Showing posts with label Estate Planning. Show all posts
Showing posts with label Estate Planning. Show all posts

Tuesday, December 4, 2018

What Is The Cost Of Dying?


You’ve worked hard your whole life and are enjoying your retirement. Your financial planner and Tucson estate planning attorney have worked together to ensure you have living expenses covered by pensions and retirement investments, and when the time comes, you’re able to afford the cost of dying to pay medical and funeral expenses.
Cost of Dying and Cost of Living
Not surprising, the cost of dying in each state is in direct correlation to the cost of living. For example, Mississippi is the least expensive state in which to die at an average funeral cost of $5,166 versus the national median of $6,078. It should come as no surprise that Mississippi also has the lowest cost of living. [Source]
In Arizona, the cost of living is just about 2% less than the national average, while healthcare is about 1% more and housing is 2.8% under the average. [Source]  The average out-of-pocket, end-of-life medical expenses are $11,618, while the average funeral expenses are $6,078. [Source] Without proper planning, these expenses can leave your family in debt, which makes it important to have an estate plan in place.
This is in contrast to the most expensive place to live and die – Hawaii. While it’s a beautiful state to visit, the cost of dying is the highest in the nation, nearly double our home state. Funeral costs are an average of $11,408 and the end-of-life care average is $21,807.
Whether you’re in Arizona, Hawaii, or another state, it’s important to plan ahead so your family isn’t left paying the debt with proceeds from the sale of your assets.

Impact on Financial and Estate Planning

There is currently a federal estate tax that applies to a relatively small amount of the population—those whose estate is valued over $5.49 million. When it comes to Arizona estate planning, there is no state estate tax or inheritance tax, which can potentially save your heirs thousands of dollars. We encourage you to speak to Kinghorn Heritage Law Group to understand how your assets can be protected and end‑of‑life expenses can be covered. In our meeting we will discuss:
  • Your current estate plan. Often we meet with people who think they need to have millions of dollars in assets to establish a Trust, so they only have a Will. While a Will is better than no plan at all, a Trust will provide tools for estate preservation and asset protection as well as provisions for disabilities, an important need that often gets overlooked. In addition to a Trust, powers of attorney and living wills are essential parts of an estate plan.
  • Your family. We want to create a plan that protects what is most important to you.
  • Your wishes. It saves families stress when they understand their loved one’s wishes. If you want your grandson to have your antique golf clubs, then let’s make that part of your plan.
Whether it’s passing down family heirlooms or making sure you can afford the cost of dying, the Kinghorn Heritage team is here to help. Contact us today to schedule a complimentary consultation.
Visit us online today or call and say "I saw you in SPOTLIGHT!" 
https://heritagelawaz.com/


Tuesday, December 23, 2014

5 Top Estate Planning Ideas for the Holidays



Top 5 Estate Planning Ideas for the Holidays

I know that estate planning is not on the list of priorities when it comes to the holidays, so this may be an exercise in futility, but since this is my profession I have to give it a shot. With the holidays comes time being spent with family that we have not seen for some time.  I would recommend to take advantage of this time together with friends and family and do the following 5 things regarding your estate plan:
  • Tell your loved ones where your estate plan is kept and give them a list of important people they will need to contact should something happen to you. Do they know who your estate planning attorney is? Do they know how to get in touch with your CPA? Do they know who your financial advisor is and how to get in touch with them? Do you have a prepaid burial plan and if so do your loved ones know who it is with and how to get in touch with them? Make a list of all of the important contacts and how to get a hold of them.
  • Update your asset list. The end of the year is a good time to sit down and do an internal audit of the assets that you own. Have things changed? Have you opened up new bank accounts? Have you closed old accounts down? Have you switched institutions where your assets are at? Have you sold any real estate or acquired new real estate? When you pass away one of the first things that will have to be dealt with are the assets. Make life easier for those you love by keeping an updated record of your assets and who they are currently with.
  • Have a candid discussion with those you have put in charge of your estate plan. You do not need to go into detail about what it is you have and who is getting what, but it is a good idea to sit down with those that you have put in charge of your estate, should you become incapacitated or die, and talk to them about what their role is and some of the steps they need to take.
  • Have a discussion with your loved ones about the personal property items in the home. These are the items that may not have a lot of monetary value but do have tremendous sentimental value to those you will leave behind. Who is going to get the jewelry, furniture, stamp collection, baseball card collection…? If your loved ones are not willing to help you decide who will get these items make the decision for them by making a list and describing who gets what.
  • Finally, take the time this holiday season to write a personal letter to each of those people that you love and care about the most. Tell them you love them. Tell them you appreciate them. Tell them what your thoughts, hopes, wishes and dreams for them are. Seal this letter up in an envelope for each of your loved ones and put it in with your estate planning documents. This letter will be given to them upon your passing. This will be the most important thing you leave behind for those that you love. They will read that letter thousands of times and always have something to remember you by.
One of the hardest things, if not the hardest thing, to deal with in life is the loss of a loved one. Try to make their life easier by getting your affairs in order today.
Scottsdale and Glendale Estate Planning Lawyer David Eastman - VA Accredited AttorneyContributed by MHK Arrowhead, Scottsdale and Phoenix Estate Planning Attorney and Partner, David T. Eastman.
About Morris, Hall & Kinghorn:
At Morris, Hall & Kinghorn, we have focused our legal practice on estate planning for over 40 years.  Along with estate planning, our attorneys help clients and their families with matters of probate, trust administration, wills, power of attorneys, business planning, succession planning, legacy planning, charitable gifting and other important legal aspects.  We also have divisions in financial, real estate and accounting to help you incorporate all of your planning together, ensuring that everything works perfectly for your needs and situation. Our Arizona offices are located in Phoenix, Mesa, Scottsdale, Cave Creek, Tucson, Prescott, Flagstaff and Arrowhead.  Our New Mexico offices are located in Albuquerque, Las Cruces and Santa Fe.  Contact us today at 888.222.1328 to schedule an appointment!
This blog should be used for informational purposes only.  It does not create an attorney-client relationship with any reader and should not be construed as legal advice.  If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation.
- See more at: http://morristrust.com/2014/12/top-5-estate-planning-ideas-holidays/#sthash.DzwHftIg.dpuf 

Saturday, November 8, 2014

7 Reasons Estate Planning Is Beneficial For Everyone



  1. Estate planning for your potential disability. If you were to become disabled, what would your family do? In the absence of an estate plan, your family members would be required to go to court in order to have you declared incompetent and to appoint a conservator/guardian. However, a Living Trust with proper health care documents provides for this possibility without court involvement.
  2. Estate planning will help you avoid Probate. Probate is the court process that proves the Will, if any, is valid and carries out the instructions of the Will. Probate is often costly and time consuming. It is also a public process that allows anyone to know of your financial affairs and subjects your heirs to possible predators. With a Living Trust your assets are kept out of Probate and provides an efficient private way to transfer assets to those you love upon your death.
  3. Estate planning will protect your assets from creditors. If your assets are transferred to your loved ones outside of a Living Trust they cannot be protected from the loved ones creditors. If, however, the assets are transferred through a Living Trust, in the form of a beneficiary trust, the creditors of your loved ones will not be able to access the inheritance.
  4. Estate planning instills your values to your descendants. This is one aspect of estate planning that many people to not even consider, yet it is very valuable. Even though you are gone, a Living Trust will provide a way for you to keep your values alive. For instance, if you want your loved ones to receive a college degree you are able to provide assets in the trust for this purpose. You may also allow them to receive their inheritance upon completion of their education or deny them their inheritance if they don’t get a college degree.
  5. Estate planning helps to minimize taxes. Although currently less than 1 percent of people in the United States die with a taxable estate, a good plan will help to avoid paying more in taxes than you owe.
  6. Estate planning will protect your assets from Long Term Care. Provisions in the Living Trust will allow for planning to take place to avoid having to spend down your entire estate before you qualify for public benefits coverage.
  7. Estate planning will provide divorce protection for beneficiaries. Your Living Trust will provide protection for your loved ones in the event they get divorced.  This will ensure that your hard earned assets do not go to some future son/daughter-in law.
Scottsdale and Glendale Estate Planning Lawyer David Eastman - VA Accredited AttorneyContributed by MHK Phoenix, Arrowhead and Scottsdale Estate Planning Attorney and Partner, David T. Eastman.
Why Choose Morris, Hall & Kinghorn:
You have a number of options when it comes to estate planning, so why pick Morris, Hall & Kinghorn?  First off, estate planning and asset protection are a very complicated endeavor and you should only trust someone who focuses exclusively on those matters.  Also, MHK is a proud member of The American Academy of Estate Planning Attorneys (AAEPA) which provides us additional support, advanced training, tools and information that is not available to others – which means that we can better protect your assets and your loved ones.  We are one of only two firms in Arizona that belong to the AAEPA and are the only firm in New Mexico that has been granted membership.  If you have assets and loved ones that you want to protect, you are in good hands with MHK.  Contact us today at 888.222.1328 to schedule an appointment!
This blog should be used for informational purposes only.  It does not create an attorney-client relationship with any reader and should not be construed as legal advice.  If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation.
- See more at: http://morristrust.com/2014/11/7-reasons-estate-planning-beneficial-everyone/#sthash.AGYFck7N.dpuf

Thursday, September 4, 2014

Why Is It Important To Have Your Trust Reviewed?


Elder Law, Estate Planning

I recently met with a couple who created their trust several years ago in another state.  After they moved to Arizona, they knew that they should have the trust reviewed, but they were busy with life and trying to keep up with their grandchildren.  Lately, one of their close friends passed away leaving his wife with a mess.  This motivated them to come in and meet with me.  What we found, while not surprising to me, was stunning to them.
Most of their assets were not in their trust!  The health care documents and financial powers of attorney were not up to date or compliant with Arizona law.  Their trust did not give them the significant benefits of community property, and there were no protections for the surviving spouse after the first death, or for their children after both of them pass.
Fortunately, we have been able to address these issues by creating a properly drafted Living Trust that has the benefits of all the latest law changes and planning strategies.  It is important that your trust be properly drafted under current laws to provide such benefits as protections for the surviving spouse and other beneficiaries from estate taxes, capital gains taxes, income taxes, creditors, ex-spouses, bankruptcy, spend-down for long-term care, spendthrift tendencies, predators and other potential losses of the assets they receive from you.  It is also essential that all your documents be reviewed to assure that your assets are properly titled to your trust.
There have been significant changes in the law that have positive and negative effects upon your estate plan.  If your documents are brought current, there is much more you can do to protect your affairs than what was previously available.  Ensuring that your plan is current provides not only protection, but great peace of mind that your spouse and loved ones will be properly provided for.  What you have worked hard to acquire and protect can actually be received and enjoyed by those you choose.
Cave Creek, Arizona Estate Planning Attorney West HunsakerContributed by MHK Cave Creek, Phoenix and Flagstaff Estate Planning Attorney B. West Hunsaker.
What the Attorneys of Morris, Hall & Kinghorn Can Do For You:
The attorneys at Morris, Hall & Kinghorn have 100’s of years of combined experience ensuring that families’ assets are protected from probate, unnecessary taxes, creditors, ex-spouses and Medicaid spend-down.  The attorneys also help those in Arizona and New Mexico to apply for and receive Medicaid assistance and Veterans Benefits.  Our Arizona offices are located in Phoenix, Mesa, Scottsdale, Cave Creek, Tucson, Prescott, Flagstaff and Arrowhead.  Our New Mexico offices are located in Albuquerque, Las Cruces and Santa Fe.  Contact us today at 888.222.1328 to schedule an appointment!
This blog should be used for informational purposes only.  It does not create an attorney-client relationship with any reader and should not be construed as legal advice.  If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation.

What Happens After You Die and You Own Property In More Than One State?



Attorney Wendy HarnBusiness PlanningEstate Planning

Like a lot of Americans, you may live in one state and own real estate or tangible personal property in a second state. If you don’t have proper estate planning completed, the intestacy laws of two different states will determine who will inherit your property; and the end result may well be two different sets of beneficiaries. And what about property owned in three different states? Three different intestacy laws will apply and you’ll possibly end up with three different sets of beneficiaries.
According to the Wall Street Journal, the average cost of one probate is approximately 7% of the value of the total estate.  For example, let’s assume I live in Arizona and own my home in Arizona; own a beach house in California; and own lake front property in Michigan.  These three properties would cause three separate probates. And what about the costs involved? Each probate would have its own cost. These probate fees would be taken out of the total estate before distribution to any of the beneficiaries.
The only way to insure that your property will go to the beneficiaries of your choice, when you want them to receive your property, and in the way that you want them to receive it with the least possible delay and expense, is to create a proper estate plan.
Tucson Estate Planning Attorney Wendy HarnContributed by MHK Tucson Estate Planning Attorney Wendy W. Harn.
About Morris, Hall & Kinghorn:
At Morris, Hall & Kinghorn, we have focused our legal practice on estate planning for over 40 years.  Along with estate planning, our attorneys help clients and their families with matters of probate, trust administration, wills, power of attorneys, business planning, succession planning, legacy planning, charitable gifting and other important legal aspects.  We also have divisions in financial, real estate and accounting to help you incorporate all of your planning together, ensuring that everything works perfectly for your needs and situation. Our Arizona offices are located in Phoenix, Mesa, Scottsdale, Cave Creek, Tucson, Prescott, Flagstaff and Arrowhead.  Our New Mexico offices are located in Albuquerque, Las Cruces and Santa Fe.  Contact us today at 888.222.1328 to schedule an appointment!
Visit us online at http://morristrust.com/2014/08/happens-die-property-one-state/

Wednesday, August 6, 2014

The New Sandwich Generation


The New Sandwich Generation


Have you ever felt squeezed by the responsibility of caring for your children while also helping your aging parents? If so, you are part of the new Sandwich Generation—a generation caught in the middle of caring for their own children as well as their aging parents. As the Baby Boomers get older, the numbers of those sandwiched in the middle is vast.
You’ve thought about what will happen to your children if you die or become incapacitated, but have you thought about what will happen to your parents? Will your siblings step up to help your parents get to their doctor’s appointments? Will your parents have to rely on their neighbors to make sure their bills are paid?
For those feeling the pinch, the most important thing to know is—DO NOT WAIT! It is never too early to properly plan for your parent’s physical and financial needs in case you are not available to help. This issue is seldom addressed in estate planning, with sad consequences for the one in four families—45 million Americans—feeling the pressure of caring for elderly parents.
Will your parents need long term care if you aren’t around to help? Currently, over two-thirds of people age 65 or over need long term care. This care may be provided at home, in adult day care, assisted living, or even in a nursing home. Social Security and Medicare won’t pay for long term care, and your health insurance won’t provide coverage either.
Parents are living longer, and as they age, their expenses sky rocket and deplete their resources. It should not come as a surprise to you that if your parents fail to plan properly, your help may be needed to pay for their long term care. If something happens to you, who is going to help financially?
What can you do right now to plan ahead? Start with the following:
FIND A QUALIFIED ATTORNEY:  Who can help you and your parents plan ahead. The attorneys at MHK can help you find ways to pay for your parents’ long term care and can help your parents get the right care they need and deserve.
MAKE A LIST:  Of responsible people you trust and who you want involved in the event of your passing. For example, make sure your loved ones know about those currently helping your parents and about your close family members and friends.
SELECT A TRUSTEE:  To control the funds you set aside to care for your parents, children or other loved ones.
LOOK INTO LIFE INSURANCE:  As an effective means of leaving funds to help pay to care for your loved ones.
To schedule a fee consultation with the attorneys at MHK, call 888-222-1328.
Phoenix, Arizona Estate Planning Attorney Dan MorrisContributed by MHK Phoenix Estate Planning Attorney and Senior Partner, Dan R. Morris.
Why Choose Morris, Hall & Kinghorn:
You have a number of options when it comes to estate planning, so why pick Morris, Hall & Kinghorn?  First off, estate planning and asset protection are a very complicated endeavor and you should only trust someone who focuses exclusively on those matters.  Also, MHK is a proud member of The American Academy of Estate Planning Attorneys (AAEPA) which provides us additional support, advanced training, tools and information that is not available to others – which means that we can better protect your assets and your loved ones.  We are one of only two firms in Arizona that belong to the AAEPA and are the only firm in New Mexico that has been granted membership.  If you have assets and loved ones that you want to protect, you are in good hands with MHK.  Contact us today at 888.222.1328 to schedule an appointment!
This blog should be used for informational purposes only.  It does not create an attorney-client relationship with any reader and should not be construed as legal advice.  If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation.
See more at: http://morristrust.com/2014/08/new-sandwich-generation/#sthash.0ZWMA3Or.dpuf 

Friday, March 28, 2014

Preserving Resources for Well-Spouse

Preserving Resources for Well-Spouse

Question: I was told that my ALTCS application was denied because I, the “well spouse”, had more than the one-half of the marital resources that ALTCS allows a well spouse to keep.  We are now in the process of reapplying, but now that I have spent my spouse’s one-half, I will also spend much of my spouse’s one-half during the months in which the new application processes.  Could this dilemma been prevented?

Answer: Given that ALTCS can take several months to process an application, the issue of who will pay for care while the application processes oftentimes arises.  In cases in which the applicant is married, the concerns are at least two-fold:  Obtaining care for the applicant is of paramount importance, but it is also critical that the well spouse preserves enough funds to sustain the quality of life to which he or she is accustomed.

The best way to preserve resources for a well spouse is to make sure that everything is in order before submitting the application.  It could take ALTCS several months to process an application, whether or not the application is ultimately approved.  And if ALTCS denies the application, you will have lost those months in which the application processed, and have to start the process anew.

While the general rule is that a well spouse can keep about one-half of the marital assets, there are oftentimes planning strategies to help the well-spouse maximize his or her resources.  But here again, the best way for a well spouse to accomplish this goal is to be proactive and engage in planning well before submitting the application to ALTCS.

For more information about Jackson White Elder Law, or to download any of their free resources, feel free to visit us at:  http://www.arizonaseniorlaw.com/resource,  http://www.arizonalongtermcare.com  or
http://www.myAltcs.com