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Scam Prevention and Avoidance

2/11/2026

 

Scam Awareness and Prevention Tips for New Hampshire Families

​This installment is about scams - not scabs, scars or Spam - and so I appreciate your opening this message and taking the risky chance that it's not just another of those we all receive that warrants immediate use of the DELETE key.  Unfortunately, scams have become as ubiquitous in our lives as the cell phones and computers they often arrive on - and that's because our communication and financial transactions have largely moved online.  Plus, with the assistance of AI, scammers now have almost infinite numbers of ways to convince us to accept their tricks as legitimate offers, deals and requests.  So, while your fraud antennae may already be pretty sophisticated, here are some hints that may also minimize the sad stories we hear too often from those who've already been taken in.

One of the most effective ways to avoid disaster is to understand that scammers succeed by creating urgency and fear.  Thus, our bank account has been compromised; a valuable prize we've won just requires us to authorize the shipping charge on our credit card; legal action will taken if we don't immediately authorize a payment we didn't even know we had; or the old favorite: a family member needs money wired from our account for some critical purpose.  This urgency, if it seems even remotely plausible, is designed to make us stop thinking clearly and to act before we can protect ourselves.  The best rule of thumb for this one is just to slow down.  First of all, we need to remember that legitimate organizations rarely demand instant action or threaten severe consequences without providing the notices they actually use.  In fact, the IRS, credit card companies, and collection agencies never use simple phone calls to pursue their claims.  They want a record of the contacts and requests/demands they've made, so they send written notices.  That means the best way to respond to such calls is to say we'll need to discuss their business with our lawyer or financial advisor or consult our own records - and we'll need a hard copy of the relevant documents to do so.  Legitimate claimants won't have any problem with that response, but scammers will do nearly anything to force a payment out of us before they'll let us off the phone.  That's the critical litmus test for phone call scams and it warrants an immediate hang-up.  It's also the best strategy for any charitable organization or supposed alma mater who may be calling during a "today-only" fund drive - that urgency is the dead giveaway and they'll appreciate our contribution next week as much as right this moment. 

But what about those drastic emergency calls from a child or grandchild who needs bail money or funds for a plane ticket home, just to name a couple of the heart-string pullers?  We shouldn't even assume we can verify the caller by the sound of the voice at the other end.  Again, AI has developed ways to make those calls sound just like our real family members, despite our disbelief that that's really possible.  One safeguard our family uses is to have a special password we've all agreed to require before we proceed further.  If our troubled family member doesn't know the word or doesn't even know we have one - or maybe doesn't know a nickname they call us - then we're talking to someone else's family member and they should make another call.  Goodbye and good luck!

Of course, we should never give out personal information over the phone or by e-mail, even if it's needed right away to verify or correct our records.  The best way to flush out the crooks here is to say we don't have that information handy and we'll call back the organization at its legitimate number as soon as we can locate what they're looking for.  And, too, if we receive what looks like an official letter or form that asks us to update key information, or to call a certain number to do so, or to mail the form in a stamped envelope conveniently provided, it may be tempting, but we shouldn't ever do it.  Instead, we should contact the organization ourselves - at a customer service number on a recent statement we know is legitimate or by checking the organization's actual website. 

Sometimes, we've actually shot ourselves in the foot just by opening an e-mail from a source we don't recognize.  Even doing that can also provide information that can be used against us.  It's not a coincidence that spam and scam sound so much alike.

Finally, we should keep our usernames and passwords in good shape, by using ones that aren't easily guessed or aren't used for every single account or site we have or use - and then by changing them periodically.  So-called password lock boxes and security services that shield individual passwords from hacking are also worth investigating, particularly if we do a lot of online buying or surfing among random or unfamiliar sites.  But check to make sure those are legitimate, too.

And, of course, if we decide or discover that we've already been scammed, then speed in contacting our bank or credit card company is the key to cancelling or reversing the charge or having it taken off our account.  We should also consider reporting it to the NH Attorney General's Consumer Protection Division at 603-271-3658, as that may not only help us but alert the office to a new and virulent new scam tactic.  

The way I look at all this is that sophisticated scamming is going to keep trying to stay ahead of our attempts to thwart it - there are people sitting around thinking them up and plotting how to prey on us at this very moment.  And it's going to remain a more serious threat in ever more unexpected places and disguises if we don't use just as much guile to protect ourselves.  I mean, we're not dealing with door-to-door sellers of vacuum cleaners and encyclopedias anymore.  Those people are now retired and living in Florida on our parents' and grandparents' money.  Let's at least not fund the next generations' nefarious lifestyles.  

Options Worth Considering No Matter What the Season

2/10/2026

 

​Medicaid Planning and Long-Term Care Options for New Hampshire Families

​Greetings again, everyone!  This is my final summer offering, so I'm going to give you some morsels to chew on as you relax in the sun one more time before charging into Fall with your systems revitalized.  I've said some of this before, but we all forestall unpleasant decision-making, so here it comes again.

The cost of care for our loved ones [and ourselves] during our sunset years continues to be a troubling dilemma for many families, and with the upcoming cuts to Medicaid, the difficulty of qualifying and paying for care can only become more challenging.  That's compounded by the fact that while we're generally living longer, we're not necessarily prepared for the additional costs of the care that those additional years may bring with them.   So, here are some ideas worth considering, based at least upon the current landscape of Medicaid eligibility.

Of course, the low hanging fruit about medical care is to keep ourselves in as good shape as we can for as long as we can.  If we don't need professional care until very near our last mortal moments, the costs will be minimized, both financially and in relation to the burdens on our families.  One threshold factor is that once our legs give out and our mobility is significantly reduced, the level and cost of the care we need are exponentially increased.  That was true for my mother, so I know whereof I speak. 

If we're still young enough (under 60 is best, but definitely under 70) and can afford it, long-term care insurance remains a meaningful safety net.  But definitely consider the hybrid plans now available, which often provide for life insurance payouts equal to the premiums we've paid for unused benefits.  This is specialized coverage, though, so make sure you review the options with an agent who knows the entire available marketplace.

If buying more insurance just isn't your thing, however, consider setting up an irrevocable trust (that won't be counted toward Medicaid eligibility) and funding it with an existing life insurance policy that will pay off at your passing and help replace the assets that may have been spent on your care during those final years.  If you don't have (or don't want to pay for) a policy to use for this purpose, you could either fund such a trust with other assets you may not need for support, or you could simply pay into the trust the periodic amounts you might have spent on long-term care premiums, so you'll know those funds will eventually return to the family once you're gone.

But if you do need care, you might also minimize the bite by staying in your home as long as possible (you want that anyhow, right?) and getting just the care you actually need - that is, not paying the significant costs of 24/7 help.  So, maybe just for shopping, laundry, meals, medical appointments, or whatever, but not for all day and night assistance.  

And if you've got a family member who might be able to provide that assistance - say, a grandchild who needs a place to live anyhow - you can enter into written caregiver agreements with them, to provide for their specific services at defined rates of pay (with accurate records kept, of course), so those funds will also stay in the family and won't be considered gifts that would be counted against you if you eventually do need to apply for Medicaid. 

Finally, many people's primary asset is the value of their home and they want to preserve that at all cost.  If you're married and your spouse is healthy enough to stay at home, your spouse can retain it, you can qualify for Medicaid without having to sell the home - and its value won't undermine your eligibility.  Even without a spouse, if you have a child who's been living with you for at least two years and has enabled you to avoid nursing home care for that long, you can transfer the home to the child and that transfer also won't be considered a disqualifying event for Medicaid.  

And if neither of those options will work to protect your home, you can transfer it to your children and enter into an arms-length lease (with market rent payments) to stay there as long as you can or want.  Then, once the "lookback" period for prior transfers passes (currently 5 years), the home's value won't be counted toward Medicaid qualification. 

There are other more complicated options, as well, but my fingers are tired and the dock at Lake Winnipesaukee is looking pretty appealing.  So, let's hope these comments and options are strictly hypothetical and unnecessary; that we can pass them on to others who may not be quite as fortunate; and that we'll all be healthy as horses until the final whinny.  

Charity at Home is Important, too!

12/15/2025

 
​Holiday greetings again, everyone!  Before all your families arrive in a week or so, and your households rival the Griswolds' in "Christmas Vacation" - though, gosh, I hope not! - I want to pass on a few year-end ideas that perhaps you haven't heard before or at least recently.  Of course, if you're already up to speed about these tidbits from years gone by, then that's what the "delete" button is for.  On the other hand, these messages go out to almost 1,000 of you and it's hard to keep track of when each of you came or went from this esteemed group. 

First off, I'm sure you're all aware that we can each give up to $19,000 to each of our family members (or lucky friends) each year, and that a married couple of any gender persuasion can double that amount even if only one of them is actually coming up with the funds to do so - that's up to $38,000 per recipient if my math is still reliable.  This is called the annual gift tax exclusion and it will remain at that level in 2026.

In addition, though, each of us has a lifetime gift and estate tax exemption of $15,000,000 (that's no typo), so a married couple has a total of $30,000,000 to work with for lifetime gifts and/or estate tax values.  If you're worried that this may not be enough to cover your potential tax liability, then congratulations!  For most of us, though, this should allow for as liberal gifting and generosity as we're likely to need.  The way it works is that if our annual exclusion gifts to anyone exceed $19,000 (or $38,000 for marrieds) per recipient, we'll just be using up a portion of our lifetime $15M, and we'll need to file an IRS Form 709 to report those excess gifts.  We don't pay any tax, however; the return is solely to allow the IRS to keep track of how much of our lifetime exemption we've use and how much is left for future gifts or for our estates to claim when that time comes.  

But there are more gifting goodies available, as well.  If we want to pay education (tuition, room & board, travel to and from home and school, etc.) or medical (also dental, optical, therapeutic, etc.) expenses for our favored recipients, we can do so in any amounts without using up any portion of our annual exclusions or lifetime exemptions.  We just need to make sure those payments are made directly to the providers of those services and not to the personal recipients themselves.  No return is even required to report those amounts, though we should certainly keep track of the payments in case we have to prove whether we only paid for legitimate purposes).  Check the IRS website if there's uncertainty about a particular payment (irs.gov).

And finally, if we can't (or aren't inclined to) make a flat-out gift of our funds (because perhaps we'll need them ourselves someday), how about a low-interest loan to a family member, say, for a down payment on a house or to avoid the need for higher-interest education loans that may take years to repay?  After all, the current age for a Gen Zer to be able to buy a house is now about 40 and some people are still paying off student loans they took out 30 years ago.  Just watch Jimmy Stewart's impassioned plea to Old Man Potter in "It's a Wonderful Life" and you'll know what I'm talking about.  Such loans need to be properly documented, of course, but they can be fully or partially forgiven (as gifts in another year) if that becomes an affordable alternative later on.

So, although I often harp on charitable giving this time of year - many of those organizations are like our starving-artist kids after all - charity does begin at home, I've heard.  

That's all for now, I guess, although I'll also reaffirm not to make unwarranted gifts - they're also called scams - to people and organizations you don't know and wouldn't benefit if you did.  Artificial intelligence may be a wonderful concept in many applications, but it's making many scammy solicitations look like the real thing, and if we're not sure about them, then we need to get help before the damage is done and the checkbook is empty.

On that happy note, I'll compensate by wishing you a wonderful time with your families and friends, including a better year for all of us here and around the world who really need it in 2026.

A Thanksgiving Appreciation!

11/26/2025

 
​Happy Thanksgiving, everyone!  No law this time, but perhaps a topic of conversation at the dinner table tomorrow, to help us avoid any of those topics that might have caused projectile silverware or glasses of wine used as splashy conversation enders.  So, here goes.

Just look around the table and then consider what the odds are that all of us would ever be here in the first place.  Let's start with some basics.  The people who keep track of things like demographics estimate that there have been about 109 billion people since we started walking somewhat erect and processing more thoughts than a jellyfish.  If that's even remotely accurate, then it's a pretty long shot that any one of us is here right now at all.  And if there are a dozen of us around this one table, just think of the odds that all of us would have made it from the primordial ooze to this moment in the almost infinite history of things. 

Let's break this down another way.  Homo sapiens are believed to have existed for the past 300,000 years.  If we assume 20 years per generation - people didn't live much longer until pretty recently - that's 15,000 generations since that first hot night in the cave.  And if we speculate that our lines of descent stretch back that far, then during each one of those generational encounters, it was likely just a random event that enabled our ancestors to survive until the next generation.  That means our luck had to have held during 15,000 such occasions, or we wouldn't be here today.  So, if any two of those distant nanas and grampas hadn't found each other, our family tree would have put down its roots somewhere else entirely.  To put it in contemporary terms, we had to win the lottery 15,000 times in a row to be asking for another helping of creamed leeks right now.

But we don't need to go back anywhere near that far to understand the point.  Just think about our ancestors since America's first birthday almost 250 years ago.  If the males hadn't survived the intervening wars; if they'd died haying in the fields in the hot sun or dropping trees on themselves trying to build the homestead; or if the females had died in childbirth or the children hadn't made it through those first treacherous months of untreatable diseases, we wouldn't be here now.  Or if our parents hadn't met on that blind date or it hadn't gone well; or if they hadn't lived or gone to school near enough to each other to have had that date at all; or if one of their families had moved away and that was the end of it right there; we wouldn't be here now.

So, what's my point in all this?  It's simply that we have an awful lot to be thankful for just to be sitting here at this very moment.  And instead of arguing over things we can't change during the next hour or so - things that will only distract us from the need for serious thankfulness - let's make the most of this convergence of our extraordinary good luck and enjoy it like our lives have depended on it.  Because they did and they do.  

Some Year-End RMD Strategies and a Bit More

10/24/2025

 
​Crispy Fall greetings, everyone!  It's been a while since I've written, so lest you completely forget me and I end up in your spam folder, I want to reconnect and offer some timely advice about those pesky required minimum distributions from retirement accounts (RMDs) that some of us have to deal with this time of year.

First, though, I need to digress and give you something else worth thinking about that can be a trap for the unwary:  If you or others you know are assuming that you/they don't need a will or trust if all the assets are in joint ownership with someone else (like a residence or bank accounts) or have designated beneficiaries (like IRAs or life insurance) - and that because of those arrangements, the assets won't require probate administration and can't be called upon to pay off a decedent's obligations and end-of-life expenses - you/they are seriously mistaken and could be blindsided if not careful.  

That is, if all those assets pass automatically and quickly to others at someone's death - great result, for sure - the assets are by no means exempt from the obligations and expenses I mentioned.  So, if you are a recipient of one of those automatic transfers on death, it will behoove you to make sure that all the decedent's obligations have been satisfied or you could be called upon to return at least a portion of what you've received, in order to satisfy those obligations.  'Nuf said here about that, but please let me know if you have questions about what I've just described.

OK, let's talk RMD strategies.  You'll know who you are if you have this issue to contend with, so I won't bother with the basics.  The problem is that if you just receive a check for whatever that annual amount turns out to be, you're going to pay regular income tax on it unless you take steps to at least soften the blow.  Here are a few of those you might consider.

Probably the lowest hanging fruit is simply to have your IRA administrator make charitable contributions directly from the account to your favorite non-profits - the Peterborough Players is always high on my list - 'cause every dollar that goes to them is one you don't have to include on your IRS return.  Sure, there are limits on these direct payment benefits, but most of us don't have to worry about exceeding them, and even so, I'm not sure whether there's anyone left at the IRS to keep track.

Other possibilities for reducing the tax bite on RMDs is to use the funds to pay for things that are tax-deductible.  So, you could pay your year-end real estate taxes with the funds or prepay interest on a mortgage balance you still owe, or even pay a long-term care policy premium, all of which are deductible and might give you a greater benefit than taking just the standard deduction you've always used. 

Other tactics you might consider are to deposit the RMD back into the account, so the non-taxable portion will start growing again on a tax-deferred basis.  

Likewise, if you have grandchildren and want to help them avoid years of repaying student loans, you might contribute the net RMD funds to so-called "529" accounts for them, and the funds in those accounts will also grow taxed-deferred - even never taxed if the payouts are used to pay for tuition, books, room and board, and other education-related expenses for the young Einsteins.

Finally - and this one is more cutting-edge but perhaps worth a look - you can investigate what's known as a "qualified longevity annuity contract", or QLAC in gov-speak parlance.  This is a kind of annuity you can buy with up to $200,000 (per spouse) from the accounts where RMDs are required and then defer taking payments from the annuity until age 85.  So, that much would no longer be included in calculating your RMD and you wouldn't have to pay tax on the annuity payments until you started taking them.  Of course, you need to make sure the company you buy the annuity from will still be around at that point, but that's a risk anyone who buys life insurance is also taking, and you need to be clear about what happens with the annuity balance if you pass on before you start taking the payments.  You'd certainly want it to go to your designated beneficiaries.  Like lots of insurance plans, there are bells and whistles to consider, so do your homework before making a decision.

And, of course, the most advantageous option from a non-tax standpoint would be to take that RMD and book a nice trip somewhere to enjoy the fruits of all those years contributing to the account.  We just got back from a week hiking in Sicily with our kids and the value of an experience like that is priceless.  Now I'm thinking about Spring training in Fort Myers, but I'm not yet ready to broach that at home.

Common Dilemmas You May Recognize

6/5/2024

 
I won't offend any of you by assuming you're regular readers of the AARP magazine quite yet, but a recent issue raised some of the knottiest planning dilemmas faced by families these days - so I'll mention a couple of them and toss in my two cents worth.  Then, there's a suggestion about potential relief from student loan obligations, if that's a problem for anyone you know.

Challenge number one is a really common scenario in this age of exceedingly expensive care in assisted living facilities, and it involves one child taking care of the parents at home.  That offspring typically lives close enough to do so and wants to help out, while the other children may be on the west coast or have all-consuming families of their own to attend to.  The dilemma is how to reward or fairly compensate the caregiver child for that extra effort, without having the rest of the siblings feeling treated unfairly.  

There's really no way to deal with this imbalance except to talk it out while the parents can still do so and to give the children who can't help out the chance to be heard.  That may be an uncomfortable conversation, particularly if the children don't get along all that well, but we owe it to them to confront the issue before the caregiver is left to deal alone with recriminations and suggestions of undue influence after we're gone.  Modifying expectations ahead of time is always a better course than having someone feel blind-sided after we're no longer around to explain ourselves.  If we just can't face that issue in person, at least a carefully written side letter is better than saying nothing at all.  And keep in mind that even though one child may be rewarded for his/her efforts, there will likely be more left for everyone if all our life savings aren't spent on an institutional caregiver.

A corollary of that one occurs when there's a family business that one child has become the successor to, but which represents a large portion of the parents' estate.  It's probably not fair to leave all that value to the one running the business - after all, he/she has been getting paid to do so - but providing for that child to pay the others for at least a portion of that value - perhaps from the business income over a reasonable period of time - may be the way to even things up.  The ones not involved in the business will likely appreciate the income stream and as long as they feel their shares are being appropriately valued, the situation can probably be structured fairly.  Or maybe there's enough for the other children to be compensated from the remaining estate assets.  Yet again, a family meeting before a final decision is made can go a long way toward getting troublesome feelings resolved and avoiding a serious collision of opinions later on, when the decision-maker is gone and no longer able to employ the leadership skills that built the business in the first place. 

 Another biggie is what to do about the one I'll call the black sheep, not necessarily to be judgmental but because we know anything left outright to him or her will pass through their fingers like water through a sieve - maybe due to gambling, substance abuse, an unstable marriage, or just financial over-extension.  That's another scenario of potential resentfulness, and again the best tack would be to face the issue head-on, if we can do it.  The problem is that doing so while we're alive can foster feelings that we don't love, trust or respect that child as much as the others, and it can backfire by souring the relationship we have during the time we have left.  Sometimes we've helped out by shouldering the responsibility for crafting a solution. 

One plan that might work under the right circumstances is to designate another child or family member who's trusted and respected by the one we're concerned about and to have that one dispense the precarious funds.  That's something that needs to be set up ahead of time, of course, and convincing another family member to accept what may be a hot potato may not work either.  That's when a professional advisor may need to be designated, in order to deal with the situation more dispassionately and on a purely businesslike basis, without the emotional baggage of a family member's involvement.  Whatever needs to be done, though, it's better than sticking our heads in the sand and having a tragic situation created that the rest of the family then has to deal with after the fact.

Then, there's the matter of the family's beloved summer retreat and how to provide for it to remain as such.  I'm a great believer in making those arrangements while we're still here and able to establish them on the basis least likely to present problems for the next generation.  That's always preferable to leaving the property to multiple children with fractional ownership shares and then having them try to hash it out among themselves.  The latter is a recipe for destroying otherwise good relationships, so bite the bullet and give them an opportunity to be a part of the solution by providing their own suggestions about how the arrangements should be structured.  

I have some personal history with this one, as Cathie's family has had its place on Lake Winnipesaukee for almost 100 years, and her father set up a trust to own the property 30 years ago that's worked well for us so far.  We have two branches of the family and each has a trustee to represent its interests - so there are only two decision-makers, not what would be more than a dozen at this point.  If one branch needs a new trustee, it decides who that will be and the next generation then carries on.  

In addition, no one has an actual property interest in the property, so there's never an issue about buying out someone's share.  If family members don't want to participate any longer, they don't have to pay any of the expenses and they simply stop visiting unless invited.  If the day arrives when no one can afford to keep the property or no one is using it any longer, the trustees could decide - unanimously - to sell it (though that would be a sad day indeed) and the proceeds would be divided among the family members then living.  Sort of like when the music stops in musical chairs.  

Needless to say, there are a lot of minefields out there to be careful about, and we want to be remembered as the ones who helped navigate through them successfully, rather than the ones who caused the family to self-destruct.  Believe me, uncomfortable conversations are never easy or pleasant, so make sure at the outset to preface the discussion with recognition that having something worth dividing up is better in every respect than having the next generation worrying about how to pay obligations we might have left them instead.

Finally, if you've read this far, and if you or a loved one has federal student loans taken out prior to 2010, now would be a great time to schedule some time to talk about them. The Department of Education has just extended a crucial deadline, but just until June 30, for the "Income Driven Repayment Waiver".  I won't bore you with the details, but what it means is that if you or a family member has certain types of federal loans that were very common prior to 2010, the person struggling with that debt could be eligible to have the entire obligation erased.  And if you're in the clear, feel free to pass this tip on to someone who might benefit.  And if you need help, my colleague Jaran is the go-to guy on this convoluted subject
Posted 06/05/2024 - Estate Planning

New Developments for a Change!

5/7/2024

 
Spring greetings, everyone!  I was going to grouse about the weather taking forever to perk up, but today looks like it's doing its best to keep my mouth shut.  I'm keeping my fingers crossed, though, about whether it was premature to take the plowing stakes down along the driveway.  What do you think?

When I started writing this, I was going to say there was no central theme and just offer some observations that might be of help in avoiding troublesome situations.  However, that changed when I decided you should know about one fairly recent and one brand new State law that might be even more helpful in certain situations.  

The recent law establishes a new planning document for what's being called "supported decision-making".  It's sort of a guardianship light process, in that it allows a person who may be somewhat disabled but is still mentally competent to designate one or more "supporters" to assist the "principal" in making "life decisions" while still retaining all of their legal rights.  It's a long statute, so I can't cover all the ins and outs, but here are some of the highlights.

This new creature of the law has to be established in writing and executed as required, and it has to describe with some specificity the kinds of "supported decision-making" the supporter(s) is authorized to provide.  These might include assistance with physical and mental health care; managing and using income and assets; obtaining support services; securing employment; obtaining food, shelter and public benefits; and assisting with education issues.  Those are typical guardianship functions, as well, but the new arrangement can be revoked by the principal, while a traditional guardianship can only be terminated by a court.  Likewise, in a guardianship the guardian actually makes the decisions for the "ward", whereas this supported arrangement still leaves the official decisions in the hands of the principal.

I see this new hybrid creation as a way of taking some of the sting out of the usual guardianship process, in that it doesn't require a contested, protracted and expensive court proceeding and it may be much less objectionable to a disabled individual than having all independent decisions taken away and given to a third party against the principal's will.  That's an improvement in itself, as real guardianships are some of the most unpleasant and divisive proceedings there are in the law.  If you have specific questions about the statute beyond the thumbnail sketch I've provided, please let me know.

OK, on to the new law that goes into effect on July 1.  This one creates an entirely new kind of conveyance of New Hampshire real property, in that it allows the owner(s) of a residence or unimproved land or a combination of both to create a "transfer on death deed".  That is, a deed that becomes the property of the recipient upon the death of the current owner or owners of the property.  Once such a deed is executed and recorded like any other deed, the recipient becomes entitled to the property once the lifetime owner dies - or when the last of the current owners dies if there are more than one.  Until then, though, the current owner remains the owner and is responsible for paying the taxes and insurance on the property and would also be liable for any of the typical damages or injuries that might result from property ownership.  

As with "supported decision-making" arrangements, however, there are quite a number of technical wrinkles about how these new legal creatures will function.  For example, if a parent executes such a deed in favor of a child, but the parent later changes his/her mind about that decision, the parent can revoke the deed prior to his/her death, by recording a revocation deed in the registry, or even by recording another "transfer on death deed" to a different recipient - like a brother or sister.  So, kids, you'd better still write appreciative thank you notes when your parents send checks on your birthday or you may find that your doting sibling ends up with the homestead.

The full impact of these deeds is not yet known, of course, but it looks like one use may be to enable people with residences that might otherwise be transferred into revocable trusts in order to avoid probate, to have those properties go to their children without the need for a trust.  Still, if these deeds must be recorded within 60 days of execution - which is a requirement - that may make some owners uncomfortable that their planning arrangements are getting exposed to public view.  Likewise, if an owner might want to revoke one of these deeds, but can no longer do so due to incapacity, that may result in an unintended transfer occurring.  Perhaps some owners may now want their durable powers of attorney to include this kind of revocation authority - while others may not want their plans upset under any circumstances.  

Who says the law is a stagnant morass?  With fast-moving changes like these upsetting our applecarts, life in the legal trenches is pretty exciting these days.  And, of course, the skeptics will complain that these are just more ways for lawyers to feather their own nests - to which I say, I'm shocked and deeply offended, but ready to help if the need arises!
​
Posted 02/06/2020 - Misc.

Views and News

3/1/2024

 
​Early (Very Early) Spring greetings to you all!  As a native Southerner, I confess to being less than sanguine about the weather of January and February and to being much more enthusiastic about the milder months of mud and black flies that await us.  I guess it's a hereditary attitude that evolved from all those swamps and mosquitoes. 


So, I'll mention a few Spring things that might be helpful or at least explanatory. 

I get asked all the time about whether people should leave the share of their assets to the spouse of a child who may predecease them.  My thinking is generally that if the child has surviving children (the clients' grandchildren), it's usually better to leave that share for the benefit of those grandchildren instead.  That's because the spouse (the mother/father of those grandchildren) will certainly benefit by having funds to help support his or her children, but also because it's not unusual that the spouse would remarry at some point and eventually leave all the clients' assets to the new spouse (whom they wouldn't even know), rather than to the clients' grandchildren.  If there really is a desire to recognize the spouse of a deceased child, a very modest bequest is fine as a remembrance and will likely be unexpected but much appreciated.   

Likewise, people often feel obligated to treat all their children entirely equally, even though the children may have completely different financial circumstances.  That is, one child may be a surgeon who has a second home and takes lavish vacations, while the other is a struggling actor, writer or artist.  Both certainly made choices about their lifestyles, but if both are committed to what they're doing and working hard at it, there's no reason why the parents can't take their children's financial rewards into consideration.  If parents do that, though, it's important to include a separate letter explaining the reasons for disproportionate shares, so the children understand that they are loved and valued the same, but the parents are just trying to level the playing field a bit.  After all, the parents may have already made a more significant contribution to the surgeon's education expenses.

Pivoting now to lifetime giving, you may already know that in 2024 you can make gifts up to $18,000 per surgeon or artist (or anyone else) without needing to pay any gift tax and without even needing to file a gift tax return to report those gifts.  If your spouse joins in such generosity - even if the funds are all yours - you can increase those gifts to as much as $36,000 per person, but you'll need to file a gift tax return to indicate your spouse's consent.  

Something else that people often think is that those gifts are all they can do in the way of non-taxable gifting.  But not so.  Keep in mind that we all currently have a lifetime exemption from federal gift and/or estate taxes of $13,610,000 - no typo there.  That's $27,220,000 for a married couple and definitely more than most of us will ever need to prevent our estates from getting a tax due notice.  That means even a well-heeled husband and wife can make non-taxable gifts of millions to their offspring (or any other lucky recipients) and still not need to worry about estate tax bills when their time comes.  Again, there's a return to be filed for this uber generosity, but just for the purpose of letting the IRS know how really generous you've been and how much potential generosity you've got left.

There is a bit of a caveat here, however, and that's because after 2025, the law now provides that those exemptions I've mentioned will be cleaved in half and leave us with a mere $6,805,000 per person to remain estate or gift tax free - so, only a paltry $13,610,000 per married couple.  I know that's enough to keep you up tonight, but I'll try to talk you down.

Many Congress people have pretty cushy estates of their own and may not want to increase the chances that their estates would be subject to tax if the projected exemption reductions become effective on 1/1/2026.   So, despite that they don't agree on much anything else, they may decide to kick that exemption rollback down the road a few years or at least to reduce it significantly.  

I know many of you stopped reading when I mentioned the current tax exemption limits, but for those of you still with me, there are a number of moves you might make to reduce the chances that your estates will ever have to pay any estate taxes.  For one, charitable deductions are untouchables, so you might provide for bequests to your favorite social service agencies or medical centers, or for targeted support for educational and cultural organizations you've benefited from or enjoyed.  Just look at the favorable notoriety recently received by the lady who used a spare billion to free her favorite medical school's students from any further tuition payments.  That's going to be life-changing for those future doctors and it may inspire the generosity of others.

You might also set up an irrevocable trust for upcoming family generations (lavishly termed a "dynasty" trust) that would be structured so as not to be included in your taxable estate, and fund it with assets you can afford to part with that might otherwise be close to a tax threshold.  Or, if you don't have several spare millions to use for that purpose, you might fund the trust with enough to pay premiums on as much life insurance as you can afford (or even on an existing policy), so the trust will be able to cash in when you finally cash out.  There are other options, as well - like large outright gifts to deserving family members - but this is the low-hanging fruit.

Posted 05/01/2024 Misc.

Nagging is My Specialty

1/15/2024

 
 New Year's greetings, everyone!  Now that the blur of the holidays is clearing up and we've all written our thank-you notes (we have, right?), I want to make an early pitch for getting our planning houses in order while we're stuck with these dark days and nights, and before we all get back out in the yard with rake and mower.


  • I made this pitch the last time during the early days of the pandemic - which was now almost 4 years ago! - so while I won't belabor my message, anything worth saying is worth repeating.  Here goes:  If your documents are more than 10 years old, your durable powers of attorney and health care directives are getting as stale as that fruit cake it's time to put out for the birds and squirrels.  And if those documents are so ancient that they don't include current phone numbers for your health care agents (how are your medical personnel going to reach them in an emergency?) or if your powers of attorney name agents no longer capable of making even their own decisions, how are those documents going to do you any good at all?

    As for wills and trusts, probate avoidance is still as important as it was 4 years ago.  The courts still haven't caught up with their Covid-era backlogs and who wants to wait for their permission to sell a car anyhow.  So, make a list of your current assets and determine what would happen with each of them if the worst should happen to you.  The basic rule of thumb is that any asset just in your own name - without a joint owner or without a current beneficiary designated - is going to need about a year's worth of probate to get to the right person, unless you take some corrective action in the meantime.  Also, if those executors and trustees aren't really the right choices any longer, it's time to hit "refresh" and put the best current choices in place.  

    Just a few more suggestions, based on the issues we're dealing with:  If you have a safe deposit box, don't put documents or items in it that will need to be consulted soon after you're gone, and make sure you leave your families with a list of what's in there.  If your last wishes are locked away in a bank vault, they won't be accessible until long after they've become moot.  And if no one knows what's in the box, it may be necessary to get probate approval just to open it - only to find that there's nothing there at all.  We've had that experience more than once and it's a total waste of time and money.

    Also, if you're making arrangements in your documents that might be taken the wrong way by your children or other family members - like who you're naming as your agents for different purposes, or why you're leaving unequal shares to them - it's a good idea to leave a letter or other written explanation for those decisions, so as not to create the wrong impression.  You don't want anyone to feel that you didn't trust them or didn't love them as much as others, without understanding the rationale for your choices.  Maybe it's because someone lives more conveniently or has more time to deal with your affairs, or maybe it's just because one of your offspring needs more help than another.  Just don't leave them to guess about your motives and perhaps come to hurtful conclusions.

    Keep in mind, too, that you're not doing anyone a service by naming multiple agents, just to have everyone feel you're treating them fairly, if they really aren't going to be able to work well and cooperatively together.  We see that all the time and it can lead even to court action, if not to destroying family relationships, which is unlikely to be the result you were hoping for.  And you're surely in the best position to know whether you're making the right choices or setting things up for WW3.

    Finally, there's just no good reason to procrastinate.  People's health can change overnight, either due to medical or accidental causes, and once the window for making new arrangements has closed, the options for getting the right moves made and plans in place can be severely limited.  We just never know about the future - or our planning decisions would be a lot simpler and easier. 

Cautionary Holiday Tales

11/28/2023

 
​Holiday greetings, everyone!  I hope you've all worked off the tryptophan - or whatever afflicts you from eating too much tofurkey.  I always swear I'm going to nibble modestly, but then I feel guilty if I don't take at least a spoonful of all those family specialties.  And pretty soon I've got enough to stuff a hungry Teamster.  Then there are all those leftovers that seem even better the next time around.  Phew.


If you recall, the last time we chatted I offered some options for how to make this a true season of giving.  The trouble is, for all the givers, there are also takers, and it's those I want to warn against this time.

It may seem an odd place to start, but let's talk about durable powers of attorney, some of the most fundamental documents of modern estate planning.  As you know, they designate a trustworthy agent(s) who can make legal and financial decisions for us if we can't or simply don't want to take on those tasks ourselves.  And they're critical to get in place while we're able to do so, because after that point the only alternative agent is a court-appointed guardian who's chosen in one of the nastiest proceedings known to the law.

Getting back to the trouble I mentioned, the key to a successful DPOA is making the right choice of an agent.  Some just don't have the time to take on someone else's affairs, while others may be lovely people but just don't have the right skills to make competent choices.  But those are just the first hurdles to navigate, because then there are those takers.

Though certainly not commonplace, the takers are the agents who are looking out for their own interests and don't know the meaning of the term "fiduciary".  So, unbeknownst to those of us who trusted them, when they're a little short of funds to pay their property taxes, or need to catch up on their mortgage payments, or to replace a vehicle that's no longer reliable, they rationalize that we'd surely approve a short-term loan for those kinds of worthy purposes.  Then, maybe there's another need a few months later, and they swear to themselves that they'll replenish our coffers when a tax refund arrives.  But, oh, there's a different crisis at that point and before they know it, repayment is a distant and unfulfilled memory.  

Lest you think I'm overstating the problem, I could tell you about several situations where the unauthorized "borrowing" got into six figures and had to be reported to the State's elder abuse office for reparations or prosecution.  What's worse is that those folks weren't just unrelated people who shouldn't have been trusted in the first place.  They were children or nieces/nephews of their victims - yes, that's the right word - and the unauthorized withdrawals I'm referring to seriously jeopardized the care of their trusting elders. 

Then there was the case I suspect was the mother of them all.  I prepared a trust for an elderly client who wanted to make significant distributions to the client's favorite non-profits.  There was still going to be plenty left for family members, but the family holder of the client's DPOA apparently thought those distributions were exorbitant and that the client surely didn't mean to add that many zeros.  So, instead of checking with me to clarify the client's wishes - I had represented the client for more than 10 years - I believe the agent took that concern to another attorney - who knew nothing of the client's real wishes - and the agent misused the DPOA's authority to eliminate those distributions entirely.  There's no longer any way to verify my suspicions, but if accurate, we'd be talking about felony-level taking.

Needless to say, effective due diligence might have reduced the foregoing risks.  That is, a prospective agent who's had financial difficulties of his/her own, or who has a troubled domestic relationship, or who has a lingering substance abuse issue, may not be a reliable candidate to take on our affairs.  And if we're worried at the outset, that's not a comfortable place to be when we may no longer be able to monitor what happens next.  One possible safeguard if we have concerns may be to require the agent to report monthly to us or to another trusted family member concerning the use of our funds and the other decisions they've made.  At least those steps may achieve a measure of deterrence in the face of temptation.  Or we might simply say in the DPOA itself that no transfers of funds may be made to or for the personal benefit of our agent, or that no changes may be made in any of our documents that deal with the disposition of our assets.

I wish I could offer a happy ending to these tales - like Scrooge after his late-night visitations - but we'll have to take consolation from knowing ahead of time what can happen, without having to be victims ourselves.  So, let's all just make early resolutions for the upcoming holidays - and for the new year - to be the best givers we can and then to choose the right agents for when we'll surely need them.   After all, it's always better to give than to receive, right?
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    Phil Runyon

    Phil Runyon has been practicing law in Peterborough, NH, for over 50 years. He has regularly sent out emails to his clients, keeping them updated on changes in the law that effect estate planning, and writing about other relevant concepts or planning techniques.

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