Berger Estate & Elder Law, P.A.

REMARRYING SENIORS HAVE BIG ESTATE PLANNING DECISIONS TO MAKE9/5/2022 Second marriages are more common in the lives of seniors these days. Many seniors who remarry have enjoyed a life of love with a previous spouse whom passes away, and later discover love with someone new. Although they often feel like theyve lost the love of their life, remarrying as a senior can be exhilarating for these later years.Caught up among the excitement newfound love can bring are some of lifes most serious decisions, and evermore so for remarrying seniors. Many seniors choose not to plan when remarrying, causing unforeseen challenges for their loved ones. This also has the potential to break close relationships with others and cause infighting among other family members.Longer lifespans are accredited for the increasing numbers in remarrying seniors. And, as the years go on, this will probably have many marrying for the first time later in life, in increasingly blended ways. Questions about what to do with a lifetime of accumulated and still accumulating assets are ones that couples dont have to consider when they're young. However, these are decisions almost all seniors must make when remarrying. With 50% of seniors remarrying, these are questions elder law attorneys are starting to hear more and more, from existing and new clients. Meeting with an elder law attorney, can let you and your new spouse know what your options are.Prenuptial AgreementsThe biggest consideration for seniors remarrying is the prenuptial agreement. Whereas fictional stories in print and Hollywood often outline prenuptial worst-case scenarios and intentions, prenuptial agreements are the norm for seniors remarrying, and they often deliver the best protection for both spouses. Open communication is the most important factor when agreeing to a prenuptial agreement. Typically, each spouse has children or family whom they desire to maintain as beneficiaries on bank accounts, stocks and other assets. This may be important, so the first to pass away doesnt unknowingly and completely disinherit their children.For those with investments and real estate, trusts are important vehicles to keep finances where they are desired to be for seniors and their beneficiaries. If remarrying seniors pool their finances together, they can be even more vital to keeping everyones desires satisfied. Whether it comes down to a prenuptial agreement, a trust, or a combination of the two, it is most important both partners understand the full picture of their plans for one another and those they love.A Lifetime of AssetsPooling assets together and putting another name on a title can seem like intuitive decisions when remarrying. But these decisions often have better alternatives that can prevent the likelihood of disinheriting loved ones and hoping blended families can work it out after you pass away. Assets often have limitations with who and how many beneficiaries can be designated, and titling often has predetermined legalities that differ from state to state. Newlyweds should prepare for protecting their children and their spouse at the same time and, there is really no way of doing so without creating a trust.Taxes, Medicaid & Pension ConsiderationsConsequences of dying intestate or even with a will that assures going through probate and adds to the complexity of decisions to make when remarrying as a senior. Well, you can add taxes, Medicaid  and pension considerations to the list, because higher earnings levels may bump a couple up to a higher tax bracket, change Social Security benefits and even disqualify you from a pension and Medicaid. Elder law attorneys with financial planning experience are vital in understanding your full range of options surrounding these scenarios. This will ensure you are best prepared when the IRS wants to collect or another institution is ready to change their terms of service.TrustsTrusts give trustors (thats you and your spouse) the most flexibility and planning options. Amending wills, life insurance, investments and property can be cumbersome and evenly separating them out among beneficiaries is nearly impossible. Creating a trust allows benefactors the ability to distribute exactly how and when they desire. This is important to ensure a new spouse is well cared for even after the other passes.ConclusionThe sum of these relationships is different for everyone. Falling in love with someone new always impacts the others we love. These relationships may grow positively, or they may not. Remaining loyal to a new spouse might mean it is too difficult to maintain all the relationships we once had and enjoyed. While this is not necessarily estate planning legalese, its often a new reality after remarrying later in life. It is important to plan for these changes, and not to let them keep you from making the important estate planning decisions necessary when remarrying as a senior. Planning ahead can also keep you from making knee jerk decisions with your planning during emotional times. The benefits of finding love as a senior can bring an exuberance of excitement and joy into or lives. Dont let this decision result in unintended consequences for yourself and others. Make sure your most heartfelt desires are carried out for you and those you love for the rest of their lives.  If you want to ensure that you make the right decisions for your own family when considering life and estate planning decisions, feel free to sit down and talk with us for a free consultation by calling (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located office at 11233 Nall, Suite 140 Leawood, KS 66211 for more information. Berger Estate & Elder Law P.A. has been providing our clients with Trusted Counsel and Proactive Solutions for over 30 years, and we look forward to many more! 

Don't be fooled by a Simple WillSometimes people will say they want a Simple Will. They assume their assets are uncomplicated and their family situation is typical. But, they dont want surprises.This may be a husband and wife with responsible adult children, a young couple with minor children or a single person. They want the will to distribute their assets to their family. Some attorneys prepare a Simple Will, leaving the impression they have taken care of things. Computer based will forms can provide similar false security. It can be like getting a prescription for bad medicine. A will is not an efficient way to distribute your estate. It requires court approval and processing in accord with probate procedures. This is slow and expensive. The process takes a minimum of 6 months in Kansas and 12 months in Missouri. Typical attorney fees for a $200,000 estate are $7,000 to $10,000, or more.A will only applies to assets that are in the deceased person's name, and that have no beneficiary designations. Most married couples hold bank accounts and real estate jointly. Upon the first spouses death, the assets go to the survivor, not through the will. If the assets have a payable on death (POD) or transfer on death (TOD) designation, or a beneficiary designation as on a life insurance policy or retirement account, these arrangements take priority over the will. Disputes occur when beneficiary designations are different than will provisions.For a young couple with minor children, if their retirement accounts and life insurance beneficiary designations are primary-spouse, contingent-children, and there is no surviving spouse, or a divorce has occurred, then the will does not apply to the childrens shares. It does not matter that the will may have provisions to protect the funds for the childrens education and long-term well-being.An experienced estate attorney will review all assets, their titles and beneficiary designations. Surprisingly, this review frequently shows the Simple Will has no use. Preparing a Simple Will without understanding a clients unique needs, and confirming asset titles and beneficiary designations, provides false security and often results in more expense, delay and family disputes, down the road.Article by James P. Berger, J.D., of Berger Estate & Elder Law, P.A. who can be reached at 913-491-6332 or by email at jim@berger-lawfirm.com.

Even if you have a long-term care insurance policy, you may likely be hoping that you won't ever have reason to use it. Regardless of what the future holds, there's one silver lining of which you may not be aware. That is, premiums on many long-term care insurance policies are in fact tax-deductible.  What Is Long-Term Care Insurance? Long-term care insurance, or LTCI, can help you prepare for covering the cost of care in a nursing home facility or other setting when and if you need it. Unfortunately, the likelihood that youll need long-term care services at some point is high. In fact, about 70 percent of older adults find themselves having to rely on at least some long-term care in their later years.  When individuals require long-term care, it means that they need assistance when completing activities of daily living (ADLs). These basic daily tasks include dressing oneself, showering, or moving safely from one place to another in one's household, such as from the bed to the bathroom, or in and out of one's chair. In most cases, your LTCI policy will begin covering long-term care services if you cannot perform at least two ADLs on your own.  The cost of LTCI policy premiums can be out of reach for many people, and some insurers have been raising premiums over the course of time. According to one 2022 survey by HCG Secure, a mere one in 10 of Americans older than 65 have a long-term care insurance policy. However, if you have purchased a tax-qualified plan, you may be able to deduct the insurance premium as a medical expense.  Is My Long-Term Care Insurance Policy Tax-Deductible? You can deduct numerous types of medical and dental expenses from your taxes. In addition to qualified long-term care insurance premiums, other deductible health expenses include the following: prescription medications and insulin substance use disorder inpatient treatment or smoking-cessation programs prescription or reading eyeglasses contact lenses hearing aids X-rays artificial teeth acupuncture treatments the cost of caring for a guide dog for a person with a vision or hearing disability  When filing your 2023 federal income taxes, check with your insurance broker or state insurance commission to determine whether your LTCI policy qualifies.  Only certain long-term care insurance policies meet the criteria for a tax deduction. The National Association of Insurance Commissioners sets these rules. Typically, many hybrid long-term care policies do not qualify for a premium deduction. (For more information on what defines a qualified LTCI contract, consult the IRS Publication 502 for the current tax year.)  If your policy does qualify, you can deduct your LTCI policy premium up to a specified limit. Keep in mind that you will only be eligible for a tax deduction if all of your eligible medical expenses totaled more than 7.5 percent of your adjusted gross income for the year.  Select states also offer LTCI tax incentives, so be sure to check with your tax advisor. Note, too, that if you are self-employed, the rules regarding these deductions can differ.  How Much Can I Deduct in 2024? If your annual LTCI policy premium is higher than the limit provided in the table below, it will count as a medical expense. The older you are, the higher your deductible limit. For example, if you are a 75-year-old individual at the end of 2023, you may be able to deduct up to $5,880 in LTCI premiums as qualified medical expenses.  There are lower deduction limits this year than in previous years. The Internal Revenue Service adjusts these limits each year.  The cost of long-term care services can in large part depend on where you live. Check out this online tool to get an estimate based on your ZIP code.  The ins and outs of LTCI products can prove to be complicated. Consult with an experienced tax or elder law attorney in your area. An elder law attorney can provide guidance on purchasing an LTCI policy and also assist you in planning for the possibility that you will need long-term care in the future.