrah Fawcett is seeing a large amount of legal wrangling. Farrah left her painting collection to the University of Texas. Ryan O’Neal has possession of a famous portrait of Farrah by Andy Warhol. O’Neal claims Warhol gave it to him. The University of Texas claims it belongs to them and filed suit against O’Neil.

Farrah Fawcett Portrait at the Blanton

According to the Houston Chronicle, the original suit filed in Federal court was dismissed for lack of jurisdiction, but the University has now refiled the suit in California state court.

Meanwhile, O’Neal has filed a related defamation lawsuit against a Hollywood producer for allegedly publicizing that O’Neal stole the painting.

The Trials & Heirs Blog reported on the initial lawsuit and provided the following comment on personal property disputes among heirs and family:

“For those people involved in family fights over property where there is no paper trail over who really owned it, the old adage among lawyers is ‘possession is nine-tenths of the law.’ That often holds true in probate court, where judges seldom have patience to decide who is telling the truth about when a certain set of china, necklace or baseball card collection really was handed over or not.”

The entire article is available at the Trials and Heirs Blog.

Creative Commons License photo credit: Ethan Lundgaard

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