Estate Planning 2020 by Messenger-Inquirer

Estate Planning 2020

Inside • Overcoming Your Fears When Making Investment Choices • Choosing an Elder Law Attorney • Leaving a Lasting Impact Through Planned Giving • Understanding the Federal SECURE Act • Pension Benefits for War-Time Veterans

and more

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Messenger-Inquirer Friday, May 8, 2020

Why is it important to plan your estate? If you don’t, someone else will.

People shrug off estate planning for a variety of reasons: They don’t own property; they believe their assets are too few or insignificant; they feel the magnitude of those decisions is too daunting. But if you have any assets, health needs and, particularly, any loved ones, it’s vital to map out a plan while you’re still in a position to do that. In this publication, local leaders in finance, education and elder law present thorough, thought-provoking plans to analyze your assets, determine your long-term care needs, set your goals, and define and preserve your legacy, whether it be supporting students with scholarships to your alma mater or ensuring your family will have a comfortable life. Most importantly, it’s best not to delay. Tomorrow isn’t guaranteed, so seize this opportunity to commit your wishes to plan. Because peace of mind truly is your most valuable asset.

— Messenger-Inquirer

OWENSBORO ESTATE PLANNING COUNCIL For more than 50 years, this group of professional advisors has met regularly to study and educate themselves on a variety of estate planning subjects! Please visit the following web address to access a list of our local members.

Nick Volk President

Heath Greenwell Vice President

Dylon Cecil Secretary

HTTP://WWW.OEPC.COUNCIL.NAEPC.ORG/

Friday, May 8, 2020 Messenger-Inquirer

ESTATE PLANNING

Aid and Attendance Pension

Using this benefit to care for war-time veterans, surviving spouses BY DARRON L. BRAWNER

ATTORNEY AT LAW WESTERN KENTUCKY ELDER LAW, PLC

n Kentucky, we are proud to be the home of so many veterans who have served our country during a declared wartime period, and they, along with their surviving spouses, are entitled to receive a little-known Aid and Attendance Pension from the Department of Veterans Affairs. The Aid and Attendance Pension from the Department of Veterans Affairs can provide up to $2,266 per month to pay for the costs of care at

home, in an assisted living facility, or in a skilled nursing facility. To be eligible for this pension benefit, the veteran must have at least 90 days of active duty service with at least one day during a declared wartime period. Additionally, the veteran, or their surviving spouse, must require the assistance from another person in performing the activities of daily living such as eating, bathing, dressing, undressing or taking care of the needs of nature. There is a net worth limit of $129,094 (which includes checking accounts, savings

accounts, mutual funds, stocks, etc.) to qualify for this pension benefit; however, the good news is that your house does not count as part of your net worth for this pension benefit. There is no place like home, and with this pension, veterans and their surviving spouses can use this pension benefit to pay for care to help them remain at home and receive the care that they need. Under this program, the Department of Veterans Affairs allows family members to be paid as caregivers.

Unfortunately, the Department of Veterans Affairs does little to help veterans obtain this pension benefit and does not advise veterans, or their surviving spouses, how to become eligible for this pension benefit. That is why it is important to consult with an elder law attorney to obtain this pension benefit. Mr. Brawner is the founder of Western Kentucky Elder Law, PLC, an accredited attorney with the Department of Veterans Affairs, and a member of the National Academy of Elder Law Attorneys.

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Retirement account distribution planning BY JERRY GOETZ

PRESIDENT RETIREMENT & FINANCIAL STRATEGIES

he SECURE Act was signed into law in December 2019. This act had multiple provisions. One change affects inherited retirement accounts. Under the new rules, if a person inherits a retirement account such as a 401K or IRA from another individual after they decease, and they are not a spouse of that individual, that person will likely find they may not be able to stretch out their distributions over as many years as the prior rules let them. Most non-spouses, aside from a few exceptions, will be required to take distributions from that inherited retirement account

over a period not longer than 10 be required to take distributions years. from an inherited Roth retirement What does this mean from an account, but the tax ramifications estate planning perspective? If you are much more favorable. Not have money in a 401K or an IRA only are they more favorable, if the and are not relying Roth time holding on those accounts requirement is met, After your death, your as a major source children will have to take the distributions of your retirement will be 100% income income, you may be mandatory distributions tax free. from inherited pre-tax earmarking those Some people find retirement accounts as assets to pass to that after they have income and pay taxes on retired, they are in your children after the distributions based your lifetime. After a lower income tax your death, your bracket than their on their tax bracket. children will have working children. to take mandatory distributions If you are in a lower income tax from inherited pre-tax retirement bracket than your children and it accounts as income and pay taxes is important to you to pass your on the distributions based on retirement assets on to your their tax bracket. They will also children more tax efficiently, you

may want to consider strategies of claiming more income during your lifetime. Your financial advisor and tax professional can help you understand strategies that may be available to you. This information is not intended to be a substitute for individualized tax advice. We suggest that you discuss your specific tax issues with a qualified tax advisor. Jerry Goetz is a registered representative with and securities offered through LPL Financial, member FINRA/SIPC. Investment advice offered through Private Advisor Group, a registered investment advisor. Private Advisor Group and Retirement & Financial Strategies are separate entities from LPL Financial.

A post COVID-19 world:

Friday, May 8, 2020 Messenger-Inquirer

ESTATE PLANNING

A lesson in the importance of estate planning BY KURTIS M. SUNSET

ATTORNEY AT LAW WESTERN KENTUCKY ELDER LAW, PLC

n a cold and gloomy day in March 2020, when we all looked forward to the coming spring and sunshine, Gov. Andy Beshear announced that COVID-19 had trespassed its way into the lives of Kentuckians. By mid-April, there were over 2,500 confirmed cases, with over 100 fatalities, and Kentucky was under a state of emergency. Regardless of our political views, or arguments over how to best handle the pandemic, we all learned a valuable lesson in these tragic times. The lesson of the COVID-19 tragedy stems from the age-old quote: “Do not put off until tomorrow that which can be done today,” and the overall importance of being prepared for unexpected events. When COVID-19 hit, we witnessed the unexpected in the legal community, such as the shutting down of courts

for all non-emergency situations, the postponing of probate hearings, and the issuing of stay-at-home orders. To further complicate estate planning, nursing homes placed restrictions on outside visitors, pivotal planning businesses were closed, and social distancing made signatures difficult to obtain. Therefore, as we recover from this tragedy, we encourage that the following two plans be prioritized to adequately prepare for unexpected events in the future.

BASIC ESTATE PLAN

Elder law firms frequently draft basic estate planning documents, including power of attorney, living will, and last will and testament. Contrary to popular belief, these documents are very affordable and necessary for people of all ages, and they can be quickly prepared in one short visit. A power of attorney is a document that designates a family member or friend to deal with medical

decisions and financial matters when one is unable to do so for themselves. A living will is a document that designates a family member or friend to act as a health care surrogate to ensure one’s wishes will be fulfilled regarding life-prolonging treatment when one is unable to do so for themselves. A last will and testament is a document that, upon death, designates beneficiaries and names a personal representative to wrap up one’s financial matters.

MEDICAID PLAN

Elder law firms specialize in providing the best plan to preserve assets when one needs long-term care at home or skilled care at a nursing home. Nursing home residents who are privately paying should contact an attorney to set up a Medicaid plan to become eligible for Medicaid before they are required to spend down all of their money or sell property. While it is never too late to start planning, most people wish they would

have called sooner after realizing the amount of money that could have been preserved with earlier planning. Elder law firms will also help veterans with special government assistance that is available for paying at home caregivers, which can even be the veteran’s own family members. Throughout the COVID-19 crisis, we only had elusive answers to when we would be released to normal. Would it be two weeks, a month, three months, fall 2021, 2022? I hope that the unexpected has given you a solid answer, rather than an elusive one, as to when you will take the time to plan your estate. Don’t wait; simply do it today, and schedule a free consultation with an elder law attorney. Mr. Sunset, a graduate of Emory University School of Law, is an Associate Attorney at Western Kentucky Elder Law, PLC. He formerly served on the Board of Trustees for the University of Louisville.

Building Your Retirement Foundation Jerry Goetz CFP®, CFS®, CRPC® www.retirementandfinancial.com View our website! Retirement & Financial Strategies 3402 Frederica St. Owensboro, KY 42301 270-215-2600 Jerry Goetz is a registered representative with and securities offered through LPL Financial, member FINRA/SIPC. Investment advice offered through Private Advisor Group, a registered investment advisor. Private Advisor Group and Retirement & Financial Strategies are separate entities from LPL Financial.

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Friday, May 8, 2020 Messenger-Inquirer

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The Federal SECURE Act Knowing the good news and the bad news BY JESSE T. MOUNTJOY, ESQ.

SULLIVAN MOUNTJOY, PSC

ffective this year, Congress has passed and the President has signed into law what is called the “SECURE Act,” which is an acronym for the Setting Every Community Up for Retirement Enhancement Act. Among other things, the SECURE Act made major required minimum distribution (RMD) rule changes to retirement accounts. Since the RMD rule changes have the biggest impact on the near term, the following is a short review of what is changing and what each of you needs to do now in order to be prepared.

SOME GOOD NEWS

The good news for savers is the removal of the age 70½ IRA contribution restriction. Under previous law, those working past 70½ could not distribute to a traditional IRA. Starting in 2020, the SECURE Act will remove that restriction. This means that those working past 70½ can contribute to an IRA, either deductible or non-deductible, depending upon other factors around IRA contributions like income, filing status, earned compensation and active status in a qualified plan. As such, someone after age 70½ could now contribute up to $7,000 as a deductible contribution to an IRA, and so could a spouse, totaling $14,000 as a couple, per year if they met certain requirements.

BUT SOME BAD NEWS

The bad news for inheritors is the removal of inherited “stretch” provisions. As part of the new

through” trust, there could be a big issue with your plan now that What do you do now that the RMD rules have changed? the SECURE Act has passed. In Review your IRA or plan beneficiary designations. Because the SECURE the past, IRA owners considered Act changes the outcome for many inherited retirement accounts to naming a non-spouse beneficiary be distributed in a shorter time period, now is the time to review your to their IRA. However, the beneficiary designation. income taxes such a non-spouse beneficiary would have to pay rules, some taxpayers are about retirement accounts was age 70½. was an issue. To avoid the large to take a hit. The single biggest If you had not reached age 70½ by income tax burden, RMDs were tax revenue generator in the the end of 2019, your new required paid to a “conduit trust” that would pass the RMDs to such SECURE Act comes from the beginning date for RMDs will be beneficiary. The use of a conduit removal of the so-called “stretch” age 72; however, if you reached trust preserved the balance of IRS provisions. In the past, a age 70½ by the end of 2019, your non-spouse beneficiary of an IRA required beginning date is set and the IRA by protecting it from (or a defined contribution plan, like the SECURE Act does not change beneficiaries who might spend a 401(k) plan) could stretch out the requirements for you to begin all of the inheritance. Under the Secure Act, however, the IRA RMDs from the plan over their own taking out RMDs at age 70½. assets in a conduit trust will have life expectancy. However, starting to be distributed within the new Jan. 1,2020, if an owner of an IRA WHAT TO DO 10-year period. (or 401(k)) plan passes away and What do you do now that the The bottom line here: Consider leaves the account to a beneficiary RMD rules have changed? Review switching your conduit trust to a other than his or her spouse, that your IRA or plan beneficiary more flexible and discretionary beneficiary will only have 10 years designations. Because the after the year of death SECURE Act changes accumulation trust, whic,h like a conduit trust, is a “see through” to distribute the entire Take the time and the outcome for (and, thus, tax-favored) trust, but retirement account many inherited make sure that all one when structured correctly is unless the beneficiary retirement accounts your beneficiary more likely to “stretch” or extend is a qualified eligible to be distributed payments beyond the new 10-year beneficiary as defined designations are in a shorter time in order and still period. in the SECURE Act. period, now is the “match up” with [Those exempted time to review CONCLUSION your intended goals. your beneficiary from the 10-year Because so many of these stretch provisions designation. changes are complex and involve include surviving spouses, Beneficiary designations on IRAs long-term financial and tax planning minor children up to the age of and 401(k)s determine to whom strategies, it is most important to majority (age 18 in Kentucky) and such accounts will pass once you individuals within 10 years of age of (the owner) die. Take the time and consider how the SECURE Act the deceased.] make sure that all your beneficiary will impact your overall financial, retirement and estate plans. Get designations are in order and still with a qualified tax, trust and BUT MORE GOOD NEWS “match up” with your intended financial professional about what There is good news for retirees. goals. is best for your situation. Finally, The new required beginning date If you are using a trust as a and most important, during this for RMDs is at age 72. In the beneficiary of an IRA in order to COVID-19 epidemic, stay safe, past, the mandatory beginning achieve creditor protection and healthy and secure so you can be date for most retired individuals take advantage of the stretch around to worry about your RMDs! to begin taking RMDs from their provisions through a “pass

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ESTATE PLANNING

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Elder law attorneys

Choosing the right one for your family’s asset protection BY MEGHAN P. JOHNSON

ELDER LAW ATTORNEY ELDER ADVANTAGE, LLC

n choosing the correct elder law attorney for your family’s asset protection and Medicaid planning needs, it is imperative to research all options available. Not all attorneys provide the same level of service and commitment. It is important that you find an experienced law firm where your family will be treated with compassion and understanding. If you are seeking advice for Medicaid planning in a nursing home situation, you and your family are likely experiencing one of the most difficult times regarding your aging loved one. To say that handling your loved one’s assets (and health care decisions) in the face of this need for long-term care is “difficult” is a tremendous understatement. The daughters, sons, wives, husbands, grandchildren and in-laws that have undertaken this task can affirm that this is one of the most difficult and emotionally exhausting journeys that a person is likely to encounter in life. You need an elder law attorney

If you want an elder law attorney that is going to do more What should you look for in an elder law attorney? than just “earn a fee,” do a little research. Remember, you need • compassion • knowledgable in estate documents, someone who will take this task • a desire to help asset preservation and Medicaid seriously and who seeks to not • commitment to the time needed to applications and planning only do a job, but to change lives. meet your family’s needs techniques A key part of this process is also knowing that your law firm will work together with the most who understands this and is and navigating the Medicaid committed to bringing your family application, so that you can focus experienced and professional firms to aid your family, like Elder not only the most up-to-date on spending quality time with Advantage, LLC. Proper estate knowledge of the law, but your loved one. and Medicaid planning can make hands-on assistance and support Also, in selecting your law the difference, at times, between during this period. firm, not only do you seek a family losing everything With all the compassion and caregivers and understanding, but (including their minds) or saving If you want an elder law everything. When choosing an stand-in financial you also have the attorney that is going to elder law attorney, make sure quarterbacks, most up-to-date do more than just “earn a to ask friends, family, other you need an estate and fee,” do a little research. attorney who Medicaid planning professionals and other attorneys Remember, you need from who you can expect the best understands how techniques. You someone who will take level of knowledge, service and time consuming should select an this task seriously and this project attorney that does commitment. who seeks to not only do her homework and of navigating a job, but to change lives. is committed to Meghan P. Johnson is an Elder Law long-term care Attorney in Owensboro, Kentucky, with assistance can staying on top of be, and who really wants to her continuing education because over 10 years of legal experience. She is an active member of the Kentucky Bar help your family, not just profit Medicaid laws are in a constant Association, National Academy of Elder from your suffering. Your law state of change, and staying on Law Attorneys, Estate Planning Council firm should ease your burden top of these changes and how it of Owensboro and various other local of worrying about estate relates to you and your family and charitable organizations. documents, preservation of assets must be a top priority.

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Friday, May 8, 2020 Messenger-Inquirer

How will I pay for long term care?

ESTATE PLANNING

Do I qualify for Medicaid?

What will During an already Do I have to happen to my difficult time, it is easy drop my health retirement? How do I protect to get lost when insurance to get my property? confronted with long Medicaid? term care. What choices Am I getting to make? What to do? If I have assets all the VA Who can help? At Elder will I have to benefits I deserve? Advantage, we believe privately wise choices are why you pay for care? accumulated your assets. Working with the RIGHT Who can help me? professionals will ensure that you keep Who can help me? them. When you have questions, we have answers. Elder Advantage, LLC & Meghan P. Johnson Law, PLLC the wise choice in asset protection.

270-684-6757 | 866-896-3466 | info@elderadvantage.org elderadvantage.org | 1500 Frederica Street, Owenboro, KY 42301 270-240-2085 | P.O. Box 698 Owenboro, KY 42302 Office of Meghan P. Johnson, Attorney at Law

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Messenger-Inquirer Friday, May 8, 2020

Don’t let fears drive your investment choices

BY EDWARD JONES

irst, the coronavirus rocked the financial markets. Then, oil prices dropped more than 20 percent after a breakdown in OPEC production discussions. Not surprisingly, the markets took another nosedive. Yet, despite these events, this recent market volatility may well be attributed more to fear than the forces that usually drive the markets. Ultimately, in the investment arena, as in all walks of life, facts matter. And right now, if you look beyond the headlines, the facts that matter to investors may be far less gloomy than you might have imagined. So, here are some things to keep in mind over the next several weeks: • This isn’t 2008. If you were an investor in 2008, you well remember the market crash that resulted from the bursting of the housing bubble, which had severe ripple effects

throughout the economy. The situation is different now. While it’s quite likely that the U.S. economy will take a hit in the short term, the overall economic fundamentals were strong before the coronavirus came along and may indeed prove resilient enough to withstand the recent shocks. Specifically, the labor market conditions were the best in decades, housing activity was improving and interest rates remained low. And even the recent events may have a bright side: The drop in oil prices will likely reduce prices at the gas pumps, leading to more money in the pockets of consumers, which, in turn, can boost spending, a key driver of our economy. And the large decline in interest rates will make home purchases and mortgage refinancing even more attractive — again, positive moves for the economy. • We’ve been here before. From the time the markets bottomed out

in early 2009 until just a few weeks ago, stock prices climbed about 300 percent. Yet, during that time, we also saw three separate market drops of more than 15 percent, similar to what we’re seeing now. These market corrections always feel unsettling, but it’s important to recognize that they are actually a normal part of the long-term investing process. So, given these factors, how should you respond to the current situation? Instead of simply selling your stocks in an attempt to cut your losses, review your portfolio to see if it is properly balanced between stocks, bonds and other investments in a way that reflects your goals, time horizon and risk tolerance. Those investors with properly balanced portfolios are not seeing the same level of decline as those whose holdings are almost entirely in stocks. And while diversification can’t guarantee profits or protect against all losses, it can help

reduce the impact of volatility. Here’s another suggestion: Look for good buying opportunities, because they are certainly out there. A well-managed company with a solid business plan that produces quality products and services is going to be that same company after the coronavirus and oil price panics subside — and right now, that company’s stock shares may literally be “on sale.” While it’s not easy for you to look at your investment statements today, remember that you’re investing for goals that may be decades away. By keeping your eyes on this distant horizon, so to speak, you’ll be less likely to overreact to the news of the day — and more likely to follow a long-term strategy that can work for you. This article was written by Edward Jones for use by your local Edward Jones Financial Advisor. Edward Jones. Member SIPC.

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Planned giving: Leaving a lasting impact BY M. BLAKE HARRISON

DIRECTOR OF DEVELOPMENT AND DONOR RELATIONS, KENTUCKY WESLEYAN COLLEGE

ould you like to reduce stress and financial burden on your heirs at the time of your passing? Are there charities dear to you that you hope continue to thrive after you are unable to support them? If so, remembering to include philanthropy in your estate plan is a must. Making a planned gift is a wonderful way to show your support and appreciation for Kentucky Wesleyan College and its mission while accommodating your own personal, financial, estate-planning and philanthropic goals. With smart planning, you

may actually increase the size of Make no mistake — you do not your estate and/or reduce the have to be a millionaire or have tax burden on your heirs. Just as a lot of liquid assets to make that important, you will impact when you no know that you have Private support is longer need your made a meaningful ever-critical to small, resources. contribution to the In late 2018, the private, faith-based future of Kentucky colleges like Kentucky College received Wesleyan College. two estate gifts Wesleyan. ... We The College has simply rely on tuition within five days — been richly blessed one for $2,000, and revenue, endowment one for $158,000. over the years by performance and planned gifts from Both gifts were generous investors. donations. And the significant to endowment is directly the donors who These gifts have impacted by private transformed provided them, and and expanded both were much contributions. the Wesleyan appreciated and experience for our students, needed by Wesleyan! including scholarship support Private support is ever-critical and growth of our endowment. to small, private, faith-based

colleges like Kentucky Wesleyan. We do not receive funding from the Commonwealth like public institutions. We simply rely on tuition revenue, endowment performance and donations. And the endowment is directly impacted by private contributions. Nearly half of the College’s entire budget this year went back to students by way of scholarships. We could not do that without the support and generosity of alumni and friends now and with planned gifts. We encourage you to talk with your loved ones and financial advisors as you consider how you might leave a lasting impact on the nonprofits near to your heart.

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Friday, May 8, 2020 Messenger-Inquirer

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The best asset is peace of mind BY JENNIFER RONE

SENIOR TRUST OFFICER INDEPENDENCE BANK

lanning for the future can be a trying time. Add challenging family circumstances or a child with special needs, unique assets or complicated business arrangements, and you may be tempted to avoid it altogether. Estate planning is easier digested when broken down into steps — steps you can take now to secure your plan to care for your loved ones after you’re gone.

STEP 1: MAKE A LIST OF ALL OF YOUR ASSETS

Assets are anything that has monetary value, which typically falls into two categories: cash and cash equivalents, such as stocks, bonds or mutual funds and property. Your estate encompasses everything that you own, whether you are 100 percent vested or a part owner. Create a preliminary catalog of your assets, including any retirement,

pensions, insurance or other contractual assets you have, so you can begin thinking about who you want to receive that asset after your passing. In doing so, consider whether the beneficiary is capable of managing it or will need assistance in handling the asset. If you own a farm or other type of business, consider how you would like for your life’s work to create a legacy for your family. It can also be beneficial to determine the value of your various assets, particularly if they are hard to value. Gather any supporting documents that concern these assets to share with a trust professional.

STEP 2: ENLIST THE HELP OF A TEAM OF TRUST PROFESSIONALS

No matter your list of assets, enlisting the help of trust professionals can help ease the burden of ensuring your wishes are carried out regarding your estate. A confidential, free consultation can often shed light on things you have not

considered. Your estate encompasses everything that you own — your car, home, real estate, life insurance and personal possessions, but also a family business, land, timber and natural resource interests. With those assets come valuations, tax decisions, leasing contracts, collection of income and many other responsibilities that a trust team can help you sort through. It is also important to consider the experience and expertise of a trust team. Look for an entity comprised of a diverse group of professionals, such as certified financial planners, tax professionals and lawyers, who can provide a full gamut of services that are necessary to handle the most unique assets and the most complex personal circumstances. Integrity is also important because your trust professionals are often also acting as agents to assist your family members in management of your assets.

STEP 3: CREATE A PLAN

Once you have identified your assets,

meet with an attorney to establish a will or living trust. These testamentary documents provide instructions on how your assets should be handled after your death and help ensure that your assets do not pass by default in a way you may not intend. Review your life insurance, IRAs, retirement accounts or any other payable-on-death asset to make sure your beneficiary designations fit with your overall estate plan. Don’t let your unique assets and family circumstances paralyze you in planning for the future. By identifying your goals and determining a clear path to reaching them, you can take the daunting task of estate planning and make it achievable. At Independence Bank, our team believes in doing what is right and fair for our clients and will make your goals our priority while maintaining the level of professionalism and confidentiality that you desire in a financial partner. Estate planning ensures your legacy is carried out exactly to your wishes. After all, peace of mind is the best asset to have.

16 ESTATE PLANNING

Messenger-Inquirer Friday, May 8, 2020

Planning Ahead Helps Everyone. Advance planning allows you to make knowledgeable, money-saving decisions while easing the burden your family faces. Call us to learn how.

John Hill Billy Boyle, III man Ken Hoﬀ Hoﬀman Partner, Funeral Director President Funeral Director, Billy Boyle, III John Hill Pre-need Counselor & Embalmer President

3009 Frederica Street • Owensboro (270) 683-5377

Vice President

10153 Kentucky 54 • Whitesville (270) 233-4437

davisfuneralhome.com • cecilfuneralhome.com