Renaud Co Blog

Matt Renaud's Financial Blog
Nov 21
2008

Estate Planning

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An Alternative for Maximizing the Applicable Exclusion Amount

One of the most common estate planning strategies for married individuals is for each spouse to leave his or her entire estate to their surviving spouse. Due to the unlimited marital deduction, an entire estate (regardless of size) can pass to the surviving spouse without incurring any federal estate taxes upon the first death. However, such a strategy fails to take advantage of the applicable exclusion amount of $2,000,000 for 2008* that each individual can transfer to heirs completely free of gift or estate taxes, potentially subjecting the survivor’s estate to higher than necessary future taxes. This undesirable situation occurs because all property remaining in the survivor’s estate will otherwise be subject to estate taxation.

 

One popular trust arrangement designed to address this issue in advance is the common "A/B" combination, typically set up as a revocable trust that can be modified at any time prior to death. However, there is another option known as a qualified disclaimer, that can provide some flexibility after a spouse has died.

More about Qualified Disclaimers.

This post-mortem planning technique may be useful in situations where "A/B" trusts or similar arrangements were not established prior to death. Rather than transfer all property to the surviving spouse using the unlimited marital deduction, thereby wasting the first spouse’s applicable exclusion amount, the surviving spouse can disclaim a portion of his or her inherited property. The disclaimed property then passes to other heirs or beneficiaries as if the surviving spouse had predeceased. The estate can then take advantage of the applicable exclusion amount with respect to the disclaimed property.

In order to be effective for federal tax purposes, a disclaimer must meet the following requirements:

  • The disclaimer must be in writing and must be irrevocable.

  • The disclaimed interest must pass without direction by the person disclaiming the property. Consequently, before deciding to disclaim, it is advisable to know who, under the will or applicable state laws, will receive the property instead. Typically, a will can direct the disposition of any disclaimed property.

  • The written refusal must be received by the grantor of the interest (or the grantor’s estate) within nine months of the taxable transfer creating the interest (or, where the disclaimant is a minor, within nine months of the disclaimant’s 21st birthday).

  • With the exception of a spouse, the person disclaiming the property cannot receive any benefit from the disclaimed property, such as trust income.

Spouse’s Special Exemption

If the surviving spouse wants to take advantage of this strategy, yet desires a lifetime income from the disclaimed property, a provision in the decedent’s will could accomplish this feat by establishing a disclaimer trust. With this alternative, the surviving spouse can effectively establish an "A/B" trust after the death of the first spouse.

Disclaiming an inheritance might prove useful in certain situations. For example, suppose your wealthy uncle, a widower without children, has named you as the beneficiary of his entire estate, but has also stipulated that should you die before him, his estate will be distributed to your children. Sadly, your uncle passes away unexpectedly, at a time when you are financially comfortable and really don’t need the money. Accepting your inheritance will just increase the value of your estate and your potential tax bill. A better alternative might be to benefit your children today by disclaiming the inheritance, with no associated gift tax imposed as a result of the transfer assuming all qualified disclaimer requirements are satisfied.

Proceed with Caution

Be aware that there are instances, such as in smaller-sized estates for which a surviving spouse’s standard of living will be dependent upon all of his or her assets, where a qualified disclaimer may not be an appropriate planning choice. In addition, if the property in question is of substantial value and is transferred to an individual two or more generations younger than the donor, a disclaimer could trigger generation-skipping transfer taxes.

  Nevertheless, under the appropriate circumstances, a qualified disclaimer may be an effective tool to assist in reducing the effects of transfer taxes. Remember, however, that any decision to disclaim an inheritance should be carefully reviewed carefully, in advance, with a qualified legal professional to determine if such a decision is consistent with your overall goals and objectives.

*The applicable exclusion amount is scheduled to increase to $3.5 million in 2009. Unless Congress enacts further reform, federal estate taxes will be repealed in 2010, and then reinstated in 2011 at levels in effect prior to the Economic Growth and Tax Relief Reconciliation Act of 2001.
Nov 21
2008

Retirement

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Continuing Care Retirement Communities:
The Answer to Aging?

Imagine yourself as a retired person enjoying safety and independence in comfortable surroundings and having few worries about bills or catastrophic illness. A dream? Yes, but one already coming true for thousands of people who live in continuing care retirement communities (CCRCs).


For a one-time payment plus a monthly fee, you can get a contract that entitles you to an apartment or home, meals, medical service and, if necessary, nursing home care until you die. According to the American Association of Retired Persons (AARP), the one-time entrance fee can range from $20,000 to $400,000, depending on the type of residence and its location, while fees can average from $200 to $4,000 for maintenance, housework, and other personal services (AARP, 2007).  In return, all forms of long-term care are guaranteed and typical amenities include meals, recreational and educational activities, scheduled transportation, and emergency help.

Communities Vary in Appearance

A CCRC can range from a high-rise building in an urban center to an apartment complex located within a small town. They can be found in virtually every state; however, California, Florida, Pennsylvania, Oregon, and Washington tend to be pacesetters in this area, either in terms of numbers of facilities available or having state legislatures that are highly supportive of long-term care facilities.
Continuing care retirement facilities are not new. The oldest were established before 1900, with the vast majority having appeared since 1960. Many CCRCs are run by nonprofit groups, while some are affiliated with religious or fraternal organizations.

Seek Legal Advice

If you are considering this retirement option, legal advice is a must because CCRC contracts are complex. You should investigate if the facility is accredited by the Commission on Accreditation of Rehabilitation Facilities, an organization that checks the quality of health care offered, the facility’s financial stability, and what type of consumer protections it has in place. Visit their website at www.carf.org for more information.

Additionally, you can ask for biographies of the community’s principal owners and operators to access their expertise. In most states the insurance commission regulates CCRCs, so you can call that agency to request a copy of the facility’s latest audit report. You can also request the names of current residents and interview them about their experience living at the facility.


 
 For more information about continuing care retirement communities, contact the American Association of Homes and Services for the Aging (www.aahsa.org) or the American Association of Retired Persons (www.aarp.org).

Nov 20
2008

Fee Based Planner

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Renaud & Companyis a fee-only financial planning firm committed to assisting client to reach their financial goals. Fee-only planners, like us, are compensated solely by fees paid by their clients and do not accept commissions or compensation from any other source. As fee-only planners, we believe there is a significant conflict of interest if an advisor stands to gain financially from the purchase of any investment or insurance product he or she recommends to the client.

What is it?
Why is it better?
Fee-only vs. Fee-based
Standard Payments for Services

What is it?
Fee-only investment management is the newest and most attractive way to pay for professional money management and is the type of arrangement recommended by many leading financial writers and experts.

Rather than paying sales commissions for brokers to sell you products you pay instead a reasonable annual fee, based on your account value. The fee-only advisor does not charge commissions. He/she is interested in growing your account and providing long-term service.

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Why is it better?
Renaud & Companycharges a reasonable, quarterly management fee based on the value of your account.

The main difference between a Stockbroker and us is that they make a living by charging their clients commissions. Therefore the more the charge the more money they make.

Stockbrokers often charge 1% - 2% per trade on stocks, and as much as 6% on mutual funds. Stockbrokers may also have hidden charges such as 12b-1 fees or surrender fees on mutual funds, surrender fees and bloated internal expenses on annuities, and heavy markups on products like unit trusts or bonds.

On the other hand, as a fee-only advisor, our compensation is a flat percentage of your account value. We do not earn any money from commissions, trailers, or markups. We earn money only if your account grows or if we gain new clients.

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Fee-only vs. Fee-based
Do not be confused or misled! - Fee-only is definitely not the same as fee-based. Fee-based is a confusing term for a compensation structure that used to be called, "fee-plus commission."

Fee-based usually means that you pay for a plan or other advice and then pay to buy investments with commissions or markups that go to the advisor. This can be worse than the straight commission arrangement because you may pay twice without realizing it.

Fee-only is what leading financial writers often recommend. It is safer, more objective, and without the drag of commissions it has every reason to have performance as good or better than the fee-based or commission approaches.

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Standard Payments for Services
There are three basic ways you can pay for investment help: by the hour, by a set fee or by commissions.

Specific advisory services such as evaluating your overall financial needs, developing a comprehensive financial plan or developing an asset allocation plan are usually billed on an hourly basis. Fee-only advisors charge either a set fee for services rendered or a fee, usually 1- 2%, based on a percentage of the assets under management. A commissioned advisor gets paid on a per transaction basis by the companies whose products he or she sells.

For ongoing management, the type of payment arrangement you have is important because of the issue of sales pressure. If an investment advisor is compensated solely by commissions or is affiliated with a firm that offers only it’s own proprietary investments, you’ll want to know the implications of this arrangement and get assurances that this will not influence decisions made for your account.

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Nov 20
2008

Financial Planning

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Why Renaud & Company?

Your choice of the right financial professional is not a simple one. It could also be the most significant investment decision you will make in your lifetime. Here at Renaud & Company, our main objective is to help provide you financial security today and far into the future. We conduct an in-depth evaluation of your financial profile in order to create a structured plan based on saving and investing. Your financial goals will always dictate which financial instruments we will implement in order to obtain financial success. We will help you maximize your financial efforts with a well-organized plan and continue to provide you details and recommendations throughout your relationship with us.

What is Financial Planning?
Is a Financial Planner right for me?
Benefits of working with a Financial Planner?
What are the Services to Expect from a Financial Planner?
What is the Personal Financial Planning Process?


What is Financial Planning?

Financial planning is the gathering of information relating to the financial health and well being of a client. Through an interview process, a client’s financial concerns and future goals are established. The information gathered is then analyzed and compared with the client’s stated goals. From this comparison, recommendations can be made to help a client adjust their current financial behavior so that any gaps can be filled and/or any current plans can be altered to meet goals. Or, best-case scenario, it can simply validate the path they are currently on is the correct one.

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Is a Financial Planner right for me?

Whether you have very limited resources or a sizable estate, you can benefit from the services of a financial planner.

Today, it is almost impossible for anyone not working in the financial field to keep up with the rapidly changing financial products, tax laws, and the volatile economy.

Financial product information and planning ideas abound... each claiming to be the best. You are given financial advice in articles, radio talk shows, and advertisements, but, this information is often fragmented and not related to your total, personal, financial situation.

Putting all this information together into a workable plan can be a daunting project for individuals. We strive to explain your options in easy to understand terms showing how each option could affect you.

The busier you are, the less time you have to devote to sorting out these issues, and yet, a comprehensive financial plan can be the key to your financial success. Good planning always costs less than good reacting.

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Benefits of working with a Financial Planner?

The benefits of taking some time and sitting down with us to create that financial planning road map are numerous and will depend on your individual circumstances. However, one of the key benefits of a well-laid out financial plan that is implemented and monitored is that it will generally allow you to reach financial independence sooner than if you had not formulated a plan of action.

Financial independence can mean different things for different people but for many it means the ability to cease regular employment knowing that they have enough assets and retirement income to maintain a certain lifestyle for the rest of life and provide for their beneficiaries after death.

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What are the Services to Expect from a Financial Planner??

As Renaud & Companywe take the time to get to know you, your financial situation, your financial goals and your risk tolerance. When you decide to work with us, you should expect to receive these services:

Personal attention: We will take the time to go through a full interview with you, asking questions to get to know your entire financial situation, your risk tolerance and your goals before setting up a customized financial plan.

Help develop an asset allocation strategy: Help develop an asset allocation strategy: Once you've worked with us to determine your risk tolerance, we can help you allocate your money based on a mix of asset classes with varying degrees of risk that fit your time horizon and comfort level.

Advice on specific investments that match your goals: Advice on specific investments that match your goals: When you're comfortable with your financial plan and have determined an asset allocation strategy, we will then make specific recommendations on the types of mutual funds and securities that will best meet your needs. We will to provide research supporting our recommendations.

Answers to your financial questions: If the markets become volatile, we will be available to help you understand the reasons behind the instability. If you hear of an interesting investment opportunity or a new stock offering, We have the knowledge to research and investigate these opportunities and to help you decide if they fit into your overall plan.

Proactive management of your account: We can also bring investment opportunities to your attention, based on detailed knowledge of your financial plan and goals. Furthermore, we help you manage your expectations by explaining the rewards and risks of any investment.

Ongoing, regular check-ups: We will call on a regular basis to see if your financial situation has changed. If you've gotten married, switched jobs, had a child or purchased a home, your financial plan may need to be adjusted to account for these changes. At least once a year, we will review your account with you and make any adjustments necessary to ensure your plan continues to meet your situation and goals.

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What is the Personal Financial Planning Process?

The financial planning process can be thought of as a science, where a logical step-by-step process is taken to assist you in achieving your financial goals. Our primary focus will be to coordinate all areas of your total planning picture to achieve the highest level of outcome for all concerned - emotionally and financially.

1. Initial Interview: We will meet to discuss how our company will be able to impact your personal, family and business goals.

2. Data Gathering: As a first step towards working together, we spend time with you in a fact-finding interview. This conversation provides us with sufficient information to conduct an accurate analysis. We begin to discover more specifics about your goals and values, and your current financial situation.

Examples of the information that will be gathered includes:

  • Current income taxation
  • Investment and Asset Management
  • Wealth Accumulation or Preservation
  • Income/Cash Flow Planning
  • Financial Independence
  • Business Continuation or Disposition
  • Estate Planning and Gift & Estate Tax Planning

3. Analyze and evaluate your financial status: We evaluate the data collected to gain a better understanding of your situation and your unique requirements in order to create your Financial Plan. All the information gathered in Step 2 will be incorporated and its time to start the process of determining if you can meet your stated financial goals and objectives. If you are unable to meet your goals then current problem areas will be identified that are hindering you in meeting these goals.

4. Recommending a Plan: This step simply involves meeting with us to discuss the analysis and plan recommendations. We determine the direction of plan development and prioritize issues to resolve. We are here to help you with the accomplishment of your goals in the way you desire and see fit.

You should ensure that you understand and are comfortable with our recommendations presented. That is, you should feel that you would have the ability and discipline to execute the recommendations on a current and on going basis if required.

5. Implementing the Plan: This step is absolutely crucial to ensure that the recommendations in Step 4 are put into action so you can commence your journey to achieving financial independence. At this time you will have a solid understanding of what needs to be done to maximize income and assets in order to have the greatest impact on your desires, goals and dreams. This will act as the implementation guide as well as a benchmark for monitoring the project as we all move forward in time. As a point of service, often noted in the financial plan are future implementation strategies that will come up for review. Comprehensive planning is always an ongoing process and we are here to help and serve.

6. Monitoring the Plan for changes and progress: We conduct periodic portfolio reviews and maintain ongoing personal communications to keep you informed and involved. We also invite your input, encouraging you to keep us informed as any questions, concerns or significant financial developments occur. We may recommend investment adjustments when your situation or objectives change or when an opportunity arises to maximize investment performance.

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Nov 20
2008

Financial Planning FAQs

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What is financial planning?
Why should I make a financial plan?
Who is a financial planner?
Can I do my own financial planning?
What should I look for in a financial planner?
How can I plan for tomorrow when I can hardly pay for today?
How much should I be saving?
What if I don't achieve my goals?
Why do I have to provide so much personal information?
What type of information do I have to provide?
What should a financial plan include?
Why is there an evaluation of my insurance needs?
What about taxes?
After a plan is developed, what next?
How often should I update the plan?
Do I have to meet my financial planner?

 

1. What is financial planning?

Financial planning is the process of meeting your life goals through the proper management of your finances. Financial planning helps you make advance provision for financial needs that will arise in the future. The objective of financial planning is to ensure that the right amount of money is available in the right hands at the right point in the future to achieve an individual's life goals.

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2. Why should I make a financial plan?

Financial planning provides direction and meaning to your financial decisions. It allows you to understand how each financial decision you make affects other areas of your finances. For example, buying a particular investment product might help you save adequately to finance your child’s higher education or it may provide enough for a comfortable retirement. You can also adapt more easily to life changes and feel more secure that your goals are on track.

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3. Who is a financial planner?

A financial planner is someone who uses the financial planning process to help you determine how to meet your life goals. The key function of a financial planner is to help people identify their financial planning needs, their present priorities and the products that are most suitable to meet their needs. He or she normally possesses detailed knowledge of a wide range of financial planning tools and products, but his major role is to help clients choose the best products for each need. The planner can take a 'big picture' view of your financial situation and make financial planning recommendations that are right for you.

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4. Can I do my own financial planning?

Some personal finance software packages, magazines or self-help books can help you do your own financial planning. However, you may decide to seek help from a professional financial planner if:

  • You need expertise you don't possess in certain areas of your finances. For example, a planner can help you evaluate the level of risk in your investment portfolio and revise your asset allocation;
  • You don't feel you have the time to spare to do your own financial planning;
  • You know that you need to improve your current financial situation but don't know where to start;
  • You feel that a professional advisor could help you improve on how you are currently managing your finances;
  • You have an immediate need or unexpected life event such as an inheritance or major illness;
  • You want to get a professional opinion about the financial plan you developed for yourself.

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5. What should I look for in a financial planner?

A financial planner works for you. His or her loyalty should be to the client, not the product(s) he is trying to sell. The financial planner should be in a position to provide you with unbiased advice and recommend products that match your needs and are the best performing ones available. Look for any affiliations of the financial planner to any product manufacturer. Unless the financial planner is truly independent, (s)he will not be able to give you objective advice.

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6. How can I plan for tomorrow when I can hardly pay for today?

Create a budget. Determine what you actually spend each month. There are fixed expenses like rent, loan repayments, etc. every month about which we can do little. The variable items such as food, clothing and entertainment are often what get away from us. Use your discretion to contain these variable expenses to start saving.

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7. How much should I be saving?

It is hard to apply a rule of thumb toward savings, because it varies with age and income level. Ten percent is a good start. If you find that is too high for you, don't let that deter you. You can start by putting a little aside each month and then slowly increasing it.

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8. What if I don't achieve my goals?

Financial planning is a common sense approach to managing your finances to reach your life goals. It cannot change your situation overnight; it is a lifelong process. Remember that events beyond your control such as inflation or changes in the stock market or interest rates will affect your financial planning results.

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9. Why do I have to provide so much personal information?

onsider a visit to your doctor. Without complete and fully accurate details, your doctor cannot prescribe the best course of action. The same applies to financial planning. In order to obtain the best service for your 'financial health' all details and specifics must be disclosed.

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10. What type of information do I have to provide?

Typically, information regarding investments held, number of dependants, income and expenditure details, savings and financial planning needs, etc. The more accurate information you give, the better the quality of advice given.

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11. What should a financial plan include?

A financial plan should include a review of your net worth, goals and objectives, investment portfolio, cash flow, investments, retirement planning, tax planning and insurance needs, as well as a plan for implementing your goals.

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12. Why is there an evaluation of my insurance needs?

Evaluating your insurance needs is part of personal financial planning. Insurance takes care of your unpredictable needs and as these needs can arise at anytime, insurance is extremely important. Investments take care of your predictable needs and ideally should follow after your unpredictable needs are first addressed. The insurance industry has changed a great deal over the past few years and there is a whole array of new products from LIC as well as private insurance companies.

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13. What about taxes?

It is important that financial plans are tax efficient. The financial plan should help you in minimizing your tax liability and also maximizing your after-tax returns from your investments. Some financial planners help their clients in preparing and filing their tax returns.

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14. After a plan is developed, what next?

The best plan is useless unless it is put into action. Your financial planner will assist you completely in implementing the plan, if and when, desired by you.

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15. How often should I update the plan?

It is good to review the plan when there is a lifestyle change such as marriage, birth, death or divorce. Any change in financial position should be evaluated as well. Most people have an annual update that reviews how the plan is being implemented. The review also considers changing goals and circumstances.

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16. Do I have to meet my financial planner?

That depends upon what you need. We have provided a questionnaire for you to fill out. Based on your responses, we will be able to prepare a financial plan customized for you. If you require a more detailed session with a financial planner, please call at , fax us at or email us at .

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Nov 20
2008

Retirement Planning FAQs

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1. What is a Minimum Required Distribution?
2. How much should I be saving in my 401(k) plan?
3. Should I borrow money from my 401(k) plan?
4. Can I take a loan from my IRA?
5. What should I do with my company retirement money if I am leaving my job?
6. Can I make additional contributions to my Traditional Rollover IRA?
7. My employer already sent me a check for my plan distribution and withheld 20%, can I get that money back?
8. Can I make additional contributions to my Inherited IRA?
9. Can I take a "hardship withdrawal" from my 401(k)?
10. What is the difference between a 401(k) and a 403(b) plan?
11. How will signing up for a 401(k)/403(b) plan affect my take-home pay?
12. What is an employer match?
13. Will investing in my employer's retirement plan affect my Social Security benefits?
14. Can I join my company's retirement plan if my spouse already contributes to a retirement plan at work?
15. What is vesting?

 

1. What is a Minimum Required Distribution?

Tax-deferral for money in IRAs, 401(k)s, and other qualified retirement plans eventually comes to an end. By law, under most circumstances, you must begin taking a required minimum distribution (RMD) annually once you reach age 70 1/2. For tax purposes, these distributions must be considered income. (Of course, if you have made nondeductible IRA contributions, they are not considered taxable income when withdrawn.)

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2. How much should I be saving in my 401(k) plan?

Most financial advisors recommend that you aim to save at least 10% of your salary. However, if that sounds too tough, try the 1% solution. You start by saving an amount you can afford, then raise it by one percentage point a year. For example, if you start by saving 2% of your income, the next year save 3%. In the third year save 4%, and so on. You'll soon be saving more than you thought possible.

Others call themselves Financial Planners, but they may only be able to recommend that you invest in a narrow range of products, and sometimes products that aren't securities. Before you hire any financial professional, you should know exactly what services you need, what services the professional can deliver, any limitations on what they can recommend, what services you're paying for, how much those services cost, and how the adviser or planner gets paid.

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3. Should I borrow money from my 401(k) plan?

A home-equity loan is often cheaper than a 401(k) loan. If you have a significant amount of equity in your house and a good credit record, you will usually be better off taking out a home-equity loan rather than borrowing from your plan. That's because in most cases you can deduct your home-equity interest payments from your income taxes, which dramatically reduces the real cost of the loan. By contrast, interest on a 401(k) is not deductible and IRS penalties may apply.

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4. Can I take a loan from my IRA?

No, you may not borrow from your IRA. However, once per 12-month period, a distribution may be taken and rolled back into an IRA within 60 days of receipt of the distribution. No taxes or IRS penalties will be incurred by the account holder as long as the distribution is rolled back within 60 days. But, as always, you should consult your tax-advisor to ensure you do not incur any IRS penalties.

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5. What should I do with my company retirement money if I am leaving my job?

If you're about to receive a payout from your employer's retirement plan, you need to make an informed decision about placing your funds where taxes and penalties won't erode them. The most popular choice for sheltering retirement plan payouts is a Traditional Rollover IRA because it offers several advantages. With a Traditional Rollover IRA you'll:

  • Avoid taxes and IRS penalties you would incur if you receive your payout directly
  • Continue to have your money grow tax-deferred until you retire, when withdrawals may be taxed at a lower rate
  • Have the flexibility, at a later date, to possibly move your money into a new employer's retirement plan (if funds are not commingled with other IRA funds)

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6. Can I make additional contributions to my Traditional Rollover IRA?

You may make additional contributions to your Traditional Rollover IRA. However, in doing so, you may forfeit your opportunity to roll over your assets into a new employer-sponsored retirement plan. This includes cash contributions, combining an existing IRA with your Rollover IRA and even a 401(k) or 403(b) payout.

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7. My employer already sent me a check for my plan distribution and withheld 20%, can I get that money back?

Yes. If you deposit your check into a Traditional Rollover IRA within 60 days, with the amount equal to the 20% withheld. If you do not make up the withheld amount, it will be considered as a distribution and taxed as ordinary income. It could also be subject to a 10% IRS early withdrawal penalty. By funding your Rollover IRA within 60 days with 100% of your retirement plan payout, you may be entitled to a tax credit for the 20% withheld by your employer as a tax credit when you file your tax return.

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8. Can I make additional contributions to my Inherited IRA?

Unless you are the spouse of the decedent and are eligible to treat the IRA as your own, contributions to Inherited IRAs are not permitted.

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9. Can I take a "hardship withdrawal" from my 401(k)?

If you have no other way of getting the money for certain large expenses, you may be able to withdraw money from your retirement plan. However, restrictions vary by plan. If you need money for the purchase of a primary home, prevention of eviction from or foreclosure on your home, payment of certain medical emergency costs, or college tuition for you or your eligible dependents, you might be able to take money from your 401(k) retirement plan. But such a hardship withdrawal will still be subject to taxes and possible IRS penalties. Your employer may be ultimately responsible for determining whether a certain instance constitutes an emergency.

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10. What is the difference between a 401(k) and a 403(b) plan?

A 401(k) plan is a type of qualified retirement plan offered to you by your employer under section 401(k) of the Internal Revenue Code. A 403(b) plan is a somewhat different type of retirement plan, which has many of the same features of the 401(k) plan, but is offered only to employees of tax-exempt, non-profit organizations and educational institutions.

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11. How will signing up for a 401(k)/403(b) plan affect my take-home pay?

Contributing "pre-tax" money to your employer's qualified retirement plan reduces your current taxable income by the amount of salary you defer under the plan. Therefore, you are able to invest more than you otherwise would if you put your money into a comparable after-tax investment. For example, one hundred dollars ($100) invested pretax would "cost" you the same as $72 invested after tax (assuming you are in the 28% tax bracket).

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12. What is an employer match?

A big advantage of your employer's retirement plan is that your employer may match a portion of the contributions you make to the plan. For example, your employer may make matching contributions of 50 cents for every dollar you contribute. You will also not be taxed on any matching contributions until you receive a distribution or withdraw amounts from the plan.

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13. Will investing in my employer's retirement plan affect my Social Security benefits?

No. The amount of Social Security taxes (FICA) paid on your behalf will not be affected if you reduce your taxable income by contributing to your employer's retirement plan. These amounts continue to be treated as "wages" and therefore are subject to FICA taxes.

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14. Can I join my company's retirement plan if my spouse already contributes to a retirement plan at work?

Yes, your spouse's participation in an employer's retirement plan does not affect your ability to participate in your own employer's plan.

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15. What is vesting?

Vesting refers to your right as a participant in a company sponsored retirement plan to receive a present or future retirement benefit that is not contingent on you remaining employed by the employer. You will always be 100% vested in contributions you have made to the plan. Contributions made by your employer, however, will often vest according to a vesting schedule, where your vested percentage will increase based on your years of service with the employer. By law, it can take no longer than seven years of service for you to become 100% vested in any contributions made by your employer, including earnings. Vesting schedules vary from plan to plan.

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Nov 20
2008

Retirement Planning

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Everyone wants a golden retirement. But saving for retirement is no easy task. The baby boomer generation is graying. More and more people are approaching retirement age. With Social Security's assets being consumed and the number of workers that will support it shrinking, we will have to rely more on our personal savings when it's time to retire.

Today, we have a myriad of options to help each of us prepare for the golden years. Yet, without a specific plan of action, many people find themselves falling short when it is time for them to live off of their life's work.

Click below to learn about some of the most powerful retirement strategies, including:

Take the time to review your options, and ensure that you're prepared when it's your turn to retire. And when you're ready to speak with a professional about saving for retirement, call us at 636-240-5055.

 

Annuities

Annuities are flexible insurance contracts designed to provide income and help you achieve long-term savings goals. And these are not unused financial vehicles: last year alone, annuity sales topped $200 billion.

Much like a CD is a contract between you and a bank, an annuity is a long-term contract between you and an insurance company. In essence, the same company that insures your home or protects your family may also help you save for retirement.

After making a single lump-sum premium payment, or a series of periodic payments, individuals can then receive regular annuity payments from the insurance company. These payments can be made over a definite period of time, or they can last a lifetime.

Payments to the annuity owner can also be tailored to begin after the contract has been established for a number of years, or they can begin immediately after the first premium payment is made.

Annuity owners even have the choice of receiving regular fixed interest rates (better known as a "fixed" annuity), or having their annuities grow depending on the growth of underlying variable accounts (referred to as a "variable" annuity). Over time, insurance companies modified and enhanced both types of annuities; however, their basic premise has always remained the same. And because annuities are issued by an insurance company, Congress allows them to grow tax-deferred under current tax laws.

 

A Myriad of Options

Tax-deferral is not the only reason why annuities have mushroomed in popularity. While they typically have maturity dates of 5-7 years, annuities require no medical exams, and can usually be opened by filling out a basic annuity contract.

Today, there are hundreds of annuities to choose from, designed for different retirement goals. When it comes to fixed annuities, insurance companies sometimes offer higher intial rates to attract would-be buyers, while other companies promise consistent interest rates throughout the life of the annuity contract. Rates, maturity periods, and death benefits are just some of the options to look for in a fixed annuity.

Modern variable annuities also give you the option of directing how your money should be invested in separate accounts. These accounts are offered by some of the most respected money managers in the industry. Many mutual fund companies will also offer variable accounts that closely mirror their mutual funds in terms of performance, holdings and risk.

During the late 1980's, insurance companies began bundling more of these segregated accounts inside their variable annuity products. To remain competitive and increase brand awareness, well-known money managers began offering even more variable annuity accounts, in addition to their existing mutual funds.

You can find many of the most popular money managers in today's variable annuity. When you own a variable annuity, you can tell the insurer which underlying accounts you would like to use. The value of the annuity contract will then vary depending on the performance of the separate accounts you chose.

These variable accounts may rise or fall in value. However, with variable annuities, you can invest in a number of different options without additional costs or transaction fees. Plus, many insurance companies will offer a death benefit that will never be lower than the amount you originally invested.

With today's variable annuity, you can tailor your retirement account to meet your own individual needs.

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Annuity Flexibility

Annuities are one of the most flexible savings vehicles today. You can use after-tax money to deposit into an annuity, or you can fund your annuity by rolling-over qualified money.

For example, traditional IRA and 401(k) owners can transfer their accounts into a qualified annuity, which maintains their tax-preferred status. In some cases, annuities will offer fixed interest rates, added death benefits, or other features from the insurance company that are not available in a qualified retirement plan.

Non-qualified (or "after-tax") annuities are just as popular. Because no rollover from another account is involved, non-qualified annuities often require less time to establish. In addition, when you withdraw funds, you'll only pay taxes on your accrued interest, since your principal was already taxed once before (when you earned it).

Up until this point, we've focused primarily on options available during the accumulation phase. But what about the payout phase, when the annuity returns its value to you? Fortunately, annuities can also provide incredible flexibility during the payout phase, as well.

When the payout phase begins, you can opt to receive your annuity's value in one lump-sum, or you can elect to receive a steady stream of payments in regular intervals (e.g. monthly, quarterly, etc.).

If you decide to opt for a regular stream of payments, many insurers will allow you to have annuity payments last for a set amount of time (such as 10 or 20 years). Many contracts also allow you to receive payments for as long as you and your spouse live.

For many annuity owners, having indefinite payments for the rest of your life provides a predictable source of income. Some variable annuities will even let you choose between fixed payments, or payments that fluctuate based on the performance of mutual fund investment options.

As a rule of thumb, the longer your payment period, the smaller your payments will be. These conditions are clearly spelled out in the terms of the annuity.

Want more flexibility? Some annuities are designed to be immediate annuities. Immediate annuities have no accumulation phase whatsoever. They begin paying you in regular increments the moment you purchase the contract.

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Choices to Consider

When shopping for an annuity, there are several considerations that must be weighed.

Fixed vs. Variable

Fixed annuity owners appreciate stability. Owners of fixed contracts know exactly how much their contract is earning, and when interest will be credited. Fixed annuities offer assurances that you just cannot find anywhere else.

However, for those that believe they can "do one better" than the insurance company's interest rate, then a variable annuity may be an option. Variable annuities allow you to enjoy the upside of the market. Plus, some insurers minimize downside risk by guaranteeing that your annuity value will not decrease below your initial premium.

Some annuities are also designed to mimic the performance of the market, such as the S&P 500. These so-called "indexed annuities" provide an easy way to track performance, since market figures are readily available via the press.

Immediate vs. Deferred Income

When it comes time to withdraw your money out of an annuity, you have a variety of payment options to choose from. The insurance company can pay you either in a lump sum, make periodic payments, or guarantee you a lifetime of income on a tax-advantaged basis. Depending on the annuity contract you purchase, the choice is yours.

Qualified vs. Non-Qualified

Annuities can accomodate qualified or non-qualified money. For instance, suppose you are switching jobs and need to move over a 401(k). However, you already have an IRA and are looking to diversify your portfolio. You can reduce your portfolio exposure by rolling into an annuity, and not be forced to lose your money's tax advantages.

In another scenario, suppose you receive an inheritance of $20,000. If you don't need the money right away and want to build a long-term nest egg, consider putting the inheritance into an annuity. You'll gain the advantage of tax-deferral. Plus, when it comes time to withdraw from your non-qualified annuity, you'll only be taxed on the accumulated interest, not the principal itself.

Insurance Company

The quality of the insurance company is important, especially when purchasing a fixed annuity. Working with a respected, highly-rated insurer can help eliminate default risk, and ensure a retirement income when you need it most.

Variable annuities, unlike fixed annuities, are not commingled in the insurer's general fund. The separate accounts inside a variable annuity provide an extra hedge of protection should the insurance company run into problems. Nevertheless, the quality of the insurer is vital, especially if your variable annuity has any additional death benefits or rate guarantees.

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Common Benefits

All annuities, fixed or variable, share several common benefits. Here's a summary of what annuities can bring to your retirement portfolio:

  • Ideal for Estate Planning: Proceeds from annuities pass directly to your beneficiaries without the delay, expense, and publicity of probate in most states. If you've ever had a loved one's estate go through this time-consuming legal process, you know just what kind of advantage this is.
  • The Power of Tax Deferral: Because you do not pay taxes on earnings every year, your annuity is able to work harder thanks to tax-deferral. You will have to pay taxes on earnings when you withdraw your annuity's gains, but at least you can decide when that happens.
  • No Contribution Limits: ontributions to other retirement savings vehicles, like 401(k)s and Individual Retirement Accounts, are strictly limited. Annuities, however, offer tremendous flexibility. You can contribute as much as you want, up to the limits imposed by the insurer, to take advantage of tax-deferral or variable accounts inside the annuity. Plus, you can add to your annuity contract at any time.
  • Flexible Payment Options: Unlike 401(k)s and IRAs, which require that you begin making withdrawals at age 70 1/2, you may be able to wait much longer with annuities. When you do decide to begin receiving payments, you can usually select one of the following methods:Lump Sum distribution (a one-time payment)Periodic distributions (you can take money only when you need it)

    Systematic distributions (a fixed or variable amount is sent to you at regular intervals)Annuitization (fixed or variable payments, guaranteed for the rest of your life)

  • Tax Control: The money inside your annuity is made up of two components -- principal and earnings. Assuming your annuity was opened with after-tax dollars, you're only taxed on your earnings.

    Different distribution methods behave differently when it comes to taxes; for instance, Lump Sum, Periodic, and Systematic distributions exhaust all earnings (which are taxable) before tapping principal. Under annuitization, each payment consists of both principal and interest, spreading your tax liability evenly among payments.

    Through these distribution options, you have complete control over when you will pay taxes on your earnings.

    Annuities are not perfect when it comes to tax control. If you should pass away while your annuity is accumulating, all deferred taxes on your growth will become due, reducing your annuity's value.

  • Easy To Start and Maintain: Usually, a simple application, a check, and your signature begins your annuity. And, at the end of each year, you will not receive a 1099 for income earned within your annuity contract. That's one less thing to worry about when April 15th rolls around.
  • Other Features: Annuities also do not offset Social Security benefits like bond, CD, and other investment income does.

    Annuities are easy to establish and often come with a "free look period." Your state of residence or the annuity contract will define a length of time (usually 30 days) where can cancel your contract if you decide it's not right for you.

    You can even exchange older, non-performing annuities into a newer fixed annuity with no tax consequences, thanks to Section 1035 of the Internal Revenue Code.

If you are a conservative investor looking for a consistent way to build your retirement savings, then fixed annuities may be the answer for you. However, if you are financially savvy and believe you can do better choosing your annuity's direction, variable annuities offer you much greater flexibility and control.

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Modified Endowment Contracts (MECs)

For nearly two decades, tax-deferred annuities have enjoyed remarkable popularity. Most tax-deferred annuities require a single premium payment in the beginning, which then accumulates on a tax-deferred basis.

However, annuities are not perfect. For instance, if you should pass away while your annuity is accumulating, all deferred taxes on your growth suddenly become due. Annuities with substantial growth could be reduced significantly, and your children and grandchildren could end up with a fraction of your annuity's value after taxes.

For retirement savers looking to preserve a little more wealth for their family, there may be a solution: a type of life insurance policy known as a Modified Endowment Contract (MEC).

In financial circles, MECs are often compared to annuities because of their similarities. In fact, MECs are technically life insurance contracts that have many of the benefits of accumulation found in annuities... but if anything happens to you, your loved ones will usually receive more than your initial premium, not less.

The Basics of MECs

The same insurance companies that issue annuities also underwrite Modified Endowment Contracts. MECs are very similar to annuities in terms of tax-deferred accumulation of your initial premium.

However, the tax code is not very favorable, particularly if the owner passes away during the annuity's accumulation stage. If that happens, all deferred income taxes on growth become due.

MECs are able to overcome this by including an insurance "rider" in the contract, designed to pass the entire account value to your beneficiaries income tax-free. While specific features will vary by company, MECs offer several distinct advantages over deferred annuities and other wealth-accumulation vehicles:

  • MECs avoid income taxes during the accumulation stage of your account;
  • MECs do not force you to make distributions by a particular age, like some IRAs and 401(k)s;
  • MECs allow you to make withdrawals or loans in cases of emergency;
  • MECs give you the flexibility to choose between fixed and variable account options;
  • MECs provide a lump sum payment to heirs that is tax-free;
  • Unlike annuities, MECs can be owned by certain types of trusts without losing their tax-advantaged status

MECs can provide a retirement income for you, while preserving your legacy for your loved ones.

Reducing Taxes

The Internal Revenue Code provides tax advantages for MECs, regardless of whether you choose a fixed MEC or a variable MEC. Insurance products have always received very favorable treatment by Congress, and MECs are no exception.

Unlike stocks and mutual funds, which are taxed every year, any earnings within your MEC remain untaxed as long as they stay within the MEC account. You choose when to pay taxes, since income taxes on the growth of your MEC are due only upon withdrawal. Over the long haul, this tax-free accumulation can produce dramatic advantages.

Tax-deferral provides this added value, because of the time value of money. Compare the accumulation of a jumbo CD and a MEC, and let's assume both are earning 7%. The CD is taxed on the earnings, reducing your net interest rate. If you're in the 27% tax bracket, you're actually earning 5.11%.

However, for the MEC, it's a different story. Since income taxes are deferred, the MEC is credited with the full 7%.

Of course, CDs have much shorter maturities than MECs, and they're offered by banks (not insurance companies). CDs are also FDIC-insured, while MECs are not. Plus, remember that when funds are finally withdrawn from the MEC, income taxes will be due. However, your MEC money will have worked harder for you, thanks to the time value of money on your side.

Long-Term Strategy

Tax-deferral is wonderful, but there is a small price to be paid in terms of liquidity. MECs are able to grow without annual income taxes being paid, because they are designed for retirement.

Like annuities and traditional IRAs, money placed inside a MEC must remain there past age 59 1/2. If you make a withdrawal from the MEC before that age, the IRS will slap a 10% penalty on any withdrawals made. For this reason, they are not liquid, and should remain in there until you're ready to draw money in the form of retirement income.

It's important to make a distinction between "liquidity" and "flexibility." Because MEC money must remain inside the retirement account past 59 1/2 does not mean you don't have options. To the contrary, many fixed MECs offer a wide variety of payout options to suit your needs.

Variable MECs go one step further, allowing you to choose from several variable accounts. These "variable accounts" are often run by the same professional money managers who run mutual funds. And if you have a favorite mutual fund, chances are the mutual fund manager also runs variable accounts for use in variable MECs.

Let's not forget that as long as your account is accumulating and no withdrawals are made, no Form 1099s reporting income will be generated. At the very least, this maintains a degree of privacy. And, in many states, MECs also offer asset protection from creditors. If anything happens to you, your MEC also avoids probate. Resembling an annuity once more, MECs pass probate-free to your named heirs. This probate bypass will spare your family the time, expense and public exposure that probate can bring.

When purchasing a MEC, it's important to look at the quality of the issuer. If you were buying an annuity or life insurance policy, you'd want a highly-rated insurance company behind your purchase. MECs are no different, since the same insurance companies that offer traditional life insurance and annuities also offer Modified Endowment Contracts.

If you're concerned about your MEC issuer's stability, there are many safeguards already in place by law. For instance, in a variable MEC, each variable account is in a separate custodial trust. Your money is invested with the separate portfolio managers, and is not commingled with the issuer's general accounts.

Once you purchase a MEC, you don't have to keep it forever. Section 1035 of the Internal Revenue Code allows you to switch from one MEC to another without incurring taxes on the growth of your MEC. However, if you switch to another MEC before your guarantee or "maturity" period has expired, you may incur company-imposed surrender charges. Always check those charges carefully before choosing your MEC.

Plus, MEC's usually have a death benefit higher than the actual cash value. This feature is especially useful for variable MECs, since your family may be guaranteed a death benefit greater than the payments you made, no matter what happens with the performance of your variable accounts.

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Roth IRA

Roth IRAs, unlike traditional IRAs, have a simple premise: you pay income tax going in, rather than when you pull out.

Named for Sen. William V. Roth from Delaware, the Roth IRA represents an enhanced level of flexibility for people saving for their retirement.

The Roth IRA is a type of account that you establish through a qualified broker. Beginning in 2002, you can contribute up to $3,000 annually to your Roth IRA. Any contributions that you make to your Roth IRA are considered "after-tax," and cannot be deducted from your tax return. However, when it is time for you to draw money from your account, you will not pay income taxes on the growth of your account. If you're in a high tax bracket, that can amount to tremendous savings.

The Economic Growth and Tax Relief Reconciliation Act of 2001, signed into law by President Bush, increased the annual amount you can contribute from $2,000 to $3,000 ($3,500 if age 50 or over). Plus, in 2005, the annual amount increases to $4,000. And in 2008, the maximum annual contribution rises once again to $5,000.

Just like a traditional IRA, Roth IRA accounts can hold stocks, mutual funds, and other types of investments. Retirement-minded investors, looking to build their nest egg, can open a Roth IRA brokerage account and invest it like they would any other account. However, unlike other types of brokerage accouts, your broker will usually ask you to pick a designated beneficiary for your Roth IRA funds, should you pass away with the account open.

People who are still working and are eligible to contribute more have to think about what kind of IRA they should contribute to. This is especially true if you have already accumulated a large IRA, perhaps from the rollover of a retirement plan, and if you want to know whether you should convert that pot of money into a Roth IRA.

If you have accumulated a large traditional IRA, you can elect to convert the entire account to a Roth IRA. Upon conversion, you must declare the entire IRA taxable balance as taxable income and pay taxes on it in the year of conversion. From that point on, the IRA is federal income tax-free during compounding, and federal income tax-free when you pull money from it (if you have held the Roth IRA for at least five years, you are age 59 1/2, or meet other requirements).

If you are a mature American with a large IRA, you have a big decision. Should you convert your nest egg to a Roth IRA? In many cases, it makes sense. If you qualify for a conversion, you may save thousands of dollars for both yourself and your heirs.

Better to Pay Now or Later?

Are you better off waiting to pay taxes, or paying them now? For many, paying your taxes owed now is the smart thing to do. Forget the math... just know that politicians like to spend other people's money. After all, Uncle Sam could collect his pound of flesh later, or just a few ounces now. Traditionally, the U.S. Government prefers to collect its money now, even if the long-term goal is more reduction of the budget deficit.

In this era of budget balancing, politicians need collections today to show that they are working hard to keep the budget balanced.

Looking long-term, Congress may have problems later, but only after our hard-working politicians are probably long-gone. Congress' short-term outlook can be turned around to work for you. Even if you already own a traditional IRA, you can convert it to a Roth IRA. For existing IRA owners, there are restrictions on conversions. For instance, you can convert only if your AGI (Adjusted Gross Income) is no more than $100,000 in the year you make the switch, assuming you're single or married filing jointly.

Who should not convert their existing IRA to Roth? If your tax bracket is higher now than your heirs' tax bracket will be when the money is spent. Also, be very careful if you aren't sure about falling under the $100,000 ceiling. Converting and then discovering later that your income was higher could blow up in your face, creating significant tax penalties.

From an estate planning standpoint, if your main goal is to accumulate as much as you can and leave it for your heirs, conversion can make a lot of sense. Traditional IRA owners must begin taking distributions by age 70 1/2. However, Roth IRAs require no minimum distributions each year during the life of the IRA owner, nor on the life of the IRA owner's spouse. If you want to keep your money growing on a tax-preferred basis longer, then the Roth IRA may hold your solution.

A Look at the Numbers

Suppose you own $20,000 of growth stocks in a qualified IRA, and you believe that you it will be worth $60,000 by the time you spend it.

For simplicity, you are in a 36% tax bracket now, and expect to be in the same bracket in the future.

If your assumptions are correct and you leave your IRA alone, the IRA will grow to $60,000. After paying $21,600 in taxes, you will have $38,400 of spendable cash after taxes.

But suppose, in the beginning, you made the conversion to a Roth IRA. You convert, using $7,200 from the account itself to pay the immediate tax bill. The remaining $13,600 triples to $38,400.

The two outcomes are identical. In this scenario, there's no difference between the two... unless you were under age 59 1/2, in which case money taken from the Roth IRA account to pay tax would also be subject to a 10% early withdrawal penalty.

However, there is another option. Suppose you convert to a Roth IRA in the beginning, and come up with the $7,200 in initial taxes from some other source of cash that would not have qualified for tax-deferred compounding.

Assuming the same growth rate, your Roth IRA would have tripled in value to $60,000 (a full $21,600 more). Best of all, the entire amount would be income tax-free when you needed to make withdrawals... plus, there would not have been a 10% tax penalty on money taken from the account if you were under age 59 1/2.

Sure, you're missing that $7,200 from your outside account, and that money could have grown. However, its growth would've been stunted by the fact you were paying taxes on the income all along.

Remember: in this case, the "time value of money" is definitely on your side. The Roth trade is a bad one for Uncle Sam, and a good one for you.

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Nov 20
2008

Estate Planning FAQ

Posted by admin in Untagged 

1. Why do I need an estate plan?
2. If I don't create an estate plan, won't the government provide one for me?
3. What's the difference between having a will and a Living Trust?
4. The possibility of a disabling injury or illness scares me. What would happen if I were mentally disabled and had no estate plan or just a will?
5. If I set up a Living Trust, can I be my own trustee?
6. Will a Living Trust avoid income taxes?
7. Can I transfer real estate into a Living Trust?
8. Is the Living Trust some kind of loophole the government will eventually close down?
9. Isn't a Living Trust only for the rich?
10. Can any attorney create a Living Trust?

1. Why do I need an estate plan?

Most of us spend a considerable amount of time and energy in our lives accumulating wealth. As we do this, there also comes a time to preserve wealth both for our enjoyment and for future generations. A solid, effective estate plan ensures that your hard-earned wealth will pass intact to those you intend to be your beneficiaries, instead of being siphoned off to government processes and bureaucrats.

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2. If I don't create an estate plan, won't the government provide one for me?

YES. But your family may not like it. The government's estate plan is called "Intestate Probate" and guarantees government interference in the disposition of your estate. Documents must be filed and approval must be received from a court to pay your bills, pay your spouse an allowance, and account for your property and it all takes place in the public's view. If you fail to plan your estate, you lose the opportunity to protect your family from an impersonal, complex governmental process that is a burden at best and can be a nightmare.

Then there is the matter of the federal government's death taxes. There is much you can do in planning your estate that will reduce and even eliminate death taxes, but you don't suppose the government's estate plan is designed to save your estate from taxes, do you? While some estate planners favor wills and others prefer a Living Trust as the Estate Plan of Choice, all estate planners agree that dying without an estate plan should be avoided at all costs.

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3. What's the difference between having a will and a Living Trust?

A will is a legal document that describes how you want your assets distributed at death. The actual distribution, however, is controlled by a legal process called probate, which is Latin for "prove the will." Upon your death, the will becomes a public document available for inspection by all comers. And, once your will enters the probate process, it's no longer controlled by your family, but by the court and probate attorneys.

Probate can be cumbersome, time-consuming, expensive, and an emotional trauma in a family's time of grief and vulnerability. Con artists and others with less than pure financial motives have been known to use their knowledge about the contents of a will to prey on survivors.

A Living Trust avoids probate because your property is owned by the trust, so technically there's nothing for the probate courts to administer. Whomever you name as your "successor trustee" gains control of your assets and distributes them exactly according to your instructions.

There is one other crucial difference. A will doesn't take effect until you die, and is therefore no help to you with lifetime planning, an increasingly important consideration now that Americans are living longer. A Living Trust can help you preserve and increase your estate while you're alive, and offers protection should you become mentally disabled.

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4. The possibility of a disabling injury or illness scares me. What would happen if I were mentally disabled and had no estate plan or just a will?

Unfortunately, you would be subject to "living probate," also known as a conservatorship or guardianship proceeding. If you become mentally disabled before you die, the probate court will appoint someone to take control of your assets and personal affairs. These "court-appointed agents" must file a strict accounting of your finances with the court. The process is often expensive, time-consuming and humiliating.

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5. If I set up a Living Trust, can I be my own trustee?

YES. In fact, most Living Trusts have the people who created them acting as their own trustees. If you are married, you and your spouse can act as co-trustees. And you will have absolute and complete control over all of the assets in your trust. In the event of a mentally disabling condition, your handpicked successor trustee assumes control over your affairs, not the court's appointee.

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6. Will a Living Trust avoid income taxes?

NO. The purpose of creating a Living Trust is to avoid living probate, death probate, and reduce or even eliminate federal estate taxes. It's not a vehicle for reducing income taxes. In fact, if you're the trustee of your Living Trust, you will file your income tax returns exactly as you filed them before the trust existed. There are no new returns to file and no new liabilities are created.

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7. Can I transfer real estate into a Living Trust?

YES. In fact, all real estate should be transferred into your Living Trust. Otherwise, upon your death, depending upon how you hold title, there will be a death probate in every state in which you hold real property. When your real property is owned by your Living Trust, there is no probate anywhere.

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8. Is the Living Trust some kind of loophole the government will eventually close down?

NO. The Living Trust has been authorized by the law for centuries. The government really has no interest in making you or your family go through a probate that will only further clog up the legal system. A Living Trust avoids probate so that your estate is settled exactly according to your wishes.

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9. Isn't a Living Trust only for the rich?

NO. A Living Trust can help anyone protect his or her family from unnecessary probate fees, attorney's fees, court costs and federal estate taxes. In fact, if your estate is greater than $100,000, you'll find a Living Trust offers substantial benefits for you and your family.

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10. Can any attorney create a Living Trust?

NO. You should choose an attorney whose practice is focused on estate planning. Members of the American Academy of Estate Planning Attorneys receive continuing legal education on the latest changes in any law affecting estate planning, allowing them to provide you with the highest quality estate planning service anywhere.

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