Full Service Law Firm in Mt. Laurel Township, NJ | Capehart Scatchard

The Basics

Medicare open enrollment is upon us.  It can be a daunting time with choices to be made.  Choosing the best Medicare options that will work best for you can be complicated. This is the first of a three-part series which will help you avoid some common Medicare mistakes.

  • That magical birthday of 65 is approaching.  Do you have to do anything or does Medicare happen automatically?  Unfortunately, you will have to enroll during what is called your initial enrollment period.  The initial enrollment period begins three months before the month in which you turn 65 until three months after.  If you fail to sign up during your initial enrollment period, there is a general enrollment period from January 1 through March 31 each year.  But, if you enroll in January, February or March, your coverage doesn’t begin until July which impacts your monthly premiums for Medicare Part B which covers doctor visits and other outpatient service. 
  • There is often confusion about the special enrollment period.  If you are 65 or older, when you no longer are working and thus don’t have health insurance coverage, or when you no longer have insurance coverage through your spouse, you need to sign up for Medicare.  There is a special enrollment period that lets you sign up without being assessed a late enrollment penalty.  This special enrollment period is only available when you are no longer covered by job-based insurance or for eight months after you no longer have job-based insurance.  (Retiree health insurance of COBRA is not considered job-based coverage.) 
  • There is often a misunderstanding about insurance coverage when you are employed when you turn 65.  Some employers can designate Medicare as your primary health coverage when you turn 65 so you need to check with your human resources department or benefit department on this item.  Just because you are employed when turning 65 does not mean you should ignore Medicare enrollment.    You need to determine whether Medicare or your job-related insurance is primary.
  • Delaying your enrollment in Part B will cost you.  Your monthly Part B premium could be 10 percent higher if you don’t have job-based insurance. 
  • For every 12 months you delay in signing up for Part D (prescription drug costs), your premiums could be 1 percent higher.  If you have job-based prescription drug coverage but lose the same, you will have a two-month special enrollment period to sign up for Part D without a penalty. 

TO BE CONTINUED NEXT WEEK.

New Jersey recently enacted the right to die or assisted suicide legislation as the eighth jurisdiction in the U.S. to allow a fatally ill individual to make a decision to end their life. New Jersey joins Hawaii, Colorado, Oregon, Vermont, Washington and California.

The legislation is deemed to be a commitment to individual dignity, informed consent and the right of the individual to make their own health care decisions.  New Jersey affirms the right of a qualified terminally ill patient to obtain medication that the patient may choose to self-administer in order to bring about a humane and dignified death. 

The New Jersey Act – called “Aid in Dying for the Terminally Ill Act” will permit a New Jersey resident individual 18 years of age or older, who has the capacity to make health care decisions and to communicate them to a health care provider, who is in the terminal stage of an irreversible fatal illness, disease or condition with a prognoses based upon reasonable medical certainty of a life expectancy of six months or less as confirmed in writing by a consulting physician to be deemed to  have made an informed decision to request  and obtain a prescription for medication to end their life.  The medication is to be self-administered.

The request by the terminally ill individual must be done in a specific manner:  The individual must make two oral requests and one written request for the medication to their attending physician.  At least 15 days shall lapse between the initial oral request and the second oral request.  Upon the second request, the attending physician shall offer the patient an opportunity to rescind the request.  At least fifteen days must elapse between the initial oral request and the writing of a prescription. 

A health care agent is not authorized to request the prescription or to rescind the initial request. 

The medication must be administered by the patient. 

This decision is not to be made lightly.  Family members may object, religious beliefs may be considered.   Ultimately, the decision rests with the patient to end their pain and suffering.

You have the luxury of a cleaning person.  A neighborhood kid cuts your lawn or shovels your snow.  You have a great babysitter when you need one.  You have someone who runs errands for you.  It is so nice to have people you rely upon and who can help you out. 

But, wait!  Are these individuals considered household employees?  Are they hired by you to work in or around your home?  Are they working under your direction?  Are you able to control the work or services being provided?  If the answer is yes, then you are an employer and have an employee. 

So, what does that mean?  Well, you may need to address the issue of employment taxes. 

If a household compensated any one person in cash wages of $2,100 or more in 2018, household employment taxes must be paid by the employer.  There are some exceptions, such as family members or people under the age of 18, but certain restrictions do apply. 

The household is also responsible for withholding and paying Social Security and Medicare taxes.  There are also federal unemployment taxes if wages of $1,000 or more were earned in any calendar quarter of 2018. 

The “employees” must be eligible to work in the US.  The employer and the employee must complete and file an IRS Form I-9. The employer may need to secure an Employer Identification Number and issue documents at the beginning of each calendar year for the prior year.  You, as the employer, may need to file a tax return for having household employees.  Also, you should make certain that your homeowner’s insurance covers such individuals providing services to you. 

Now you begin to ask yourself if the services or work being provided to you is worth it.  Well, you can relax if your employees are hired through a business or agency.  There are many cleaning and lawn services available.  When you engage their services, you pay the company and the company pays the employees.  That relieves you of the responsibility to deal with the tax-related issues.  Yes, perhaps the charge for these services might be a little higher, but you don’t have the liability of having household employees.

We are in the midst of hurricane season and while most of us do not have to worry like some, the Internal Revenue Service reminds everyone to develop an emergency preparedness plan. Taxpayers, whether individuals, organizations or businesses, should take time now to create or update their emergency plans.

So, even though we may not be likely to experience a hurricane, there other disasters that could happen – fire, damage from the wind, etc.  What should you do to be prepared? 

  • Important original documents such as birth certificates, insurance policies, Wills, Trusts, passports, car titles, etc. should be kept in a fireproof, waterproof container in a secure space.  If you have a safe deposit box; great.  Otherwise, make certain that your storage is substantial.  Those little fireproof boxes may not withstand intense heat, so do your homework on their durability. 

  • Documents such as deeds are always good to have but as long as they have been filed at the Court House, you needn’t worry about them if they are lost. Copies can always be obtained. 

  • It is a good idea to make copies of your important papers, including income tax returns, and give a hard copy or an electronic copy to a trusted individual.

  • If your home was destroyed, how well would you remember EVERYTHING that is in it?  Take photographs or videos of the content which can help support claims for insurance purposes. 

  • The IRS publishes a Disaster Resource Guide for Individuals and Businesses which is available on their website. 

  • If there is a federally-declared disaster, the IRS has trained specialists to help with disaster-related issues.  If a taxpayer is impacted by a disaster outside of a federally declared disaster area whose records are located in a disaster area, they can receive assistance by contacting the IRS. 

Be prepared.  Should you be unfortunate to suffer a disaster loss, know that there are resources to help you through a difficult time.

Everyone wants to make the best return on their hard-earned money and many people shop around to find the best interest rate.  In our world today, we may find better rates at on-line banking sites than we can find in our brick and mortar banks.  BUYER BEWARE!

In working on an estate recently, the decedent had accumulated a nice nest egg.  He was diligent not to put more than the FDIC amount ($250,000) in any one banking institution.  In fact, he had a few accounts with on-line banks to earn a good interest rate.  The administration of the estate had progressed to a point of consolidating the accounts after receiving tax clearance and work toward the distribution of the assets.  All was going well until we attempted to collect the balance of an account that was based in California. 

When sending the request to close out the account, we received a response that we needed to file for an ancillary estate administration in California. (Of course they didn’t tell us this back when we communicated with them to notify them of the account owner’s passing.)  This was news to me as I have worked on many estates where the decedents had accounts in banks in other states but never have I encountered this requirement for a bank account. 

After much research and communications with the bank and a lengthy call with the Probate Department of Los Angeles County, I learned that it was, in fact, a requirement to raise an ancillary estate in California.  Normally this requirement exists only when there is real estate in a non-domiciled state.  We merely get an exemplified copy of the probate proceedings from the local Surrogate or Register of Wills, file it with the county in which the real estate is located and we are good to go. 

Well, sad to say, that is not the case in California.  In addition to the exemplified copy of the probate proceedings, there were several other forms required along with a fee of almost $500.  Once the papers are filed, within a month we will be advised of a hearing date (three to four months out) at which the executor must be present in person or by phone.  After the hearing, if there is no opposition, the court will sign an order to appoint the executor (being the same person who has been acting in New Jersey as executor).  Then, and only then, will the Probate Department – in about a month after the order is signed – issue the documentation needed to present to the banking institution to receive the funds and close out the account. 

Whew, what a process!  So now, we will be waiting for another six months before the beneficiaries can receive this asset. 

So, the BIG question is; was the higher interest rate worth this extra cost, delay and hassle? 

You made it through tax season and you start thinking about the accumulation of records that you have for tax purposes – what to keep, what to dispose of, what to do.  Here are a few tips to help you do some spring cleaning:

  • The IRS generally recommends that copies of tax returns and supporting documents be kept at least three years.
  • Employment tax records should be kept at least four years after the date the tax becomes due or paid, whichever is later.
  • If your return claims a loss from worthless securities or a bad debt deduction, the return should be kept for at least seven years.
  • If you keep tax records electronically, this information should be backed up and encrypted when possible. 
  • If you keep paper tax records, they should be kept in a secure location under lock and key.
  • All paper documents containing Social Security numbers, income amounts, bank account information, etc., should be shredded to avoid the information getting into the wrong hands. 
  • Old computers, back-up drives and media should utilize the special wiping software to ensure the removal of sensitive data.  Just deleting the stored files will not remove the information entirely.
  • Do you need to keep those old utility receipts and charge card records?  Not if you can access them electronically.  Utility receipts needn’t be kept if the new bill reflects payment of the prior month and a zero balance coming forward.  Free up some closet space by shredding these receipts. 
  • Paycheck stubs are becoming a thing of the past and may be available online.  If you still receive a paper paystub, once you get the W-2 for the year, you can shred the paper stubs.

If you still have questions about retaining records, more information is available on irs.gov at How long should I keep records? 

Happy spring cleaning.

Last week we started our check on our resolutions and we will wrap up our suggestions this week.

ARE YOUR HARD-EARNED ASSETS WORKING FOR YOU?  If you have a savings account or certificates of deposit, are you getting the best interest possible on these assets?  If you have a brokerage account, are your assets working to your best advantage?  When was the last time you spoke with your broker?  In today’s world, there are many discount brokerage firms, but if you have an account at one, you don’t receive the same advice as you would with a regular broker.  There isn’t anyone to guide you with where the best investments are, what investments will generate the most income, are less risky, etc.  If you have an IRA with a broker, it is a good idea to meet to discuss your goals to maximize the assets and meet the obligations of required minimum distributions.

ONLINE ASSETS – With each passing day, we rely more and more upon technology.  We shop, we do our banking, we perhaps do our taxes, socialize, follow favorite charities, sports teams, cultural postings, just to name a few – online.  We have computers, laptops, tablets, phones – all with the ability to handle our technological needs.   And along with this activity and array of devices, we have logins and passwords.  But, what happens if YOU are unable to access these devices or websites?  What is our exposure to fraudulent activity or identity theft?  You have heard it many times – change your passwords every six months, have strong passwords with a combination of letters, numbers and symbols, don’t share your passwords, be careful in what you access using public wi-fi and the list goes on.  Some simple suggestions – store your login and password information securely – either using a secure password inventory program or perhaps on paper stored in a secure location.

Also, remember that you may own digital assets and should provide for accessibility to these assets in your estate planning documents.  Failure to do so may present problems when you are no longer able to do so.  Talk to your estate planning attorney to ensure your documents address these assets.

ARE YOU COVERED?  We purchase a home and get insurance which coverage is adequate at the time.  We buy a car and purchase insurance based upon the day we purchase the car.  We buy life insurance that is adequate for us at the time purchased.  But, life happens – market values of real estate change, we add on to our home, our car ages and we may not need the same coverage as the day it was new, we have a baby, a spouse passes, we divorce – all of which can change our insurance needs.  We suggest that you discuss with your insurance carriers whether you are adequately protected for your individual situations.  Unless you are proactive in this regard, the coverage does not change automatically and you may be paying more in premiums than necessary or may be underinsured.

STUFF – I started this two-part blog with “stuff” and my final item is “stuff”.  I offer you a simple challenge – close your eyes and pick a room in your home.  Go around that room and list EVERY item that is in the room from floor to ceiling, inside every drawer, on every shelf.  When you think you are finished, open your eyes and go look in that room.  You will most likely be surprised to spot items you didn’t list.  We can’t remember everything, so my suggestion is to either take a video or still pictures of your home inventory and store the images in a secure location.  In the unfortunate event that you have a disaster, you will be able to retrieve these images to assist with insurance claims. You will have enough to deal with without having to remember each and every item in your home.

I hope that these recent blogs will help you to determine what areas you should address.  It’s the third week in January and I hope you are staying on track with your resolutions.  If not, I have just given you some new ones to consider.

 

For those of you that are 70-1/2 years of age and are fortunate to have a retirement type account, such as a traditional IRA, have you taken your RMD (required minimum distribution) for 2018?  If not, it is not too early to be thinking of doing so.

Often times the distributions are put off until December, and even the end of December.  Thinking that you must delay the distribution until the end of the year is not necessarily the best thinking.  Distributions can be taken at any time during the calendar year and needn’t be in a lump sum and are able to be spread out over the course of the year in periodic payments.  Why wait until the end of the year for the distribution when you could be making life easier with periodic payments.

Perhaps you look at the RMD as a way to fund a vacation or a large purchase or a home remodeling event and would rather receive a lump sum.  BUT, what happens if the RMD is not made for the year?  You or your financial advisor have a personal matter – family crisis, job crisis, medical crisis – arise and the RMD is overlooked.  Or, the request for the distribution is not processed in time because the financial institution is scrambling to fulfill all of the last minute distributions.  Well, first of all, you can be surcharged by the IRS for not taking the distribution.  The distribution is most likely taxable income and reportable for income tax purposes, but why pay a surcharge of 50 percent of the amount which should have been withdrawn.  That’s a pretty hefty amount.

I have seen many situations where a beneficiary dies unexpectedly before taking the RMD for the year.  While sorting out the estate matters, the calendar changes.  There could be a surcharged assessed so why take that chance?

Don’t wait until the halls are decked with holly to think about your RMD. Be thankful in the month of November for accumulating this asset and the benefits you are able to enjoy from it.

OK, the holiday shopping is done, so what is there to surf on the internet?  Have you ever checked out the IRS website?  I can hear you saying “How exciting!”  But, before you pass judgment on my suggestion, why not take a look at www.irs.gov ?  It just MIGHT have some information which may be helpful to you, such as:

  • Where’s My Refund. Taxpayers can check tax refund status 24/7. Updates daily.
  • Get Transcript. Access various transcript types online. Taxpayers may also ask the IRS to mail a Tax Return Transcript to them by requesting it online or by calling 800-908-9946. Allow 5 to 10 days for delivery.
  • Direct Pay. Make tax payments directly from a checking or savings account. People can view their account balance if taxes are owed.
  • Electronic Federal Tax Payment System. EFTPS is convenient and easy. Taxpayers and business can use it for various types of federal tax payments including estimated tax payments.
  • Online Payment Agreements. Eligible taxpayers can pay their taxes by easily setting up a monthly payment plan.
  • Answers to Tax Law Questions. The Interactive Tax Assistant takes people through a series of questions and provides the answers.
  • Forms, Instructions and Publications. Taxpayers can download and view popular tax forms, publications and instructions anytime. Increasingly popular eBooks are available as well as PDF and HTML versions. Accessible versions for people with disabilities and prior year forms are also available.
  • Where’s My Amended Return. Taxpayers can track the status of an amended return.

  HAPPY EXPLORING!

In 1984, Prince released what was arguably his penultimate album – the soundtrack to his semiautobiographical film, Purple Rain.  This classic filled compilation was ignited by its initial track, “Let’s Go Crazy”.  A phenomenal song with a phenomenal title.  Yet it appears it is regrettably the theme for his estate plan – or apparently lack thereof.

Prince Rogers Nelson (a/k/a Prince) died on April 21, 2016.  He was not married and his only child predeceased him as well as his parents.  He was survived by his sister, Tyka Nelson and five half-siblings.  His estate is apparently worth over $300 million……………………and HE DIED WITHOUT A WILL!

Per the laws of intestate administration for the State of Minnesota, Prince’s estate will be divided among all six siblings with the half siblings receiving the same share as the full sibling.  That’s the easy part.  Two incredible issues face the estate: (1) administration and (2) taxes.  Due to the size of the estate, it is inconceivable that a family member will be appointed to serve as administrator of the estate.  A corporate fiduciary will need to be appointed.  As no estate planning documents or directions apparently exist, the legal fees, fiduciary commissions and other administration expenses will be massive.

The tax bill will be unfathomable.  After a $1.6 million exemption, the State of Minnesota will be impose an estate tax at rates up to 16%.  On tap of that, after an exemption of $5,450,000, the government will assess a tax of 40%.  Without factoring the administration costs, the death taxes could approach $160 million.  Although those costs can be a deduction from the taxes, they are not at a dollar for dollar value.  Thus, it is conceivable that Prince’s heirs may see only 35%-40% of the value of his estate.

Certainly, virtually none of us have $300 million estates.  However, whatever the size of our estates may be, they need to be preserved by proper planning.  Whether or not we enjoyed Prince’s music, we certainly should agree to avoid following his example of failing to plan.  Our loved ones deserve better.

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