Garland Law Offices, P.A.

What Don’t I Know About Retirement?

“Retirement is a topic that regularly makes headlines, and not all of them are encouraging. Americans are living longer than ever before, resulting in lengthy periods of post-career life.”

Investopedia’s recent article, “6 Surprising Facts About Retirement,” writes that if you think most people are saving more in order to prepare for their long-term needs, you’d be incorrect. The article provides us with some of the more startling truths about retirement in the U.S.

1. Retirement May Be Longer Than You Think. The average American will retire at age 66 and live until about 79. However, many will see their retirement last much longer than 13 years. A 65-year-old woman has a 50% chance of making it to age 85, and a 65-year-old man has a 50% chance of reaching age 82. This is why younger people need to plan for 20 years or more of income in retirement. For current retirees, an ultra-conservative portfolio composed solely of bonds may not give them sufficient growth, especially with interest rates so low.
2. Social Security Doesn’t Do It By Itself. Many experts suggest replacing 80% of your usual income once you hit retirement. However, for many, Social Security payments alone won’t be nearly enough to hit that target. In 2019, the average monthly Social Security benefit is just $1,461. That’s just $17,532 per year.
3. We’re Waaaay Behind on Savings. Americans are quite far behind on saving for retirement. When the American workplace turned away from pension plans, workers needed to be responsible for securing their retirement funds. We’re not doing it: according to thestreet.com, in 2019 a typical couple in the 56-to-61 age bracket without any retirement accounts had just $17,000 in savings. For many, that’s not enough to live off for a year, let alone a whole retirement. However, the mean retirement savings of working households age 32 to 61 is $95,776, according to the Economic Policy Institute. 35% of workers have $100,000 or more saved for retirement.
4. Just Half of Americans Have a Retirement Plan. Today, the median annual pension amount for the fast dwindling number of Americans who have the old-fashioned defined-benefit plan is less than $10,000, according to CNBC.com. However, many of us aren’t replacing those pensions with a contribution plan, like a 401(k). Almost half of the population (43%) has no workplace savings vehicle of any kind in 2019, according to Bloomberg.
5. Many People are Staying in the Workforce. Because so many Americans are behind in their savings, it may not be surprising that many remain in the workforce well after reaching Social Security eligibility. Almost 19% of people 65 or older were working either full- or part-time, as of 2017. Consider this: about 20% of workers overall say they’ll never be able to retire!
6. Medicare Doesn’t pay for Assisted Living. Nearly 70% of individuals who reach age 65 will require long-term care at some point. What many seniors don’t know, is that Medicare doesn’t pay for most long-term care costs. It only covers 100 days of care at a skilled nursing facility, and only if it was preceded by a hospital stay of three days or more.

Begin your analysis, by looking at the amount of money you’ll need for retirement, based on your current spending and the standard of living you want. Then look at your savings balances and how much you’re saving regularly.

Roughly 55% of Americans build their nest eggs with a regular savings account. However, that might not be good enough, because of the low interest rates. Savers should consider other investment vehicles.

Be sure that you’re maxing out contributions to your 401(k) or 403(b) if you have one, or at least, saving enough to get the company match. If you don’t have a plan through your work, or you’re lucky enough to max out your plan each year, you can supplement your savings with an IRA. For 2019, you can contribute up to $6,000 a year to an IRA, or $7,000 if you’re age 50 or older.

Reference: Investopedia (September 27, 2019) “6 Surprising Facts About Retirement”

Does Your Retirement Plan Include Long Term Care Insurance?

“No one likes to think about needing long-term care. Yet the reality is that many people will, at some point in their life.”

Roughly 60% of those turning 65 can anticipate using some form of long-term care in their lives, according to the U.S. Health and Human Services Department. It may be a nursing home, assisted living, or in-home care.

CNBC’s recent article, “Not having long-term care insurance can be ‘the single biggest devastator’ of your financial plan,” reports that over 8 million Americans have long-term care insurance. However, the cost of that insurance is rising. This increase is because of several factors, including the fact that companies underpriced their policies for years and misjudged how many would drop coverage.

Because of those rising premiums, some individuals may choose self-insurance. That means saving a pool of money to earmark for long-term care. Coverage is also available through Medicaid, which has eligibility requirements.

Even with these increases, you should purchase some form of coverage. This is because not being insured can be the biggest devastator of a financial plan.

The rule of thumb has been to buy LTC coverage at age 55. However, it really depends on your situation. The big unknown is health, and the odds of being able to qualify for coverage at age 60, compared to age 30 or 40 is vastly different.

A traditional LTC policy will cover the costs of care for a certain period of time, generally up to six years. The amount of coverage is based on the average cost of care for your location. Most insurers offer it in the form of a monthly benefit, and possibly with some inflation protection.

There’s also a hybrid policy that covers long-term care costs but becomes life insurance paid to heirs, if it’s not used. Of the 350,000 Americans who purchased long-term care protection in 2018, 85% chose the hybrid coverage. It’s also called combo or linked-benefit. The big difference is price: you’ll pay more for the hybrid policy.

Medicaid is another option, particularly if you don’t have a way to save. To be eligible, you must deplete your assets. You can also work with an attorney to find out how you can shield your assets, before you need care. Medicaid also looks back five years into your finances, so if you have given away any money during that period of time, it will be subject to penalty.

Reference: CNBC (October 14, 2019) “Not having long-term care insurance can be ‘the single biggest devastator’ of your financial plan”

How Do I Qualify for Medicaid?

“It is often very difficult to qualify for Medicaid.  However, the following steps can help determine if you are eligible and improve your odds of obtaining coverage.”

If you’re in need of long-term care and can’t afford to pay for either the actual care you need or any insurance or annuity protection, you’ll need to apply for coverage under Medicaid. It’s designed to provide managed care to people who are disabled or age 65 or older and have income and assets that fall below certain federal and state thresholds.

Investopedia’s recent article, “How to Qualify for Medicaid: Tips and Eligibility Requirements,” explains that while Medicaid is federally funded, it’s administered at the state level. Each state also has its own set of rules and regulations for the program. If you’re single, you typically can’t have more than $2,000 worth of cash or other assets outside of your personal residence, vehicle, and other necessary items. If you’re married and your spouse is still able to live independently (known as a “community spouse”), he or she is allowed to keep up to 50% of your joint assets. Your single or joint income usually can’t exceed 133% of the federal poverty level, but several states have thresholds above this.

You’ll also have to prove medically you’re disabled in most cases, although certain exceptions apply. And you must also be either a U.S. citizen or have a green card and prove your residency within the state. However, if your assets or income exceed the state thresholds, you’ll need to reduce your estate. This is known as “spending down.” You might also be able to create a spend-down trust.  However, this is non-enforceable by you—and you may lose assets permanently, if the party you gift them to gets into financial trouble.

A frequent reason for people to be denied Medicaid coverage, is incomplete information on the application. Before you start, collect these documents to submit:

• Birth certificate or driver license (to prove your age);
• Proof of citizenship;
• Assets and income documentation;
• Copies of your mortgage, lease, rent payment receipts, utility bills, or other documents that prove where you live;
• Medical records showing your disability; and
• Information about any other health insurance coverage you may have.

You state may require different or additional documentation.

You cannot simply gift your assets or belongings to your children or a reliable friend to use them on your behalf. Before or during the Medicaid application process, consider consulting with attorney who specializes in elder law and thoroughly understands the Medicaid laws in your state. He or she can help you with creating a Medicaid trust or other legal gifting moves that you may be able to make.

Qualifying for Medicaid is not an easy process. Get all of the help you can from a qualified elder law attorney, before you start this process to maximize your chances of acceptance.  You should also be ready to drastically decrease the size of your acceptable estate, through a gifting or donation program to meet the eligibility thresholds for your state.

Reference: Investopedia (October 6, 2018) “How to Qualify for Medicaid: Tips and Eligibility Requirements”

New VA Rues for LTC Go Into Effect This Month

“It’s going to be harder for veterans to qualify for a benefit that’s already little known.”

There are some new regulations for the Aid and Attendance program, a service that helps qualifying veterans cover long-term care.

Think Advisor’s recent article, “VA Is Tightening Rules on LTC Benefit for Veterans,” reports that these changes finalized by the Department of Veterans Affairs will place “an asset limit, a lookback period, and asset transfer penalties” for those who apply for VA pension benefits that require a showing of financial need. Aid and Attendance is at the top of the list of those benefits. This program can help veterans who require long-term care.

The program previously had income restrictions to qualify for the benefit, but now the new rules will add more administrative hoops. These new regulations limit veterans to a net worth limit of $123,600—the same as a Medicaid applicant’s spouse may keep. However, this dollar figure includes both the applicant’s assets and income. There are also revisions to policies for qualifying medical expenses to determine IVAP (the veteran’s household income minus all unreimbursed medical expenses).

In addition, the new rules place a three-year lookback period now on applicants. Therefore, if a person has transferred assets to protect themselves within that timeframe, they’ll be penalized by being denied benefits for up to five years. One exception is for transfers to a trust for a child who cannot “self-support.”

There are also new transfer penalties for any gifts and/or transfers that were made at less than fair market value (FMV).

The use of immediate annuities and planning strategies concerning gifting are also being limited.

The new rules went into effect on October 18.

Veterans should talk to their estate planning attorneys about any pending planning strategies and have them re-evaluated, in light of these rule changes. The report says, “The VA will disregard asset transfers made before that date. Applicants may still have time to get through the process before the rules are in place.”

Reference: Think Advisor (September 26, 2018) “VA Is Tightening Rules on LTC Benefit for Veterans”

Don’t Let These Mistakes Crack Your Retirement Nest Egg

“According to a Gallup poll, 51% of non-retired Americans don’t think they will have enough money to live comfortably in retirement.”

While half of those Americans who aren’t retired believe they don’t have enough money to retire, 78% of those in retirement say they have enough money to live comfortably.

However, a Fox Business article, “10 mistakes that can sabotage your retirement savings,” advises that wherever you are on the retirement curve—whether you’re just starting to save for retirement or are already retired—there are mistakes that can poke a big hole in your retirement nest egg. Let’s take a look the list:

1. Failing to consider the effect of taxes on retirement income. You need to calculate how taxes could affect your savings. Some retirement savings plans are taxed, when they’re withdrawn. A big mistake many retirees make is believing that Social Security isn’t taxed, but 85% of Social Security can be taxed.
2. Failing to consider the effect of health care costs in retirement. This can be expensive and includes things like deductibles and out of pocket payments—not just the costs for a health care plan.
3. Failing to consider the effect of potential long-term care costs in retirement. It’s easy to forget to consider the day-to-day costs of long-term care, like assisted living, nursing homes, and in-home care. Medicare will pay for certain care for 30 days, but after that it has to come from your own savings.
4. Failing to have enough liquidity and an emergency fund. You need to have money invested appropriately for retirement, so it can be accessed when you need cash.
5. Having too much money tied up in your home. This isn’t a liquid investment, and if you have too much of your net worth tied up in your home, you may experience a lack of liquidity when you need it.
6. Starting your retirement with significant levels of debt. Pay off or reduce your debt before retirement. Otherwise, your debt can debilitate your finances.
7. Failing to plan for Social Security. There are a lot of strategies for using Social Security to maximize the amount of money you’ll receive. You can begin receiving Social Security payments at age 62. However, if you wait, you’ll see more money.
8. Spending too much early in your retirement. Trips are nice, but your money has to last as long as you do! People who spend too much during the early part of their retirement years, can find themselves in a financial pinch later on.
9. Failing to assess your risk. You need to have risk-appropriate investments in retirement. Consider your risk tolerance, since being too risk averse could eat into the value of a savings plan.
10. Thinking you can do it yourself without a professional. Work with a qualified estate planning attorney to have an estate plan in place.

Reference: Fox Business (August 3, 2018) “10 mistakes that can sabotage your retirement savings”

What Will Care Cost For My Parent?

“If your elderly mom or dad has a problem and suddenly cannot live on his or her own, it can be a terrible shock to everyone in the family. It can also cause big financial problems.”

Hiring a caretaker in your home for a day may cost about $200 a day. At an assisted living facility, at a very low-level tier of care, the price is somewhere between $5,500 and $6,500 per month. For skilled nursing, it’s $8,500 or more, based on the amount of care you receive.

New Jersey 101.5’s recent article, “Mom or Dad Goes to a Nursing Home: Will You Go Broke?” explains that New Jersey is one of the more expensive areas for long-term care. As a result, when looking at paying for that care and trying to protect assets, it’s important to work with an attorney who specializes in elder law. That person can draft the legal documents and also handle counseling issues on housing, placement and level of care.

Many folks think they’ll have to spend their parents’ entire savings or assets before becoming eligible for some type of government assistance. However, there are four ways to pay for elder care: your own money, long-term care insurance, Medicaid or the VA. You should ask an experienced elder law attorney to try and protect as much of their individual assets as possible. The sooner you begin the planning process, the more options you’ll have as far as the type of care and how long you’re able to pay for it.

An elder law attorney will discuss ways to protect the assets of someone going into long-term care. Strategies usually focus on leveraging the Medicaid and VA regulations.

An elderly person who requires 24/7 care, can exhaust all of his or her financial resources.  However, Medicaid can help. This program lets the person stay with their care, when they’ve spent everything down.

In some situations, an elderly parent requires a significant amount of care, and his or her assets must be used to pay for assisted living or a nursing home. That can make things tense. The children may be anticipating inheritances to help with their own retirements, and they could be resentful when that money's being spent on mom’s care.

However, most families are focused on the welfare of the elderly parent or relative. Those who are facing a crisis with an aging parent, should know they can ask for help. Speak with an elder law attorney and explore all of your options.

Reference: New Jersey 101.5 (August 20, 2018) “Mom or Dad Goes to a Nursing Home: Will You Go Broke?”