The Florida Estate Planning and Probate Law Blog is focused on recent federal and state case law and planning ideas.

Showing posts with label Florida Retirement. Show all posts
Showing posts with label Florida Retirement. Show all posts

NEW MICHIGAN LAW ALLOWS FOR THE CREATION OF DOMESTIC ASSET PROTECTION TRUSTS

On December 5, 2016, the State of Michigan joined the ranks as one of seventeen states (including Alaska, Delaware, Nevada, Utah and South Dakota) that permit the use of irrevocable self-settled asset protection trusts for purposes of creditor protection planning. The law becomes effective on February 5, 2017. A Michigan domestic asset protection trust ("DAPT") will enable an individual to shelter assets from future third party creditors. A DAPT is an irrevocable self-settled trust which, when established and funded properly, allows the grantor (the individual establishing the trust) to protect his or her property from the claims of future third party creditors and still maintain a beneficial interest in the trust property. The majority of DAPTs are administered by an independent Trustee (usually a corporate Trustee), friend or family member who is domiciled or has a business presence in the jurisdiction in which the DAPT is established. The Trustee will have the absolute discretion to make distributions to a class of beneficiaries, which may include the grantor. A DAPT can be a highly effective creditor protection tool.

STUDENT LOAN DEBT AND SOCIAL SECURITY DUE NOT MIX

Student loan debt is not dischargeable in bankruptcy. As a result, the baby boomer’s generation enters retirement with student loan debt (approximately seven million Americans age 50 and older owed about $205 billion in federal student debt in 2016), either borrowed for their own educations or to pay for their children’s, with approximately 33% in default. Those in default will be shocked to learn that their Social Security checks can be reduced (known as an “Offset”) to repay their student loan debt. The Offset can be as large as 15% of a social security recipient’s benefit payment. This has left some Social Security recipients at or below the poverty level. Government statistics show that older borrowers had a monthly Offset of approximately $140, and almost half of them were subject to the maximum possible reduction. In 2015, the Department of Education collected about $4.5 billion on defaulted student loan debt. A total of $171 million, almost 10%, was collected through an Offset.

YEAR END ESTATE PLANNING ITEMS FOR REVIEW

As our circumstances change with life events these changes should be reflected in your estate planning documents (your plan should be reviewed periodically anyway). The following list is meant to give you an idea of when changes should be made to your estate planning documents: Your marriage, divorce or remarriage. The birth or adoption of a child, grandchild or great-grandchild. The death of a spouse or another family member. The illness or disability of you, your spouse or another family member. When a child or grandchild reaches the age of majority. When a child or grandchild has education funding needs, The death of the person named: as guardian for minor children, personal representative or successor trustee of your trust. Sizable changes in the value of assets you own. Sale or purchase of a principal residence or second home. Receipt of a large gift or inheritance. Sale of a business interest. Special Needs child or family member. Changes in federal or state income tax or estate tax laws. Don't put these changes off to the future because you may not have the ability to change them later.

IRS DENIES RETROACTIVE STATE COURT REFORMATION OF RETIREMENT ACCOUNT BENEFICIARY

The Internal Revenue Service (IRS) can easily take away what any state court giveth. Under the case facts, the decedent maintained 2 IRAs prior to his death. The IRAs listed his revocable trust as the death beneficiary. The trust qualified as a "look through" trusts, and provided each beneficiary the ability to stretch the payout period for the IRAs over their respective life expectancies. However, prior to death, the decedent moved the IRAs to a new investment firm which incorrectly listed his estate as the death beneficiary of each IRA account. This precluded the beneficiaries from stretching the IRA payout over their life expectancies. To overcome this problem, the trustee petitioned the state court for a declaratory judgment changing the beneficiary designations back to the trust. The court ordered the modification, retroactive to the date the new beneficiary designation forms were signed. The trustee then sought a private letter ruling to give effect to the state court order. The IRS, in reliance on Estate of La Meres v. Comm., 98 TC 294 (T.C. 1992) denied the request and ruled that the state court order could NOT retroactively change the tax consequences of the decedent having died with his IRA beneficiaries being designated to be his estate. The Tax Court held such reformation ineffective for tax purposes, explaining that courts generally disregard the retroactive effect of state court decrees for Federal tax purposes. It is important to note that this is not the first time the IRS has ruled against giving tax effect for IRA stretch purposes to a retroactive reformation (PLRs 201021038, 200235038 and 200620026). Individuals should take note of this result and ensure that their retirement account beneficiary designations are accurate.

ONLY ONE RESIDENCY TAX EXEMPTION AT A TIME: DON'T BE GREEDY

FloridaHomestead law provides two major benefits: (i) creditor protection; and (ii) partial exemption from ad valorem tax. However, each of these benefits can be lost if you claim a residency based tax exemption in another state (you can’t be a resident of two states at the same time). The recent Fourth District Court of Appeals ruling in Venice L. Endsley, Appellant, v. Broward County, Finance and Administrative Services Department, Revenue Collections Division, Appellees. 4th District. Case No. 4D14-3997. March 23, 2016, makes that fact abundantly clear.

In Endsley, a husband, with a residence in Indiana, and a wife, with a residence in Florida, simultaneously received residency based property tax exemptions. In August 2006, the Broward County Property Appraiser, in reliance on Article VII, Section 6(b) of the Florida Constitution ("[n]ot more than one exemption shall be allowed any individual or family unit or with respect to any residential unit") challenged the wife’s eligibility for the Florida Homestead exemption. The challenge dated back to 1996, the first year the couple had simultaneously claimed a residency based property tax exemption in Indiana and Florida, and removal of the Save our Homes protection. Both the trial court and 4th DCA found that the plain language of the Florida Constitution meant that only one homestead exemption was allowed, regardless of location.

DO NOT FORGET TO COLLECT YOUR SOCIAL SECURITY SURVIVOR BENEFITS


There are few upsides (maybe relief from pain and suffering) to the death of a spouse. In order to ease the burden, the U.S. government offers a few Social Security survivor benefits.



Survivor Benefits: The main benefit for a surviving spouse is that they may be able to receive Social Security payments if their deceased spouse met the requirements to qualify for Social Security retirement benefits. If both spouses are collecting Social Security benefits, the surviving spouse will only receive the larger benefit. 



Others eligible for benefits include: spouse of the deceased, aged 60 or older; spouse of the deceased, aged 50 or older, if disabled; spouse of the deceased at any age, if he or she is caring for the deceased's child who is younger than 16 or disabled; an unmarried child of the deceased who is younger than 18, or younger than 20 if still a full-time student in elementary or secondary school or 18 or older and with a disability that began before age 22; a stepchild, grandchild, step-grandchild, or adopted child under certain circumstances; parents aged 62 or older, who were dependent on the deceased for at least half of their support; and a surviving divorced spouse, under certain circumstances.





Death Benefit:  In addition to the benefits described above, a surviving spouse may be eligible for a one-time payment of $255.  Eligibility for the benefit requires the surviving spouse to have been living with the deceased spouse, at their date of death, or, if living apart, to have been receiving benefits based on the deceased spouse's Social Security record.







How to Claim Social Security Survivor Benefits: In order to claim Social Security survivor benefits you must inform the agency of the death of your spouse. Typically, the funeral home will notify the Social Security Administration with regard to the deceased.  In order to contact the Social Security Administration you must either visit your local Social Security office or speak with the agency on the phone (at 800-772-1213). hen speaking with them it is important to also inquire about: (i) survivor benefits; (ii) retirement benefits; and (iii) eligibility for the one-time $255 lump-sum benefit.

CHARITABLE PLANNING WITH YOUR RETIREMENT ACCOUNT



 
 
For the past several years, Congress has employed a last minute temporary rule that allowed IRA owners to exclude their required minimum distributions (RMDs), from their adjusted gross income, by making a direct contribution of the funds to a qualified charitable organization. However, this last minute action made planning difficult for taxpayers. Finally, in December 2015, the Qualified Charitable Deduction (“QCD”) provision became a permanent part of the U.S. Tax Code.  This allows taxpayers to comfortably utilize the provision and establish long-term planning strategies around it moving forward.
 

Eligibility and Advantages:

Any IRA owner or beneficiary who is at least 70.5 years old, no exceptions, can use the QCD rule to donate their required minimum distribution or up to $100,000 per year to charity and exempt the funds from taxation. All contributions and earnings inside the IRA are QCD eligible but are classified as a nondeductible contribution. Taxpayers may not utilize a joint gifting strategy for the purpose of QCDs. 

The biggest benefit of utilizing the QCD provision is the ability for a taxpayer to lower their adjusted gross income, since the gifted funds do not count as taxable income to them. This can allow a taxpayer to stay in a lower income tax bracket, reduce or eliminate the taxation of Social Security or other income and remain eligible for deductions and credits that might be lost if the taxpayer had to declare the RMD amount as income. Another advantage is the taxpayer will not have to itemize deductions in order to qualify for this deduction (since the exclusion applies to adjusted gross income and not taxable income).

Rules

In order for the donation to qualify under the QCD rules it must be made directly to the charity. The IRA owner or beneficiary can personally receive the check and deliver it to the charity, but they cannot deposit the funds and then make out a check to the charity. The recipient charity must also be a qualified 501(c)3 organization and a charitable gift annuity will not qualify. The charitable donation amount must be substantiated by the charity with a written receipt.

POTENTIAL PITFALLS OF PAY-ON-DEATH ACCOUNTS


It is not uncommon to hear an individual refer to a “Pay-On-Death” (“POD”) account as a poor individual’s version of a Will. The reason being is that upon the death of the account owner the account assets pass directly to the payee without going through probate. However, a 401k, IRA's, annuities and life insurance policies also falls into this category. Upon your death, the beneficiary designation on these accounts will determine to whom the account assets pass.  

In a recent case, an attorney prepared a Last Will and Testament (“Will”) for a client who wanted their substantial assets to be equally divided between her two sons.  The bulk of her assets were held in two brokerage accounts.  She named her oldest son as both the Personal Representative of her estate and as the “pay-on-death” beneficiary of the brokerage accounts. Upon her death, the oldest son took the position that it was his mother’s intention that he receive one-hundred percent of the brokerage accounts and that he and his brother would only split the assets passing under the Will.  The other son threatened to file a lawsuit and ultimately settled for an amount substantially less than his intended one-half share. Even if the woman had specifically bequeathed her accounts under her Will, the beneficiary designation would override the bequest and the account assets would pass to the designated beneficiary.

When should you utilize a POD?

The best use of a POD account is only when an individual wants a certain account to go to only one certain individual.  For example, an individual wants to leave their entire account or estate to their only child. Naming them as the pay-on-death account beneficiary will pass the assets directly to them and avoid the probate process. This same logic applies to 401k, IRA's, annuities and life insurance policies as well.

Review Beneficiary Designations Often:


To avoid unintended results, it is important to review beneficiary designations as a part of the estate planning process. A well intentioned estate plan can be foiled by a forgotten beneficiary designation.

PREPARING FOR YOUR ESTATE PLANNING MEETING

Many individuals become overwhelmed with the decisions that they need to make when preparing or updating their estate planning documents. The purpose of this list is to help you analytically consider all the questions and issues that must be addressed, provide you with time to reflect on them and work your way through what will be discussed at your meeting with your estate planning attorney. The goal is to achieve your planned result.

1. Create A List Of Your Assets And Liabilities. Knowing what you own can make the estate planning process a lot simpler. Your asset list should include your house (and mortgage), bank accounts, investment accounts, business interests, personal belongings with value (e.g., artwork or jewelry), insurance policies on your life and retirement accounts. For each asset on the list, include an estimate of its value or current balance, as well as whether you own the asset in your individual name or in joint name with another person, such as your spouse. It is equally important to make a list of your debts and legal obligations (mortgage on home, lines of credit, business loans that you have personally guaranteed, etc..

2. Decide Which, If Any, Personal Belongings You Want To Leave To A Specific Person. You should consider what you own and to whom you want it to pass upon your death. The value of the item should not be a consideration as it may have great sentimental value to the recipient. Most couples provide that all of their household furnishings, jewelry, collections, etc., pass to the surviving spouse, when the first spouse dies, and then everything will be divided equally among their children when both of them are gone. If there is a concern that your children or heirs may fight over items which have nothing more than sentimental value you should consider empowering an independent individual to be the ultimate decision maker.

3. Who Should Be The Personal Representative(s). A Personal Representative is the individual or entity appointed to administer your estate at death.  Their duties include collecting your assets, paying debts, expenses and any taxes that may be due and then distributing the assets as directed by your estate plan. People typically name their spouse and then child(ren) to serve as the personal representative of their estate. Florida law only requires that the individual named be (i) a state resident; or (ii) family member.  You can also name more than one person to serve as your Personal Representative.

4. Outright Distributions or Creation of Trusts For Your Children And Grandchildren. Since it is your hard earned money, at your death you can decide how and to whom you want it distributed.  You can elect to have it all distributed to your surviving spouse and then child(ren) or held in trust for their benefit and distributed to future generations. Other options include dividing the trust property into equal/unequal shares, with each share held in trust for a child or grandchild until they reach a specified age (e.g., 1/3 at age 30, 1/3 at 35, and the balance at 40), or their entire lifetime (Florida allows a trust to exist for 360 years after the creators death) or attain certain accomplishments (college or post-graduate degree). Two benefits of holding an inheritance in trust is that (i) the property can be insulated from the claims of that beneficiary’s creditors, including a divorcing spouse; and (ii) it can prevent rapid depletion of the funds by a youthful recipient. 

5. Who Should Be The Trustee(s). As with the appointment of a Personal Representative, the individual or entity that select as the trustee of your trust, following your death, can be a family members, friend and/or professional.  The trustee will be responsible for managing the assets and making sound distribution decisions, so there will be adequate resources to meet your spouse’s and/or your children’s needs after you are gone. Unlike a Personal Representative, there is no restriction on who you can select to serve as a trustee.

6. Who Should Make Medical Decisions For You If You Are Incapacitated. Your health care surrogate is appointed as your agent to make health care decisions for you. Make sure the individual(s) selected are capable of performing their responsibilities on your behalf. There is no restriction on who you can select to make these decisions on your behalf.

7. Who Should Take Care Of Your Financial Affairs If You Are Unable.  Your power of attorney appoints the individual(s) to act as your agent with regard to financial matters during your lifetime. In Florida, a power of attorney is in effect immediately after execution, even if you are not incapacitated. There is no restriction on who you can select to make these decisions on your behalf.

FLORIDA CLOSER TO GUARDIANSHIP REFORM

 
Guardianship reform has been an issue growing in prominence due to the many abuses found in systems across the nation. Florida is in the process the guardianship reform movement and a step in the right direction as the state Senate is set to have a final vote on a bill that would create a team to oversee the state guardianship system. Scandals have rocked Florida in recent years including one case where a judge was appointing his wife who would then initiate lawsuits on behalf of the ward which family members saw as unnecessary and intended as a vehicle to increase the fees paid to the supposed protector. However, this is not the first attempt at reformation after a bill was passed in recent years which supposedly ended judicial favoritism towards specific Florida guardians although advocacy groups argue that it did little to deter judges. Let us hope this new bill does the trick since guardianship abuse undermines public confidence in the legal system and harms the most vulnerable members of our society.
 
A link to the bill can be found at:

2015 YEAR END TAX PLANNING CONSIDERATIONS

2015 Year-End Planning Moves:

·  Realize losses on stock while substantially preserving your investment position. There are several ways this can be done. For example, you can sell the original holding, then buy back the same securities at least 31 days later.
·  Postpone income until 2016 and accelerate deductions into 2015 to lower your 2015 tax bill. This strategy may enable you to claim larger deductions, credits, and other tax breaks for 2015 that are phased out over varying levels of adjusted gross income (AGI). These include child tax credits, higher education tax credits, and deductions for student loan interest. Postponing income also is desirable for those taxpayers who anticipate being in a lower tax bracket next year due to changed financial circumstances.
· Consider converting traditional-IRA money invested in beaten-down stocks (or mutual funds) into a Roth IRA if eligible to do so. Keep in mind, however, that such a conversion will increase your AGI for 2015.
·  If you converted assets in a traditional IRA to a Roth IRA earlier in the year and the assets in the Roth IRA account declined in value, you could wind up paying a higher tax than is necessary if you leave things as is. You can back out of the transaction by recharacterizing the conversion, transferring the converted amount (plus earnings, or minus losses) from the Roth IRA back to a traditional IRA via a trustee-to-trustee transfer.
·  Use a credit card to pay deductible expenses before the end of the year. This will increase your 2015 deductions, even if you don’t pay the bill until 2016.
·  If you expect to owe state and federal income taxes when you file your return next year, ask your employer to increase withholding of state and federal taxes (or pay estimated tax payments of state and federal taxes) before year-end to pull the deduction of those taxes into 2015 if you won’t be subject to the alternative minimum tax (AMT) in 2015.
·  Estimate the effect of any year-end planning moves on the AMT for 2015, keeping in mind that many tax breaks allowed for purposes of calculating regular taxes are disallowed for AMT purposes. These include the deduction for state property taxes on your residence, state income taxes, miscellaneous itemized deductions, and personal exemption deductions. Other deductions, such as for medical expenses of a taxpayer who is at least age 65 or whose spouse is at least 65 as of the close of the tax year, are calculated in a more restrictive way for AMT purposes than for regular tax purposes. If you are subject to the AMT for 2015, or suspect you might be, these types of deductions should not be accelerated.
· You may be able to save taxes by applying a bunching strategy to “miscellaneous” itemized deductions, medical expenses, and other itemized deductions.
· Take required minimum distributions (RMDs) from your IRA or 401(k) plan (or other employer-sponsored retirement plan). RMDs from IRAs must begin by April 1 of the year following the year you reach age 70- 1/2. That start date also applies to company plans, but non-5% company owners who continue working may defer RMDs until April 1 following the year they retire. Failure to take a required withdrawal can result in a penalty of 50% of the amount of the RMD not withdrawn. If you turned age 70- 1/2 in 2015, you can delay the first required distribution to 2016, but if you do, you will have to take a double distribution in 2016, the amount required for 2015 plus the amount required for 2016. Think twice before delaying 2015 distributions to 2016, as bunching income into 2016 might push you into a higher tax bracket or have a detrimental impact on various income tax deductions that are reduced at higher income levels. However, it could be beneficial to take both distributions in 2016 if you will be in a substantially lower bracket that year.
· Increase the amount you set aside for next year in your employer’s health flexible spending account (FSA) if you set aside too little for this year.
·  Make gifts sheltered by the annual gift tax exclusion before the end of the year and thereby save gift and estate taxes. The exclusion applies to gifts of up to $14,000 made in 2015 to each of an unlimited number of individuals. You can’t carry over unused exclusions from one year to the next.

Tax Factors for Consideration:

Higher-income earners have unique concerns to address when mapping out year-end plans. They must be wary of the 3.8% surtax on certain unearned income and the additional 0.9% Medicare (hospital insurance, or HI) tax. The latter tax applies to individuals for whom the sum of their wages received with respect to employment and their self-employment income is in excess of an unindexed threshold amount ($250,000 for joint filers, $125,000 for married couples filing separately, and $200,000 in any other case).  The surtax is 3.8% of the lesser of: (1) net investment income (NII), or (2) the excess of modified adjusted gross income (MAGI) over an unindexed threshold amount ($250,000 for joint filers or surviving spouses, $125,000 for a married individual filing a separate return, and $200,000 in any other case). As year-end nears, a taxpayer’s approach to minimizing or eliminating the 3.8% surtax will depend on estimated MAGI and NII for the year. Some taxpayers should consider ways to minimize (e.g., through deferral) additional NII for the balance of the year; others should try to see if they can reduce MAGI other than NII, and still other individuals will need to consider ways to minimize both NII and other types of MAGI.

The 0.9% additional Medicare tax also may require year-end actions. Employers must withhold the additional Medicare tax from wages in excess of $200,000 regardless of filing status or other income. Self-employed persons must take it into account in figuring estimated tax. There could be situations where an employee may need to have more withheld toward the end of the year to cover the tax. For example, if an individual earns $200,000 from one employer during the first half of the year and a like amount from another employer during the balance of the year, he would owe the additional Medicare tax, but there would be no withholding by either employer for the additional Medicare tax since wages from each employer don’t exceed $200,000. Also, in determining whether they may need to make adjustments to avoid a penalty for underpayment of estimated tax, individuals also should be mindful that the additional Medicare tax may be overwithheld. This could occur, for example, where only one of two married spouses works and reaches the threshold for the employer to withhold, but the couple’s combined income won’t be high enough to actually cause the tax to be owed.

Tax Breaks Not Extended, as of Yet:

Some of these tax breaks ultimately may be retroactively reinstated and extended, as they were last year, but Congress may not decide the fate of these tax breaks until the very end of 2015 (or later). These breaks include, for individuals: the option to deduct state and local sales and use taxes instead of state and local income taxes; the above-the-line-deduction for qualified higher education expenses; tax-free IRA distributions for charitable purposes by those age 70- 1/2 or older; and the exclusion for up to $2 million of mortgage debt forgiveness on a principal residence.

YEAR END RETIREMENT PLANNING TIPS


Year end retirement planning deadlines you need to meet in order to qualify for income tax deductions and credits:

Make last-minute 401(k) contributions. An employee can contribute up to $18,000 to a 401(k) account in 2015. Workers age 50 and older can make catch-up contributions worth an additional $6,000, or a total of $24,000 in 2015, which are also due by Dec. 31. An investor over age 50 who is in the 25 percent tax bracket and maxes out his traditional 401(k) will save $6,000 on his federal income tax bill. But even a smaller contribution of $5,000 would save him $1,250 in taxes. At a minimum, double check that you have saved enough to get any employer match offered by your company.

Take required minimum distributions. Retirees born before July 1, 1945, are required to take distributions from their individual retirement accounts and 401(k) plans by Dec. 31, 2015. The distribution amount is calculated by dividing the account balance by an IRS estimate of your life expectancy, and sometimes a spouse's age is also taken into account. The penalty for missing a required distribution is a stiff 50 percent of the amount that should have been withdrawn. However, if you turned 70 1/2 in 2015, which is those born after June 30, 1944, and before July 1, 1945, there is a special rule that allows you to delay your first required distribution until April 1, 2016. But the second (and all subsequent) distributions will be due by Dec. 31 of the same year. Retirees who delay their first required minimum distribution will need to take two distributions in the same year. "Taking a double distribution in 2016 could cause you to pay more for taxes and may even push you into a higher tax bracket," says Helga Cuthbert, a certified financial planner for Cuthbert Financial Guidance in Decatur, Georgia. "You're usually better off taking it the year you turn 70 1/2."

Extra time for IRA contributions. You have until April 15, 2016, to contribute up to $5,500 to an IRA that can be applied to tax year 2015. Workers age 50 and older are eligible to contribute an additional $1,000, for a total contribution of $6,500 in 2015. You can reduce the amount you owe and help increase your retirement savings by putting some money in an IRA. 

Claim the saver's credit. If your adjusted gross is below $30,500 for individuals, $45,750 for heads of household and $61,000 for couples in 2015 and you contribute to a 401(k) or IRA, you may be able to qualify for the savers credit. This valuable tax credit is worth between 10 and 50 percent of the amount you contribute to a retirement account, up to $2,000 for individuals and $4,000 for couples.

Get ready for 2016. 401(k) and IRA contribution limits will remain the same in 2016. But if you weren't able to max out your accounts in 2015, consider setting your contribution amount a little higher next year. If you get a raise, bonus or tax refund, redirecting part of it to a retirement account will set you up for a lower tax bill in 2016.

2016 CONTRIBUTION & BENEFIT LIMITS



The following chart details the compensation, contribution and benefit limits for 2016. All limits are applicable for the plan year commencing in the respective year, except as stated otherwise below.
LIMIT
2016
 2015
 2014
401(K) DEFERRAL CONTRIBUTIONS
$18,000 (Calendar Year Limit)
 $18,000 (Calendar Year Limit)
 $17,500 (Calendar Year Limit)
GOVERNMENTS AND TAX-EXEMPT PLANS DEFERRAL CONTRIBUTIONS
$18,000 (Calendar Year Limit)
 $18,000 (Calendar Year Limit)
$17,500 (Calendar Year Limit)
401(K)/403(B)/ GOVERNMENTAL 457(B) CATCH-UP CONTRIBUTIONS FOR PARTICIPANTS OVER AGE 50
$6,000 (Calendar Year Limit)
$6,000 (Calendar Year Limit)
$5,500 (Calendar Year Limit)
INCLUDIBLE COMPENSATION
 $265,000
 $265,000
 $260,000
ANNUAL DEFINED CONTRIBUTION PLAN LIMIT (415 LIMIT)
$53,000 (Effective for Limitation Years Ending in 2016)
$53,000 (Effective for Limitation Years Ending in 2015)
$52,000 (Effective for Limitation Years Ending in 2014)
DEFINED BENEFIT PLAN ANNUAL BENEFIT LIMITATION
 $210,000
 $210,000
$210,000
FICA WAGE BASE FOR INTEGRATED PLANS
 $118,500
 $118,500
$117,000
DEFINITION OF HIGHLY COMPENSATED EMPLOYEE
For Determining HCEs in 2016, Employees Who Earned More than $120,000 in 2015
For Determining HCEs in 2015, Employees Who Earned More than $115,000 in 2014
For Determining HCEs in 2014, Employees Who Earned More than $115,000 in 2013
DEFINITION OF KEY EMPLOYEE (OFFICER COMPENSATION)
$170,000
$170,000
$170,000

MAKE YOUR FINAL DECISIONS EARLY

 
Over seventy (70%) percent of Americans, dream of spending their final days at home, in peace and comfort, surrounded by loved ones who care for you compassionately until their last breath. In reality, seventy (70%) percent actually die in a hospital, nursing home or long-term care facility. To avoid this happening to you, it's never too early to start planning because there are no guarantees for the future.
 
Prepare Estate Planning Documents. According to a survey, forty-one (41%) percent of all baby boomers do not have an estate plan and fifty (50%) percent of all Americans die without a valid Last Will and Testament. As a result, your state of residence, at date of death, will determine how your assets are distributed.
 
Protect Minor Children. According to a survey, fifty-five (55%) percent of Americans, with minor children, do not have an estate plan and have not named a legal guardian for their children. As a result, the state will determine who receives custody of the minor child(ren) if both parents die.
 
End-Of-Life Care. Less than one-third (1/3) of Americans have an advanced directive (Power of Attorney, Health Care Surrogate and Living Will). These instruments can provide valuable instructions to health care professionals on the type and extent of care to be delivered in a life-threatening situation. Without a Living Will or other form of advance directive, in the event of an end of life situation you will receive aggressive, full medical treatment, which you may not really want and have no one to enforce your desires.
 
Final Remembrance. How and where you choose to be laid to rest is a personal decision. Whether it be a military funeral, social style or small family event, it is important to make your family aware of your desires in advance. You can also make arrangements in advance for your own funeral and leave detailed instructions so your loved ones will know what to arrange for you.
 
Talk To Your Loved Ones. To avoid conflicts over how to handle financial, health care, or after-death arrangements, you should communicate your specific desires (sit down conversation, detailed instructions, etc.) and create the necessary legal documents to ensure your desires are met. This should include future placement in an assisted living facility or retirement home or spending your final days at home

ONE IN THREE AMERICANS WHO GET AN INHERITANCE BLOW IT

 
The “Great Wealth Transfer” (the wave of wealth, estimated to be in the trillions, which will flow from the oldest generation in the coming decades) will land in the hands of many Americans ill prepared to handle an inheritance. Multiple studies indicate that the majority of these recipients will quickly dispose of their inheritance. One study found that one third of people who received an inheritance had negative savings within two years of the event.
 
The problem stems from the fact that those inheriting the funds tend to view it as “fun money” and do not utilize it to shore up their retirement savings. The 2015 Retirement Confidence Survey by the Employee Benefit Research Institute found that 57% of workers have less than $25,000 in savings and investments.  In addition, when you factor in inflation, even a $1 million inheritance will not guarantee a couple’s comfortable retirement.
 
The following is a list of expert’s guidance:
 
A decision-free time period where no big decisions (large investments or expenditures) are made. This includes evaluating funds put away for retirement and anticipated cost, the cost of a child’s education through graduate school, annual trips with the extended family, or the purchase of a second home for the whole family to use. 
 
The payment of oppressive debt should also top the list of considerations. Why would you maintain a credit/debit card with a 20% interest rate when you could not invest the funds and earn a financial return even close to that amount annually. 
 
The next consideration should be the creation of an emergency fund in case of unemployment, a medical emergency, or a big-ticket home repair. The funds can help you weather the unexpected expense while still maintaining your lifestyle. 
 
Do not make family members aware of your windfall. If you do, you will quickly learn about multiple “get rich quick” ideas that distant relatives have for your money or loans that you will need to pay on someone else’s behalf. 
 
Funds which remain, after allocating for each of the above items, should then be spent with caution. What may have initially sounded like a great idea (a second home by the lake) could result in the purchase of an item that family and friends will use more than you.