INSIGHTS

April 2024

IN THIS ISSUE



THE "SCAMMERS HALL OF SHAME"


PRESIDENTIAL TAX PROPOSALS


INHERITANCE INTERFERENCE


ARTICLES OF INTEREST

Some weeks ago, one winning Mega Millions lottery ticket was sold at a ShopRite in Neptune, NJ for an astounding $1.13 billion. Like most who dreamt about winning such a windfall, the question we ask ourselves is do I take a lump sum, or do I take an annuity payment? That is a fun exercise.


Now let us look at reality when the choice of a lump sum distribution vs. an annuity has to do with retirement. People with retirement pension plans must make that life changing financial decision. Both personal and financial factors should be considered when facing that decision.


To make this decision you need to consider the longevity risk. From an actuarial standpoint, the lump sum payout is equivalent to the monthly payouts, based on the average lifespans of retirees. A pension plan continues payouts until death, and it can also provide for survivor benefits (typically a spouse). 


Those who live a very long life end up on the better side of that actuarial curve with the monthly payouts. If you are single and have medical issues you may get more from the lump sum.

 

Even with a long life, it may be possible that properly invested, the lump sum would earn more money overall. Not all pension plans are indexed for inflation either, making inflation risk a serious concern when it comes to running out of money with monthly payments. Social security is adjusted for inflation each year, but the rest of a retirement portfolio needs to take inflation into account.


We know that there can be large expenses during retirement, especially when it comes to health. The debt from these expenses could eat away at retirement resources, but with a lump sum one might be able to cover those expenses right away. On the other hand, having access to all the money at once might encourage overspending in the beginning. Data from a Consumer Financial Protection Bureau (CFPB) May 2020 publication titled "Retirement Security and Financial Decision-Making: Research Brief" provides a cautionary tale as they find that:



"Among retirees with a pension, the analysis shows that those who chose a pension cash-out were less able to maintain the same spending level for five years after retiring than those who chose to receive their pension as a monthly payment (73 percent versus 56 percent)."


Are there tax implications to taking the lump sum payment? Yes. First and foremost, the money should be rolled into an IRA to maintain its tax-advantaged status. Otherwise, it could all become taxable, all in the same year bringing you into a higher tax bracket. When possible, the best way to do this is with a direct rollover from the plan provider to the new IRA plan provider. The sixty-day rule comes into play with rollovers, so realize that you do not have until the end of the tax year to move the money. Once the money is rolled over to an IRA plan you are subject to the required minimum rules. The IRS requires you to begin taking distributions from your IRA in the year you turn 73.


Should the money not be rolled over, there could also be a 10% penalty for an early withdrawal before age 591/2, and once it is moved over, it will fall under the same required minimum distribution rules as other IRAs.


Overall, when it comes to taking the lump sum payment it is not just a question of how many dollars will be received. It is also a question of addressing the enjoyment within retirement. Are you going to be more comfortable knowing that pension check is coming every month? Even if the business goes bankrupt, the pension benefits are safeguarded by the Pension Benefit Guaranty Corporation up to an annual maximum. Does the pension have cost of living adjustments, or will you need to reduce spending to offset inflation?


Managing the investment side of retirement money can be difficult for the average retiree. At Garden State Trust Company, we hope to make it a little easier by providing a consultation where we look at all the different assets you may have that would affect your retirement picture. We then ask questions to help you create a financial roadmap for your retirement and make sure to share our experiences helping retirees.


MONTHLY QUESTION & ANSWER

Q. I am a satisfied trust customer. Recently my brother-in-law asked me about who handles my investments, and I was unsure about whether you welcome referrals. I don’t know how much he has to invest -- would that matter? Do you want such cold referrals, or are they just a bother? Would you keep the details of my own trust confidential? 



A. We do welcome referrals from our existing clients. Don't worry about whether the brother-in-law would be a good fit for our services, that's part of our job.

 

Please feel free to tell your friends and relatives as much or as little about our service as you are comfortable with. We will tell them nothing. Every trust in our care is administered in complete confidentiality, only the trust creator and the trust beneficiaries ever learn the details. 


Thanks for thinking of us.



© 2024 M.A. Co. All rights reserved.



HAVE A QUESTION ON TRUSTS, WILLS, OR INVESTMENT MANAGEMENT?

CLICK HERE TO ASK YOUR OWN QUESTION

For general informational purposes only. This information does not constitute legal advice.

In one of this month's Of Interest articles, How To Choose Your Power Of Attorney When You're Remarried, choosing someone to be your Power of Attorney is not a decision to be taken lightly. If you've chosen someone to act as your POA but are still struggling with your decision because you lack confidence in his or her financial decision making or lack of financial acumen, I have a suggestion. You can give that person a General POA over your personal well being and you can establish a Revocable Standby Living Trust naming Garden State Trust Company as Trustee and giving us a Limited Financial POA with a SPECIFIC direction to move your financial assets to your Standby Living Trust in the event of your incapacity. The beauty of this is that you established your Trust when you had full capacity to make decisions and provide directions to your Trustee. Read about Revocable Living Trusts in another Of Interest article this month.


Hoping that all the April showers we recently experienced bring us an abundance of beautiful May flowers.


Sincerely,

Ira J. Brower, Founder

The "Scammers Hall of Shame"

The Federal Trade Commission has issued an alert for a new scam for stealing from vulnerable families, one which the agency believes should be in the Top Ten List of the Scammers Hall of Shame. The scammer impersonates a representative of the funeral home, and says that additional funds must be paid immediately or the funeral will be cancelled. "Can you imagine anything more despicable?" the FTC said in its announcement.


Obituaries typically include information about funeral arrangements, and that's where the thieves get their leads. The days before a funeral may be especially emotional, making it hard to respond with cool rationality to the telephone call or text demanding payment.


The FTC offers three tips, which are applicable to all internet scams.


Don't rush. Any honest business will give customers time to make a decision.


Call back. Contact the funeral home directly, using a phone number that they provided, not the phone number of the scammer.


Be suspicious of odd payment methods. When someone demands to be paid in gift cards, a wire transfer, or cryptocurrency, they are almost certainly attempting a scam. These payment methods are harder to trace, making it harder to bring criminals to justice.


April is Financial Literacy Month, and the FTC has published supporting information at https://consumer.ftc.gov/consumer-alerts/2024/03/financial-literacy-month-focus-money-matters.


(April 2024)

© 2024 M.A. Co. All rights reserved.

Presidential Tax Proposals

President Biden's budget proposal for the 2025 fiscal year includes many important tax changes. The budget provides the road map for the direction that the President wants to take in tax policy.


Lower taxes for some


  • Make permanent the expanded tax credits for health insurance that were first enacted in the American Rescue Plan and extended in the Inflation Reduction Act.
  • Expand the Child Tax Credit and making it fully refundable and available in advance monthly.
  • Expand the Earned Income Tax Credit to cover more workers without children.
  • Expand and enhance the Low-Income Housing Tax Credit, the largest federal incentive for affordable housing construction and rehabilitation.


Higher taxes for others


  • Implement a "Billionaire Minimum Tax" of 25% on the wealthiest taxpayers. The tax would apply to unrealized capital gains, as well as income as ordinarily understood.
  • Raise the tax rate on corporate stock buybacks from 1% to 4%, a 400% rate increase.
  • New rules for Grantor Retained Annuity trusts, including requiring a 10-year minimum term and a remainder interest equal to at least 25% of the contribution.
  • Payment of the income taxes of a grantor trust would be a taxable gift.
  • Disallow discounts for transfers within a family of business assets.
  • Limit the exclusion for Crummey power to $50,000 per year.
  • Limit the exclusion from the generation-skipping transfer tax.
  • Reduce the exclusion for like-kind exchanges. The exclusion has already been limited to real estate exchanges. Under the proposal, only $500,000 of gain ($1 million for a joint return) could be deferred.
  • Prevent "high income taxpayers" from converting a traditional IRA to a Roth IRA.
  • Increase top tax rates. The top income tax rate would be increased to 39.7%. For taxpayers with income over $1 million, qualified dividends and long-term capital gains would be taxed as ordinary income.


This is but a partial list of the many tax changes proposed in the budget. The fate of these proposals is unknown at this time.


(April 2024)

© 2024 M.A. Co. All rights reserved.

Inheritance Interference

Frank Gomez was engaged to Louise in the early 1950s, but he broke off the engagement when he was sent to fight in the Korean War. When he returned from Korea, Frank married another woman, Beverly. They had four children together.


In 1998 the Frank and Beverly Gomez Living Trust was created to manage the family assets. Beverly died in 2012. Frank and Louise then rekindled their love affair, which had been dormant for about 60 years, marrying in 2014. Frank's daughter Tammy was upset about the remarriage, as was his son Richard.


Frank had a stroke in 2015. He then began discussing making financial arrangements for Louise in the event of his death. First, he amended his living trust to give Louise a life estate in their home. The next step was the reformation of the trust to become the Frank and Louise Gomez Living Trust, giving Louise a life estate in all the trust assets. Frank discussed the new trust with his estate planning attorney while he was recovering in a nursing home from surgery, and Louise was present for that discussion. 


On August 19, 2016, Frank was sent home under hospice care. His lawyer had an appointment to meet with him the next day at home to sign the new trust documents. However, that morning Tammy and Richard showed up at the house. When Louise warned them that Frank had an appointment with his lawyer, and the children would have to give them some privacy, Tammy demanded that Frank not sign anything. To enforce her desire, when the lawyer arrived, Tammy and Richard barred his entrance to the home.


Frank died about 13 hours later, never having met with the lawyer.


Louise won her lawsuit against Tammy and Richard for the tort of intentional interference with an expected inheritance. The lower court also held that Tammy violated her fiduciary duty to her father when she deliberately prevented a meeting between him and his lawyer. The California appellate court later affirmed that judgment. 


The lesson for everyone should be: Don't wait for a health emergency to fix your estate plan -- you don't know how much time you have left. The lesson for children everywhere is that you must respect the wishes of your parents regarding their estate planning. Talking is good, interfering with seeing a lawyer is very bad.


(April 2024)

© 2024 M.A. Co. All rights reserved.

Articles of Interest

25 Stunning Photos Of The Most Colorful Places On Earth – DISCOVERER.com

Natural pink lakes, rainbow mountains and vibrantly-colored towns -- this planet is home to a striking kaleidoscope of colors. Read More



Forbes World’s Billionaires List -The Richest in 2024 – FORBES.com

A record year for ten-figure wealth has left the billionaire class bigger and richer than ever. Read More



The Golden Rules Of Retirement Travel - CNTRAVELER.com

A well-traveled crew of retirees share their savviest tips and tricks -- from travel days to avoid, to must-pack items. Read More



How To Choose Your Power Of Attorney When You’re Remarried – KIPLINGER.com

Should you appoint your new spouse or a child from your previous marriage? Read More



Revocable Living Trust - GARDENSTATETRUSTCOMPANY.com

Let’s unpack the name of this service. Read More

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Because of the rapidly changing nature of tax, legal or accounting rules and our reliance on outside sources, Garden State Trust Company makes no warranty or guarantee of the accuracy or reliability of information contained herein nor do we take responsibility for any decision made or action taken by you in reliance upon information provided here or at other sites to which we link. ©2024. All rights reserved.