Page 20 - The Jewish Voice - September '23
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Page 20, The Jewish Voice

      Lifestyles from page 19                              The content of this article is general and should not be relied      You might be surprised by the concern your children have
                                                        upon without review of your specific circumstances by competent   for your financial well-being. Consider these findings from
      Are You Single with a Minor                       legal counsel. Reliance on the information herein is at your   a 2023 study by Age Wave and Edward Jones:

                                                                                                             • 66 percent of millennials (generally defined as ranging
                                                        own risk, as it expresses no opinion by the firm on your specific
      Child? If So, You Need a Plan                     circumstances or legal needs. An attorney client relationship is   from 27 to 42) worry that their parents or in-laws may not
                                                                                                           have enough money to live comfortably in retirement.
                                                        not created through the information provided herein.
      Part 2 of 2                                          To comply with the U.S. Treasury regulations, we must      • 83 percent of millennials would rather know their parents
                                                        inform you that (i) any U.S. federal tax advice contained in   are financially secure in their retirement, even if it means their
      By Anné Desormier-                                this newsletter was not intended or written to be used, and   parents pass on less money to them.
      Cartwright, Esq.                                  cannot be used, by any person for the purpose of avoiding      If  you  have  children  in  this  age  range  or  older,
         Last  month  we  talked                        U.S. federal tax penalties that may be imposed on such person   or  who  soon  will  be,  how  can  you  address  their
      about nominating a guardian                       and (ii) each taxpayer should seek advice from their tax   concerns and potentially improve your financial outlook?
      for  your  minor  child  (for                     advisor based on the taxpayer’s particular circumstances.  Communication is the key. By openly communicating with
      the  care  and  custody  of                                                                          your family about your financial status, you can reduce
      your minor child) and why.                        Financial Focus           ®                        anxieties and misperceptions. If you’re in good financial
      This month we will address                                                                           shape, your adult children may be reassured that you won’t
      providing for the financial                       Retirees: Talk Finances with                       be needing their assistance. And if you are feeling some
      aspect  of  leaving  assets                       Your Grown Children                                financial pressures, you can inform your children of the
      to  your  minor  child.  By                                                                          steps you are taking to improve your situation.
      creating an estate plan, you                      By Sally Stima Stahl                                  One such step may be to reduce your cost of living —
      can address your minor child’s care and custody and provide      When you’re retired, you’ll         the less you spend day to day, the better your ability to
      instructions about how your money and property should be   likely have some financial                preserve your investment and retirement accounts. You
      used for their care should something happen to you. Note:   concerns — just like all retirees.       may be able to reduce costs in many small ways, such
      This article does not address the intricacies of homestead   However, if you’ve invested             as ending streaming services you no longer use, but you
      property in the state of Florida, which has unique issues.  regularly and followed a long-           could make an even bigger impact by downsizing your
      Rules for Your Child’s Inheritance                term financial strategy, you                       living arrangements. In fact, 72 percent of today’s retirees
      Who will be in charge?                            should be able to address most                     have  downsized  or  are  willing  to  downsize  to  reduce
         A minor child cannot handle their own financial affairs   issues that come your way. But          their housing costs, according to the Age Wave/Edward
      (unless they are emancipated); they need an adult. If you pass   there’s one important action        Jones survey. Downsizing isn’t for everyone but, if it’s a
      away without an estate plan, the other legal parent may be in   that’s sometimes overlooked by       possibility for you, it may be worth considering because
      charge of managing the money and property you have left   retirees: sharing their financial          the savings could be significant.
      to your child. If the other legal parent is unable to manage   situation with their grown children. And this knowledge can
      your child’s inheritance, then the court will have to appoint   benefit everyone in your family.     Lifestyles on page 21
      someone to serve as guardian over these assets. An estate
      plan allows you to name the person you want to control the
      only use state law and the people who appear in court to  Experience Dentistry with a Woman’s Touch
      money and property. Without an estate plan, the judge can

      determine who will manage the inheritance.
      When and how will your child receive their inheritance?
         If you do not have an estate plan, your child’s inheritance    Cosmetic & Comprehensive Restorative Dentistry
      will be managed for their benefit until they reach the age of
      majority, and then it will be given to them outright. Although         State of the Art & Same Day Restorations
      they will be a legal adult, they may not be prepared for a
      large influx of money and property. Also, you may have                 Nitrous Oxide/Oxygen Sedation Available
      certain things that you want the money to be used for.
      With a trust, you can draft instructions for exactly how you
      want the inheritance to be used. You can create a revocable     Joanne Green, D.D.S.
      trust or include these instructions in your will (known as a
      testamentary trust). The important distinction between these         10887 N. Military Trail, Suite 6
      two options is that a will has to be filed with the probate court,   Palm Beach Gardens, FL 33410
      and the proceedings will be public and overseen by a judge.
      A properly drafted and funded revocable trust, on the other   (561) 622-2815 • www.joannegreendds.com
      hand, can be managed without probate, and no documents
      need to be made public.                                         Medical College of Virginia School of Dentistry - Cum Laude
         There are many options available to you when crafting   Hospital of the University of Penn - General Practice Residency Training
      instructions for how your child’s inheritance should be                Harvard Dental School - Former Instructor
      managed and distributed. Your minor child can receive a         Boston Brigham and Women’s Dental Group - Staff Dentist
      percentage upon reaching a specific age (e.g., 50 percent at
      30 years old and the remainder at 50 years old). You can also
      structure your child’s trust as an incentive trust to allow the
      trustee to give your child money only after they meet certain
      goals (e.g., successfully completing postsecondary education,
      being sober for one year). Alternatively, you can leave the
      decision of how and when to give out the funds exclusively
      up to the trustee’s discretion. This is sometimes referred
      to as a discretionary trust. Because your child will not be
      guaranteed a specific amount of money or piece of property,
      the funds will be better protected from any future creditors
      or divorcing spouses that your child may have. However,
      when deciding to use a discretionary trust, it is important to
      choose your trustee wisely and provide clear guidelines for
      the trustee to consider.
         When considering who to select as the trustee of your
      minor child’s trust, you can choose a family member who
      knows your child and understands your wishes. If you do not
      have family that you would like to fill this role, you can look
      to your close friends. These people may already be a large
      part of your child’s life and may understand your wishes.
      Lastly, if you do not have someone who you would want to
      serve as a trustee, you can hire a professional trustee, though
      be aware that professional trustees charge for their services.
      While all trustees are entitled to compensation, a professional
      trustee may be more expensive and have set fees.
         Although  Florida  state  law  will  provide  your  child
      with a guardian, someone to manage their inheritance, and
      a distribution plan for their inheritance, this is the least
      desirable result. You have the power to design an estate plan
      that is unique to your child’s circumstances and allows you
      to choose the most trusted individuals to guide them if you
      are no longer able to. We would love the opportunity to help
      you create the best plan for you and your child or to update
      your existing plan. Call us to schedule an appointment.
         Call our office today at 561-694-7827, Elder & Estate
      Planning Attorneys PA, 480 Maplewood Drive, Suite 3,
      Jupiter, FL 33458.
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