February, 2020 - Simms Law Firm

The Secure Act was signed into law on December 20, 2019, by President Donald Trump. This new law ends the availability for beneficiaries of inherited IRAs to stretch the tax-deferred and/or tax-free growth of the assets within it over the beneficiaries’ life-time.

Under the new law, non-spouse beneficiaries will have to withdraw all the funds in the inherited IRA within 10 years from the death of the account holder. It applies to IRAs inherited after December 31, 2019.

An exception to the new 10-year rule is for disabled and minor children.

The new Secure Act could significantly alter your estate planning goals. The Law Office of Debra G. Simms is holding free seminars to discuss how the new law might affect you. Contact us to reserve a seat.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

This blog post is not case-specific and is provided only for educational purposes and is not intended to provide specific legal advice. Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

ESTATE PLANNING ESSENTIALS

In Florida, an estate planning attorney can help with the completion of four very important documents that are necessary such as a:

last will and testament with or without guardianship depending on a scenario where there are minor children,
an advanced healthcare directive,
durable power of attorney, and
living will

A Last Will and Testament is important for the purposes of explaining where and how an individual would like their assets divided, debts resolved and who will be the Personal Representative of the Estate.

An Advance Healthcare Directive is the document that details the type of care you want administered in the event you become disabled and cannot speak for yourself. In Florida this essential documentation is sometimes called a medical directive or advance directive.

A Durable Power of Attorney designates another person to conduct business on your behalf when you cannot. In the event of disability all other powers of attorney become ineffective except for this one document; the durability of this document allows it to survive disability and is fundamental to estate planning.

A Living Will is a declaration regarding your choices of medical care if you are in an end-stage condition, persistent vegetative state, or terminal condition, AND where there is no medical probability of recovery.

The Law Office of Debra G. Simms can be of assistance in the preparation of estate planning documents. The initial 30 minute consultation is free.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

We all know that you can find “Do It Yourself” Wills online. We all know that it costs less money to do your own estate plan than to hire an attorney.

But… what if you press the wrong key when answering the prompts? What if you don’t know how to even answer the question in the prompt?

A few years ago, new clients asked me to review their DYI estate plan. On the bottom of each page in very small print were the words “Nebraska Law applies”. I asked my clients if they lived in Nebraska when they did their Wills. They NEVER lived in Nebraska!

Another client called to say her Durable Power of Attorney was refused by an insurance company. The Do It Yourself document did not include the language required to deal with insurance companies.

And, even more disastrous, was the client whose Will’s beneficiaries included a physically disabled adult child who was receiving federal benefits. These benefits would be lost as soon as the child inherited his rather modest bequest. Did these parents ever hear of a Special Needs Trust? No, the forms they used didn’t have such a provision.

So… remember the old line, penny wise, pound foolish? Do It Yourself documents are plain dangerous. The cost of using a good estate planning attorney could save you or your heirs much more.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

Few decisions are more difficult than the one to place a spouse or parent in a nursing home. Most families try to care for a loved one at home for as long as possible, only accepting the inevitable when no other alternative is available.

The placement decision can be less difficult if, to the extent possible, all family members are included in the process, including the senior, if he or she is able to participate.

I recommend the following steps as you begin this process.

Try to have a family meeting, either with the family alone or with medical and social work staff. If you cannot meet in person, use the telephone or e-mail.
Research all options. Look at-home care, daycare, respite care, assisted living and skilled nursing.
Consider using an Elder Law attorney and a geriatric care manager to help with placement and cost decisions. Try using a senior placement service such as Assisted Living Made Simple in Florida– they know how to “match” the senior with the care facility.

These steps won’t make the decision easy, but they can help make it less difficult.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

NURSING HOME MYTHS AND REALITIES

Many of my clients are worried about long-term costs if they ever need a nursing home. Most do not have any type of long-term care insurance.

These clients typically ask: Will the nursing take my house? Or they say: I don’t want to give all my hard-earned money to a nursing home!

What they are really asking me is how to get on Medicaid! Medicaid is the government assistance program that pays for long-term care. It is meant for folks with low income and few assets.

But… the Medicaid rules are complicated and there are ways to become eligible and keep many of your assets. For example, in Florida, your primary residence does NOT count as an asset when computing eligibility. There are many other types of assets that do not count as well. And if your income is too high, there is a type of income Trust you can create and still become eligible for Medicaid.

However, there is another reality here. Not all facilities accept Medicaid. And you are not likely to get your own room in a Medicaid facility. Further, you will not be able to use your own doctors. For health care, Medicaid patients must be in a managed care plan. And not all treatments and therapies are paid for by Medicaid.

So, no, you don’t need to give your house to the state, but Medicaid is a needs-based program and doesn’t have all the bells and whistles you might want.

Do you have questions or need help with planning for your future?

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

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