For many seniors the equity in their home is their largest asset, but it is unavailable for their needs unless they take out a home-equity loan – but that is money that must be paid back with interest.

Reverse mortgages have been touted as a risk-free way of tapping into home equity without creating monthly payments and without requiring the money to be paid back during a person’s lifetime. Instead of making payments to a lender, the cash flow is reversed and the homeowner, who must be aged 62 or older, receives payments from the bank.

Many seniors are finding they can use a reverse mortgage to pay off debt, buy a second home or just supplement their income – and seniors are still discovering new uses for another income stream. In fact, over the last five years the number of reverse mortgages nationwide has tripled.

But a reverse mortgage is not just for the wealthy, it may serve a purpose for the senior citizen who owns a home, but has limited income, as it can allow them to remain in the home by providing money for home modifications or even home health services that may not otherwise be covered.

It’s important to realize that there are drawbacks to reverse mortgages, as the fees can be pricey and, unlike a regular mortgage that pays down your debt, a reverse mortgage is actually building debt. If you plan on only taking out a small portion of money or plan on living in your home for only a short time, then the associated fees and costs can push the effective rate of the loan considerably higher. There are also scams and misinformation that can surround reverse mortgages, so it is important to do your homework.

It is also crucial to realize that in terms of estate planning, you are reducing the size of the estate that will be left to your heirs. You should also speak with your estate planning attorney to see if this income will impact any other aspects of your estate plan.

A reverse mortgage may be useful to some senior homeowners in specific circumstances, but it needs to fit within your estate plan, and you should speak with a trusted advisor before taking this on, as it not only impacts your future, but the future of your heirs as well.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

Creating a will is the cornerstone of estate planning, don’t underestimate the need for a valid, legal will. It is necessary, even if you have a living trust, to name an executor for your estate, to name a guardian for any children under the age of 18 and to distribute or ‘pour over’ any property not owned by a living trust.

The popularity of do it yourself will kits and forms has increased over the past decade, but there are four things that may be missing from this estate planning document that can make a big difference on how smoothly your estate is ‘settled.’

Successor Executors and Guardians

Naming an executor and a guardian is an important part of drafting a will, but what happens if your choices are unwilling, unable or even unavailable to serve in that capacity? Naming backups, or successors, is critical to keeping these choices within your control.

Bond Waivers

Many probate courts require the executor of an estate to post a bond to ensure the estate and its assets are protected and debts are paid. Without a will that explicitly waives the need for a probate bond, courts may mandate their purchase, meaning more time and expense for your executor and your estate.

Contingent Beneficiaries

Unfortunately, wills aren’t updated as often as they should be. Life changes, and your estate planning documents should change with it. A will should have ‘backup’ beneficiaries in case one or more of your named beneficiaries has since passed away.

Self Proving Affidavits

A will needs to be properly witnessed by at least two parties. A self proving affidavit is an attached document signed by a notary public that shows the will was properly signed and witnessed and that it is the will of the person who signed it. Many states accept these affidavits in lieu of actual witness testimony, and it avoids the time and expense of the executor having to track down the witnesses.

An estate planning attorney can help you create a will that not only has all of the aspects that help your loved ones get through the administration of your estate, but they can work with you on other estate planning tools that meet your needs.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

Life insurance can play a valuable role in estate planning, from providing cash to the trustee or executor to pay off debts and final expenses, to providing funds to pay off a mortgage or provide for college, or to replace an income for a surviving spouse and children. Sometimes it is even used to infuse cash into a business upon the untimely death of a partner, or in larger estates, to provide the liquidity needed settle up any estate tax liability without having to sell off any of estate’s assets.

However, when it comes to taxes, it is important to remember that with estate planning, we are often talking about two different kinds of taxes: income taxes and estate taxes. Life insurance is normally income-tax free to the beneficiary. (There are a few exceptions, particularly if the policy is used in business partnerships).

The key to remember is that while life insurance in most instances is income-tax free, it is still taxed under the federal estate tax rules, because the federal estate tax is a tax on the transfer of property. This transfer tax is assessed on the assets you leave to the next generation. Because of this, the proceeds of all the life insurance that you own or control is included in your taxable estate for purposes of calculating your estate taxes, even if the proceeds did not come into your estate.

There are, however, estate planning tools that can address the issue, such as an ILIT, an Irrevocable Life Insurance Trust, that may be used if an estate is facing a tax burden. Work with an estate planning attorney to determine the best tools to meet your specific needs, whether it is determining the role of life insurance in your estate, drafting a will or creating a trust.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

Estate planning shouldn’t wait until your later years – in fact, the sooner you begin making plans, the better – and here’s why…

Increasing Options

Planning for situations that can come up late in life, such as the need for long term care or Medicaid planning, allows you to plan and choose options, rather than forcing your family members to make tough choices based on availability and cost factors. When it comes to Medicaid planning, which is planning for the use of this need-based program to play for long term care, those who are not in immediate need may have the luxury of distributing or protecting their assets in advance, as Medicaid law limits benefits to those who meet strict asset and income restrictions.

In fact, Medicaid law allows a five year ‘look back’ period when they review your eligibility for this program. In other words, they review any gifts or sales that are made in the previous sixty months to make sure you are not giving away or selling your property to qualify for benefits. Any improper transfers during this time can result in a period of ineligibility for Medicaid benefits.

Lowering Costs

Some estate planning tools, such as life insurance, base a monthly rate on your age. When you purchase life insurance in your earlier years, your monthly cost will be lower than the rate of a policy purchased in your later years.

Peace of Mind

All too often in the news we hear of the tragedies that can tear families apart when it comes to end of life decisions. The Teri Schiavo case stands out in this respect, as a 7 year legal battle between Ms. Schiavo’s parents and spouse made national headlines when they disagreed on whether or not to remove the feeding tube keeping her alive.

By completing advance medical directives such as a living will or durable power of attorney, you are able to document your wishes and spare your family the heartbreaking decisions and conflict that can occur in these situations.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

Did you know that the laws of the state where real estate or tangible personal property is physically located will govern what happens to out of state property after you die? Most people assume the laws of the state where you live at the time of your death dictate the administration of your estate, but this is not the case. In fact, property located within another state is subjected to a secondary probate process called ancillary probate that takes place in that state.

Ancillary probate is the probate of property in a state other than the state where you live. If, at the time of your death, you own real estate or other property in your name alone, a probate will be necessary in each state where the property is owned and/or located. This is necessary to transfer the ownership of the property and clear the title, as well as advise creditors that may be located in the state.

One of the biggest drawbacks of ancillary probate is the added cost of having to administer more than one probate estate, including multiple court fees and accounting fees if the estate is extensive. Another drawback of ancillary probate can occur if a person dies without a valid Will. Because the intestacy laws, the laws which dictate the distribution of property for a deceased with no will, differ from state to state, it is possible that the heirs of an intestate estate could be different in the state of the primary probate proceeding versus the state of the ancillary probate proceeding.

The best way to minimize the impact of Probate is to work with an estate planning attorney. Spending money today to establish a valid Will, Trust, or other estate planning documents, as well as properly titling assets, can save your estate substantially when it is time for probate proceedings.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

Whether you are single, have children, own a home, are sending a child to college or retired — you buy insurance for peace of mind. It is a safety net for you and your loved ones, but life insurance is not only a safety net, it plays an important role in estate planning, and it is important to choose a policy that meets your specific needs. While an estate planning attorney can help you put together a comprehensive estate plan to include life insurance, it helps to know the basics so you can make an informed decision.

The simplest type is life insurance policy is term life. It provides coverage for a specific period of time, the term, which can be one year or more. For the lowest initial cost, annual renewable term life insurance usually fits the bill. Premiums are particularly low for young people, but they increase each year as you grow older. Level term life insurance policies, on the other hand, offer premiums that are guaranteed not to increase for a set period of time, such as 10, 20 or 30 years.

When is a life insurance policy not just a life insurance policy? When it also offers a method for savings, such as permanent life insurance. This type of life insurance is intended to remain in force for your entire life. Policies offer insurance coverage as well as the potential to accumulate cash value.

As you might expect, permanent life insurance premiums are more expensive than term premiums because some of the money is put into a savings program. The longer the policy has been in force, the higher the cash value, since more money has been paid in and the cash value has earned interest, dividends or both. If you buy a policy today, your first annual premium is likely to be much higher for a permanent life policy than for term.

The premiums for permanent life insurance policies normally stay the same over the years. That extra premium paid in the early years of the permanent policy gets invested and grows, minus the amount your agent takes as a sales commission. The gain is tax-deferred if the policy is cashed in during your life. When you die, the proceeds are usually tax-free to your beneficiary, but are normally included in the value of your estate.

Life insurance plays a critical role in estate planning, and it is important to have the policy coordinated to the other elements within your estate plan. An estate planning attorney can work with you to build a comprehensive estate plan that meets the specific needs of your family.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

Life insurance is a powerful estate planning tool. There are several roles it can play in easing the burden of your passing on your loved ones. While many consider life insurance to simply be an income replacement when a loved one passes, there are other ways it fits into an estate plan:

1. To pay expenses while an estate is in probate.

Since life insurance pays benefits to a named beneficiary, it avoids probate, and therefore the funds can be accessed more quickly than property that must be probated. Probate is the legal process that ‘settles’ an estate, and it can tie up property for months, but life insurance proceeds pass outside of this process.

2. To pay funeral costs, debt and estate administration costs.

Life insurance policies can be used to pay the costs of funerals, as well as probate fees and other debt of the deceased when an estate may have assets that are not liquid, such as real estate.

3. To create a life insurance trust.

An ILIT is an irrevocable life insurance trust, and it can be a powerful estate planning tool. An ILIT is a holding device that owns your life insurance policy for you, removing it from your estate. As its name suggests, the ILIT is irrevocable, which means once you have created this trust and funded it with an insurance policy, you may not take the policy back in your own name. But you can closely control many other aspects, such as naming the beneficiaries, the terms of the payment of benefits as well as choosing the trustee to manage the trust.

While a life insurance policy can have many advantages within an estate plan, it is important to work with an estate planning attorney to ensure that it properly coordinates to other aspects of your plan.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

Retirement and estate planning is so easy to put off, as both events seem so distant. But the best way to make sure you meet your goals is to begin planning early.

One tip we offer – instead of looking at your current financial situation and asking yourself how much you can afford to save, look at the process in reverse. Ask how much money you will need at retirement to support the standard of living you desire.

To do this, of course, you will need to think about how you would like to spend your retirement years. These plans are certainly not set in stone, and with both retirement and estate planning, needs change as life changes, and you can update plans to meet those changes.

Once you know what your retirement planning goals are, how much money will you need to finance them? If you know your ultimate savings goal, you can work back to determine your savings needs. This allows you to have more control over your retirement goals, rather than your current savings ability controlling how you spend your later years.

When you know how much money you will need for retirement, and how long you plan to work before you actually do retire, you will be better able to determine a plan of attack for saving for retirement.

An estate planning attorney can help you with many of the planning tasks for later years, such as creating a will, incapacitation planning, advance medical directives and more. By taking a holistic approach to the estate planning process, we make sure all aspects of your plan coordinate to meet your family’s needs.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

Many aspects of estate planning focus on reducing death taxes. One such tax is known as the generation skipping transfer (GST) tax. While many are familiar with the standard Federal estate taxes, the GST is an additional tax that is imposed on property left or gifted from a grandparent to a grandchild whether it is transferred as a gift, by will or by creating a Trust. The GST tax is also relevant if property is passed or gifted to any individual that is more than 37.5 years younger than the individual.

Like the estate tax, in 2010, this tax was technically repealed, meaning there were no generation skipping transfer taxes for this year, but in 2011 they will return with a vengeance, with only a $1,000,000 exemption beginning January 1, 2011. The tax rate is to be set at a hefty 55% for property exceeding the exemption amount.

The GST tax was originally approved to close an estate tax loophole. Normally, grandparents would bequeath their estates to their children, and incur estate taxes. Then the children would pass on the estates to their children, the grandchildren, incurring another set of estate taxes.

Then people realized they could skip a generation and leave their estates directly to their grandchildren and avoid one set of these estate taxes. Specifically, wealthier families were leaving property in trust funds for their grandchildren, and avoiding plenty of taxes while doing so. The GST tax was imposed to prevent this by taxing transfers to related individuals more than one generation away and to unrelated individuals more than 37.5 years younger.

With the changes in estate taxes and generation skipping transfer taxes that went into effect on January 1, 2011, now is the time for estate planning that can reduce estate taxes while meeting the goals of your family.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

Mention estate planning to anyone and most likely they will associate it with avoiding probate. Probate is the legal process of ‘settling’ the estate of a deceased person, and it can take months, even years, for more complex estates. In Colorado, the average estate spends 9-24 months in probate. There are actually three different types of probate proceedings in Colorado:

• A small estate proceeding for estates valued at under $50,000 that have no real property,
• An informal proceeding for uncontested estates, and
• A formal proceeding for contested estates and those with invalid or questionable wills.

So why would this process take a year or more? There are several tasks that take place during probate, and some of them require waiting times, legal notifications and property inventories. For example, in a typical probate proceeding, the following will take place:

• Opening a bank account for the estate so bills can be paid;
• Identifying the deceased’s creditors, locating them and notifying them of the death;
• Identifying heirs and beneficiaries, locating them and notifying them of the death;
• Identifying and inventorying the property that was owned by the deceased;
• Filing a final tax return for the estate and paying any estate taxes that may be owed;
• Paying off creditors;
• Distributing property to heirs according to the state law if there was no will or beneficiaries that are named within a will.

As you can see, these tasks will not only take time, but they are extremely detail oriented. There are a number of documents that must be filed with the probate court, many of which relate to the above tasks. The process is not horrible, but you must be patient. A probate attorney can help you through this process, as well as help you put together an estate plan that will allow your property to avoid probate if you would prefer.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.