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	<pubDate>Mon, 18 Apr 2011 15:02:48 +0000</pubDate>
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		<title>Be Aware of the Dangers of Joint Accounts</title>
		<link>http://www.dempseysteed.com/2009/08/be-aware-of-the-dangers-of-joint-accounts/</link>
		<comments>http://www.dempseysteed.com/2009/08/be-aware-of-the-dangers-of-joint-accounts/#comments</comments>
		<pubDate>Thu, 27 Aug 2009 01:55:49 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Estate Planning]]></category>

		<guid isPermaLink="false">http://www.dempseysteed.com/?p=119</guid>
		<description><![CDATA[Many people believe that joint accounts are a good way to avoid probate and transfer money to loved ones, and such accounts are sometimes referred to as &#8220;the common person&#8217;s estate plan.&#8221; But while joint accounts can be useful in certain circumstances, they can have dire consequences if not used properly. Adding a loved one [...]]]></description>
			<content:encoded><![CDATA[<p>Many people believe that joint accounts are a good way to avoid probate and transfer money to loved ones, and such accounts are sometimes referred to as &#8220;the common person&#8217;s estate plan.&#8221; But while joint accounts can be useful in certain circumstances, they can have dire consequences if not used properly. Adding a loved one to a bank account can affect Medicaid planning as well as expose your account to the loved one&#8217;s creditors.</p>
<p>When a person applies for Medicaid long-term care coverage, the state looks at the applicant&#8217;s assets to see if the applicant qualifies for assistance. While a joint account may have two names on it, most states assume the applicant owns the entire amount in the account regardless of who contributed money to the account. If your name is on a joint account and you enter a nursing home, the state will assume the assets in the account belong to you unless you can prove that you did not contribute to it.</p>
<p>In addition, if you are a joint owner of a bank account and you or the other owner transfers assets out of the account, this can be considered an improper transfer of assets for Medicaid purposes. This means that either one of you could be ineligible for Medicaid for a period of time, depending on the amount of money in the account. The same thing happens if a joint owner is removed from a bank account. For example, if your spouse enters a nursing home and you remove her name from the joint bank account, it will be considered an improper transfer of assets.</p>
<p>Another problem with joint accounts is that the account is vulnerable to all the account owner&#8217;s creditors. For example, suppose you add your daughter to your bank account. If she falls behind on credit card debt and gets sued, the credit card company can use the money in the joint account to pay off your daughter&#8217;s debt.</p>
<p>Finally, you need to be sure you can trust the joint account holder because he or she will have full access to the account. Either account owner can take money out of the account regardless of who contributed to the account.</p>
<p>There are better ways to conduct estate planning and plan for disability. A power of attorney will ensure family members have access to your finances in the case of your disability. If you are seeking to transfer assets and avoid probate, a trust may make better sense.</p>
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		<title>How Does Work Affect Your Social Security Payments?</title>
		<link>http://www.dempseysteed.com/2008/11/how-does-work-affect-your-social-security-payments/</link>
		<comments>http://www.dempseysteed.com/2008/11/how-does-work-affect-your-social-security-payments/#comments</comments>
		<pubDate>Sat, 22 Nov 2008 18:04:37 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Elder Law]]></category>

		<guid isPermaLink="false">http://h50.us/~builder/dempseysteed/?p=43</guid>
		<description><![CDATA[Many people continue to work beyond retirement age, either by choice or out of necessity. But if you are receiving Social Security benefits, you need to be aware of how working can affect your benefit payments. Earning income above Social Security thresholds can cause a reduction in benefits and mean your benefits will be taxed.
Whether [...]]]></description>
			<content:encoded><![CDATA[<p>Many people continue to work beyond retirement age, either by choice or out of necessity. But if you are receiving Social Security benefits, you need to be aware of how working can affect your benefit payments. Earning income above Social Security thresholds can cause a reduction in benefits and mean your benefits will be taxed.</p>
<p>Whether it makes sense to work and collect Social Security at the same time is a complicated assessment that depends on how much you earn and when you begin taking Social Security benefits.</p>
<p>If you work and are <span style="text-decoration: underline;"><a href="http://www.elderlawanswers.com/elder_info/elder_article.asp?id=700#cover" target="_blank">full retirement age</a></span> or older, you can earn as much as you want and your benefits will not be reduced. However, individuals may begin taking Social Security retirement benefits early beginning at age 62. If you are younger than full retirement age, there is a limit to how much you can earn and still receive full benefits. If you earn more than $13,560 (in 2008), Social Security will deduct $1 from your benefits for each $2 you earn over the threshold. In the year you reach full retirement age, you can earn up to $36,120 (in 2008) without having a reduction in benefits. However, if you exceed $36,120 in earnings, Social Security will deduct $1 from your benefits for each $3 you earn until the month you reach full retirement age. Once you reach full retirement age, your benefits will no longer be reduced.</p>
<p>For example, if your monthly Social Security benefit is $700 and you earn less than $13,560, you will receive $8,400 in benefits. However, if you earn $15,000 ($1,440 over the threshold), you will receive $7,680 in benefits. For more information, <span style="text-decoration: underline;"><a href="http://www.ssa.gov/pubs/10069.html" target="_blank">click here</a></span>.</p>
<p>Note that if your benefits are withheld, at least some of those benefits will be returned to you in the form of higher monthly benefits once you reach full retirement age. When you reach full retirement age, Social Security will recalculate your benefits to take into account the months in which your benefits were withheld. In addition, if your latest year of earnings turns out to be one of your highest years, Social Security will refigure your benefit based on the higher earnings and pay you any increase due.</p>
<p>Another way that working can affect Social Security is with regard to taxes. If your combined income (Social Security calculates &#8220;combined income&#8221; by adding one-half of your Social Security benefits to your other income) is between $25,000 and $34,000 (or $32,000 and $44,000, if filing jointly), you may have to pay taxes on 50 percent of your benefits. If your income is more than $34,000 (or $44,000 if filing jointly), then you may have to pay taxes on up to 85 percent of your benefits. For more information on taxes and Social Security benefits, <span style="text-decoration: underline;"><a href="http://www.ssa.gov/planners/taxes.htm" target="_blank">click here</a></span>.</p>
<p>For more information on Social Security, <span style="text-decoration: underline;"><a href="http://www.elderlawanswers.com/elder_info/elder_article.asp?id=700" target="_blank">click here</a></span>.</p>
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		<item>
		<title>10 Reasons to Create an Estate Plan Now</title>
		<link>http://www.dempseysteed.com/2008/11/hello-world/</link>
		<comments>http://www.dempseysteed.com/2008/11/hello-world/#comments</comments>
		<pubDate>Mon, 17 Nov 2008 21:35:42 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Estate Planning]]></category>

		<guid isPermaLink="false">http://h50.us/~builder/dempseysteed/?p=1</guid>
		<description><![CDATA[Many people think that estate plans are for someone else, not them. They may rationalize that they are too young or don&#8217;t have enough money to reap the tax benefits of a plan. But as the following list makes clear, estate planning is for everyone, regardless of age or net worth. (For more information on [...]]]></description>
			<content:encoded><![CDATA[<p>Many people think that estate plans are for someone else, not them. They may rationalize that they are too young or don&#8217;t have enough money to reap the tax benefits of a plan. But as the following list makes clear, estate planning is for everyone, regardless of age or net worth. (For more information on estate planning, see our <span style="text-decoration: underline;"><a href="http://www.elderlawanswers.com/elder_info/elder_article.asp?id=703" target="_blank">Estate Planning section</a></span>.)</p>
<p><strong>1. Loss of capacity.</strong> What if you become incompetent and unable to manage your own affairs? <em>Without a plan</em> the courts will select the person to manage your affairs. <em>With a plan</em>, you pick that person (through a <span style="text-decoration: underline;"><a href="http://www.elderlawanswers.com/elder_info/elder_article.asp?id=703#1" target="_blank">power of attorney</a></span>).</p>
<p><strong>2. Minor children. </strong>Who will raise your children if you die? <em>Without a plan</em>, a court will make that decision. <em>With a plan</em>, you are able to nominate the guardian of your choice.</p>
<p><strong>3. Dying without a will. </strong>Who will inherit your assets? <em>Without a plan</em>, your assets pass to your heirs according to your state&#8217;s laws of intestacy (dying without a will). Your family members (and perhaps not the ones you would choose) will receive your assets without benefit of your direction or of trust protection. <em>With a plan</em>, you decide who gets your assets, and when and how they receive them.</p>
<p><strong>4. Blended families. </strong>What if your family is the result of multiple marriages? <em>Without a plan</em>, children from different marriages may not be treated as you would wish. <em>With a plan</em>, you determine what goes to your current spouse and to the children from a prior marriage or marriages.</p>
<p><strong>5. Children with special needs. </strong><em>Without a plan</em>, a child with special needs risks being disqualified from receiving Medicaid or SSI benefits, and may have to use his or her inheritance to pay for care. <em>With a plan</em>, you can set up a <span style="text-decoration: underline;"><a href="http://www.elderlawanswers.com/elder_info/elder_article.asp?id=2742#6" target="_blank">Supplemental Needs Trust</a></span> that will allow the child to remain eligible for government benefits while using the trust assets to pay for non-covered expenses.</p>
<p><strong>6. Keeping assets in the family. </strong>Would you prefer that your assets stay in your own family? <em>Without a plan</em>, your child&#8217;s spouse may wind up with your money if your child passes away prematurely. If your child divorces his or her current spouse, half of your assets could go to the spouse. <em>With a plan</em>, you can set up a trust that ensures that your assets will stay in your family and, for example, pass to your grandchildren.</p>
<p><strong>7. Financial security. </strong>Will your spouse and children be able to survive financially? <em>Without</em> a plan and the income replacement provided by life insurance, your family may be unable to maintain its current living standard. <em>With a plan</em>, life insurance can mean that your family will enjoy financial security.</p>
<p><strong>8. Retirement accounts. </strong>Do you have an IRA or similar retirement account? <em>Without a plan</em>, your designated beneficiary for the retirement account funds may not reflect your current wishes and may result in burdensome tax consequences for your heirs (although the <span style="text-decoration: underline;"><a href="http://www.elderlawanswers.com/elder_info/elder_article.asp?id=702#1" target="_blank">rules regarding the designation of a beneficiary</a></span> have been eased considerably). <em>With a plan</em>, you can choose the optimal beneficiary.</p>
<p><strong>9. Business ownership.</strong> Do you own a business? <em>Without a plan</em>, you don&#8217;t name a successor, thus risking that your family could lose control of the business. <em>With a plan</em>, you choose who will own and control the business after you are gone.</p>
<p><strong>10. Avoiding probate.</strong> <em>Without a plan</em>, your estate may be subject to delays and excess fees (depending on the state), and your assets will be a matter of public record. <em>With a plan</em>, you can structure things so that probate can be avoided entirely.</p>
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