Tuesday, October 26, 2010

iPug™ Trusts: The Revolution in Estate Planning

You Can Do More Than Think Outside The Box, You Can Re-Invent It

Through out last year and still, Americans have been riding an economic rollercoaster. Many are beset by fear and even more have lost all confidence in the economy. The burning question on their minds is: what will the future bring? Some say that it is anyone’s guess. But, what if it could be more than a guess? What if you had a way to replace uncertainty with certainty? What if you had a means to offer unique solutions that could benefit every client, regardless of their wealth or status, to create a win-win scenario for you and for them? What if you had a brand new weapon in your estate planning arsenal that would not only allow you to shore up the foundation of your practice, but actually help to improve your bottom line, and propel your business to new, untold heights?

According to national expert and legal education instructor David J. Zumpano, CPA, ESQ., The President and Founder of MPS LLC, there is certainty in our uncertain times. As president and founder of MPS, LLC, a national organization that specializes in educating and training lawyers and financial advisors in cutting-edge practice strategies, Zumpano brings hope and solid, proven results in estate planning. The groundbreaking tool that will rocket estate planning to the next level is the iPug™ Trusts. “The strategy of iPug™ planning is a whole new approach to estate planning,” Zumpano states.

So, just what is an iPug™ Trust? The iPug™ Trust is a Self-Settled Asset Protection Trust for the everyday folk and Medicaid compliance that works in all states. It protects client assets from creditors, predators and nursing homes, while permitting the grantor to be trustee and have customized access. The iPug™ Trust was created by utilizing universal, fundamental trust and common law principles dating back to the statute of uses and are not reliant or dependent upon state or federal specific asset protection laws. “In essence, the iPug™ Trust is an Irrevocable Grantor Trust for income and estate tax purposes. It not only provides advantageous tax benefits, including a full step-up in basis, but it also provides asset protection, while retaining Grantor control,” explains Zumpano. “With the increase in the estate tax exemption to $3.5 million, iPug™ Planning will be applicable to 99.5% of Americans.”

What makes iPug™ planning unique? These trusts are easily understood. Whether your clients are everyday people, savvy business owners or busy professionals, they all are looking for iPug™ Trusts to protect their personal planning goals and objectives. “Business owners and professionals who want to protect their assets without giving up control or use of those assets are primary prospects, but iPug™ planning is also exceptionally useful for individuals who want to protect their personal assets, now and from lawsuits, predators and nursing homes,” Zumpano comments. “The key element clients appreciate about iPug™ planning is that they remain in control. They can have full access to income and indirect access to principal depending on individual goals and objectives. Since everything is reported on a 1040, the flexibility of these trusts ensures no separate income or gift tax returns are required.”

The iPug™ Trust is immune to market conditions. “In times of fear and anxiety, such as we have and still currently experiencing, many peoples’ level of fear of losing what they have is heightened and they are more likely to engage in this form of asset protection planning because it enables them to remain in control and have customized access,” elaborates Zumpano. “A decrease in the value of their portfolios actually has a positive result when planning for Medicaid eligibility, because it enables it to be accomplished in less time and creates a ‘Medicaid freeze,’ ensuring no additional penalties will be incurred when the full value of their stocks return.” Zumpano also points out that people need nursing homes regardless of market conditions. “This creates an immediate need that far outweighs those of a wavering stock market,” he says. “Clients see iPug™ planning as a solution in these uncertain times, rather than a condition of these uncertain times.”

How does iPug™ planning offer security for future generations? In addition to asset protection during a client’s lifetime, iPug™ planning allows clients to pass assets on to their children in a manner that protects their children from lawsuits, divorce and nursing home expenses. “And, if necessary,” Zumpano adds, “their children’s indiscretions. The iPug™ Trust also allows clients to preserve their personal values by creating family standards that have a direct bearing on access to assets bequeathed to their heirs.”

How can you incorporate iPug™ planning into your practice? MPS can teach you the legal technical, counselling, design, drafting and tax issues associated with iPug™ planning, and with the trademarked tools MPS has created, you can rest assured that you dot every “i” and cross every “t” in following the law. MPS has also created an education-based enrollment system that allows you to market iPug™ planning to individuals, business owners and professionals easily, quickly allowing you to show the value of this type of planning. “These systems enable prospective clients to choose a plan not based on its cost, but rather based on clear value distinctions they identify in the education process,” Zumpano explains. “MPS also provides a systematized process for attorneys to implement into his or her practice, which includes educational workshops for clients and referral sources, client-friendly tools that help support clients in their decisions, and attorney-friendly tools to ensure effectiveness, efficiency and compliance with laws. Lastly, MPS provides an implementation guide for the attorney or financial advisor and their support staff to help implement this new trust genre into their practice. We have a very active national membership based organization of graduates that support one another as the systems are implemented, in over 46 states.”

How will the iPug™ planning take your practice to the next level? The MPS three-day Profit Practice Program™ enables attorneys to serve an expanded market and provide favorable solutions to clients’ everyday stresses. “The benefits for you will not only be a greater knowledge of the law,” says Zumpano, “but the ability to provide increased desirable options to your clients by counselling them in this NEW opportunity area of planning. By implementing iPug™ planning, you will increase your revenue and propel your practice to new levels, even in these turbulent times.”


If you’d like more about this topic or schedule an interview with David J. Zumpano, CPA/Esq., please email Molly Hall mhall@mpssuccess.com .

Tuesday, October 19, 2010

HOW OFTEN DO I NEED TO UPDATE MY WILL?

Many people ask how often they should update their estate plan. Washington State University did a study in 1999 that revealed the average time between updates to a Will is 19.7 years. This makes sense considering most people do a Will when their first child is born and then review it some 20 years later when little Johnny is off to college and they have an option for early retirement. But is this sufficient? Well usually not. In the timeframe of those 20 years, the laws are constantly changing.

In addition, families change, finances change, and even your health changes. Each of these changes impacts your estate plan. In many cases, we review Wills involving bequests to individuals that are no longer alive, or do not provide for children born subsequent to the execution of the Will. IAlso, most individuals lack critical estate planning documents such as a Healthcare Proxy, Living Will, and Power of Attorney. In some instances, even a Living Trust might be advantageous to meet and accomplish individual goals.

Other issues that change that may require you to update your plan are the laws. In fact, the estate tax law has changed six times in the last ten years. These changes could adversely impact your family if you do not monitor them to ensure your plan avoids any adverse consequences from the change. In addition, changes to your family including the birth, death, marriage, or divorce of anyone in your plan, could also impact its effectiveness.

Your health plays a key role and we often find, after a family crisis, perspectives change considerably, which may create a need to update your plan. Most importantly, you do not want to wait for a crisis to update your plan. In most crisis situations, such as being diagnosed with a terminal condition or other serious health matters, individuals are not thinking of their estate plan, but rather are thinking of getting better. It is critical to revisit your estate plan before a crisis to ensure you have the proper legal protections in place to handle your affairs if you are unable.

A proper estate plan will ensure what you have gets to whom you want, when you want, the way you want. How often should you update your Will? You should at least review it annually and then decide whether you need to seek professional help to get it updated.

AVOIDING THE NURSING HOME

A common concern is how to avoid a nursing home. Some people profess, "I will never go to a nursing home." In my last visit to a nursing home, it was full and no one I met was there voluntarily. That being said, avoiding the nursing home can become achievable with proper planning. There are three key factors in protecting against the requirement of having to go to a nursing home: (1) You must legally authorize the people you trust to make decisions for you should the need for long-term care arise, (2) You must document your wishes, and (3) You must provide a way to pay for your care at home should the need arise.


Most people believe being married for many years entitles them to make decisions for their spouse, if a health care crisis occurs. That is not always true. If you are single or widowed, it is even more problematic. The more important question is: What decision would you make if something happened to your spouse or loved one? Many think they know what they would do, but in my experience, when put in that position, most are unaware of the severe emotional stress and fears that impact them upon the long-term disability of a loved one.


The key to maximize your options to stay home and avoid nursing homes is to ensure you have properly authorized your loved one to act for you and to ensure you have documented your wishes. This is achieved by a properly executed Health Care Proxy, Living Will and Personal Care Plan. While these documents are readily available at hospitals, senior centers and other public places, you should be warned that not all are the same. Not all versions have the necessary legal language to provide you the maximum protection and control. Getting these documents from such places is like getting your legal documents at a dentist’s office. You should consult a qualified Elder Law or Estate Planning attorney to ensure you have the proper documents to accomplish your objectives.


Once your legal protections are put in place, providing for payment of care needs is critical. The most common ways to pay for care at home include Medicaid benefits, Veterans' benefits and Long-Term Care Insurance. Under the current Medicaid and Veteran’s Administration Rules, most individuals can qualify for benefits within 30 days, if properly advised. Medicaid is a government form of health insurance for the poor, and individuals can qualify for care in the home for as many hours a day determined necessary for their safety.
There is also a little-known benefit for any veteran, or surviving spouse of a veteran, called the Veterans Aid and Attendance Benefit To qualify, the veteran must have served at least 90 days of active duty, of which one of the 90 days would have been served during wartime. This includes World War II, Korea, Vietnam, and even the Gulf War. The veteran need not have been in combat or even traveled to foreign soil, but merely been enlisted during the dates the war was declared. If eligible, a veteran and spouse may be entitled to up to $1,950.00 per month to pay toward any medical expenses, including Medicare premiums, prescriptions and paid care, to name a few. The VA benefit is paid directly to the veteran, or the veteran’s surviving spouse, from the Veterans Administration. A surviving spouse is entitled up to $1,056.00 a month.


Finally, a long term care insurance policy can also enable you to stay at home. While considered expensive by some, the annual premium for a long-term care policy for a couple is often less than one month's nursing home care for one of them. More importantly, a properly purchased long term care policy can provide a home care benefit to pay for healthcare benefits received in the home, and help to avoid the need to go to a nursing home.


Obviously, no one chooses to go to a nursing home. The determination of whether you or a loved one has to go into a nursing home is not dependent upon your wishes, but rather, dependent upon your planning. Make sure your planning is complete, so you maximize your options.

Wednesday, October 13, 2010

LOSING CONTROL IS YOUR GREATEST THREAT

Many people wonder what Estate Planning is and why you need to do it. Simply stated, Estate Planning ensures you maintain control of your property as long as you are able and when you are no longer able, those you trust are able to act on your behalf with full instructions by you.

There are two forms of losing control. First is the loss of control of your financial assets. If you become incapacitated, your assets may be inaccessible by your loved ones unless other legal measures had been taken to authorize someone to act. Bank accounts, stocks, bonds, IRAs, and the like are not automatically accessible by your loved ones. Not even your spouse! To ensure control is maintained, the most common Estate Planning tool is a Power of Attorney. A Power of Attorney grants authority to someone else to act on your behalf. What most people do not appreciate is a Power of Attorney is valid when signed. Therefore, once signed, the person you appoint can access your accounts, or dispose of your assets, with or without your consent. You can execute a statutory Power of Attorney or create a personalized one.

Most all lawyers use the state statutory form which was created by the state and grants general powers the state deems necessary to act for someone who cannot act for themselves. The challenge is whether the statutory form is sufficient. For example, the statutory form does not grant permission to access safe deposit boxes, change beneficiaries on jointly owned accounts, nor even to create trusts. These powers, and others not authorized, can be absolutely essential if asset protection or Medicaid eligibility is desired, if you become incapacitated.

To ensure your agent (appointee) has all the powers required to address your concerns, you should discuss your goals with a qualified estate planning attorney to create personalized Power of Attorney which can grant all authority and also provide the guidelines on when and how to use it. Some individuals also consider execution of a “Springing Power of Attorney”. A Springing Power of Attorney is signed now, but becomes valid upon the “happening of an event”. The challenge is proving the “event” has occurred to the satisfaction of financial institutions or others that are asked to honor it. They need to be sure the conditions have been met or they can be personally liable.

Another serious form of loss of control is with your medical decisions. Should you become incapacitated and decisions have to be made on your health, no one will be able to make decisions for you without proper legal documents. As a result, those decisions could be left to the medical professionals or courts. Do you remember the Terri Schiavo case? That is a perfect example of failure to have proper healthcare directives in place.
Health Care directives consist of a Health Care Proxy and/or a Living Will. A Health Care Proxy is a document in which you grant legal authority to someone to make your health care decisions for you if you are unable. The short fall of most Heath Care Proxies is they grant the individual you appoint the authority to make decisions on your behalf, but rarely provide any guidelines for them to follow. This can be lifelong wonder to the person you appoint whether they feel they made the “right” decision that resulted in you passing.

A Living Will, conversely, can provide written instructions for your health care agent to follow. Most standard Living Wills, however, only deal with life and death issues and fail to address care issues when death is not imminent. Ensure you get the proper guidance on creating your health care directives since it is likely to determine if you will live or die in an unanticipated situation.

Maintaining control at all times is a critical element of a proper estate plan. Ensuring you have proper Power of Attorney and Healthcare Directive is absolutely essential to maintaining control with the people you choose (and not the State, or the Courts) should something happen to you. contact www.mpssuccess.com to learn how to make certain your clients maintain control at all times.

Friday, October 8, 2010

IS THERE AN ESTATE TAX IN 2010?

In 2001, President Bush signed major tax legislation which the full impact was not felt until January 1, 2010. Under the 2001 Act, the estate tax exemption, the amount of assets someone can die with without having to pay estate tax, was gradually raised from $675,000 to $3.5 million. The 2001 legislation further provided the estate tax was eliminated January 1, 2010, but reverted back to the 2001 rules on January 1, 2011. Lots of dates and confusion; what does this all mean? Well, Congress since 2001 had assured us the law would never revert back in 2011 as originally anticipated. In addition, they also assured us we would never have estate tax eliminated in 2010. What has occurred? The January 1, 2010 estate tax, as we know, it is no longer in effect. Instead, what has occurred is, a modified adjusted basis for assets of decedents dying in 2010. What does this all means? If your clients had a stock they paid $10,000.00 for that is worth $100,000.00 upon death, there would be $90,000.00 of unrealized gain. Under the 2010 tax law, each person dying would have $1.3 million in unrealized gain to add to their assets they distribute to their beneficiaries. If that doesn’t make sense to your clients, anything more said will just confuse them more.

So what can you do? Let me explain. This Congress has stated it does not like this law because they are afraid the rich will die and not pay taxes. Congress has said many times it is going to eliminate the 2010 law retroactively to January 1, 2010. Will they? I don't know. They've been saying that for seven years; it still has not happened. But more importantly, if they do, what will happen in 2011? Will the law revert back to the levels they were in 2001 ($1 million), 2009 ($3.5 million), or will it be a whole new law in place? We don’t know. This is the importance of ensuring your current estate plan addresses the tax law as we know it.

A properly drawn estate plan will provide language in any scenario. Do your clients plans? You must properly and simply inform your clients on estate taxes as they are most likely paying more taxes than need be. Join us Monday October 18th at 4PM EST for an Exclusive Webinar to “Learn How the Upcoming Estate Tax Changes Effect your Practice”, Space is limited. Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/948292049

Wednesday, October 6, 2010

VA BENEFITS TO THE RESCUE

Shirley was recently admitted to an assisted living facility and her daughter Beth was concerned because Shirley’s income was insufficient to pay the monthly costs. She knew, it would only be a matter of time before mom depleted all of her assets. Beth was not worried about inheriting the assets, she was more concerned with ensuring mom remained independent and maximized the options she had for her care. Shirley and Beth visited a local MPS attorney to help them.

Shirley was not independently wealthy. She had about $150,000.00 in brokerage and savings her husband left her. It represented their lifetime of savings and she was dependent upon the income for her needs. However, with her recent admission to the assisted living facility, her monthly income was short by $1,100.00. At the initial meeting, the MPS attorney did a thorough analysis of Shirley’s financial condition and her personal family goals. He discovered Shirley’s husband was a Veteran of World War II and served two years. As such, it became evident Shirley could become entitled to a Veterans’ Aid and Attendance Benefit to help her pay for her assisted living care.

While not eligible immediately, the attorney was able to provide an estate planning option to have Shirley create a trust to put a bulk of her assets in so it could be protected for the family to use for her. At the same time, by doing so, she would become eligible for a Veterans’ Aid and Attendance Benefit which is available to Veterans of World War II, Korea, Vietnam, and the Gulf War. This benefit is also available to the surviving spouses. As a surviving spouse of a World War II Vet, Shirley was able to become eligible to receive $1,056.00 a month. She was thrilled. She was able to protect her family, protect her lifetime of assets, and be able to afford her care. She was also thrilled to learn this benefit would pay for care in her home, should she decide to go back home. Beth was relieved.

Contact MPS to find out how you can protect your clients so they can walk out of your office feeling just like Beth did.