No Kids? 5 Tips for Your Retirement

Many people build their retirement and estate plans around their children and grandchildren. Everything from where they live, to how they spend their time and money, to the legacy they want to leave behind is considered through the prism of their role as parents and grandparents. For those without kids and grandkids, a different formula may apply as these individuals may have more financial freedom and flexibility as they enter retirement and beyond. But they still need to be as vigilant — if not more — about planning for their later years.

Nurturing Your Financial Freedom

As we all get older, our needs in life change. That can happen in both large and small ways. But one thing we all need to consider is the journey of long-term financial planning. While that can seem like a huge task, by breaking it down into manageable steps, we can all work towards financial security in retirement. Here are some thought starters to consider.

Grief & Bereavement — Part VIII

In Sherry Turkle’s book, Reclaiming Conversation: The Power of Talk In A Digital Age, she writes about the process of the virtuous circle of communication by discussing the poet, Henry David Thoreau’s moving to Waldon Pond to live more deliberately. Thoreau furnished his cabin with three chairs. One chair to represent solitude, where he could self-reflect on matters most important for him. Two chairs to engage in conversation where he could express his thoughts to another.

Estate Planning 101

Estate Planning 101

The first step in the estate planning process is learning. What do you need to learn? I suggest this as your starting point: You need to discover how to stay in control of your stuff while you are able to be in control, as well as how to be sure that that your wishes will be carried out when incapacity or the grim reaper catch up with you. Sorry to rub it in, but at least one of those things is going to happen to you. Odds are that both of them will.

Pay Off Debt or Invest: A Balancing Act

If you find yourself with extra cash — either a lump sum or excess dollars from your monthly paycheck — you may be wondering what to do with it. If you have debt — such as a mortgage or student loans — the prudent option may be to pay off your balances. Yet it might make more sense to put the money to work in the form of investments that have the potential to generate greater returns than the interest rate on your debt.

Hiring Strangers as Caregivers

When Hiroko hired a healthcare agency to assist her in caring for her husband, she trusted that the company would provide her with caregivers who were responsible and professional. Unfortunately, this agency sent a “caregiver” who helped herself to Hiroko’s jewelry. This is only one of many cases of caregiver abuse handled by the Office of the Prosecuting Attorney, but it highlights the need for people to become aware of the risks involved when hiring a stranger as a caregiver.

Starting Your Estate Planning Journey

The first steps in your estate planning journey are learning 1) how to stay in control of your stuff while you are able to be in control and 2) how to make sure your wishes are carried out when incapacity or the grim reaper catch up with you. Sorry to rub it in, but there is a 100% probability that at least one of these things is going to happen to you and a 70% probability that both of them will.

Out-of-Pocket Healthcare Costs

The number of infants born in the US jumped significantly after World War II and continued to increase through the mid-1960s. Social scientists believe it was the result of the thousands of WWII veterans returning home to a booming economy and GI Bill benefits that provided access to home ownership, encouraging them to marry and start families. These infants born between 1946 and 1964 are known as baby boomers.

Grief & Bereavement — Part III

Facing one’s mortality is the unspoken uneasiness that rests just below the surface of the conversation with an estate planning attorney. Estate planning attorneys are well-versed in the law of estate planning. But as they focus heavily on probate avoidance and tax minimization, they may overlook the emotional, human side of estate planning. Therefore, the best estate planning attorneys are counselors of law with the emphasis on counselor more than law.

‘Spoil’ Your Grandchildren Wisely

Many grandparents spend money on their grandkids, whether by chipping in on big expenses like tuition bills and travel expenses, or covering smaller costs like meals and holiday gifts. The inclination to be generous is understandable and many seniors say it brings them joy to support (or even occasionally spoil) their grandchildren. But lavishing them with gifts shouldn’t come at the expense of your or grandparents own financial security.

How to Reduce Your Investment Risk

During times of market volatility like we’ve seen since the start of 2022, it’s natural to feel a bit skittish about the stock market. It’s a potent reminder that there are risks to stock ownership. Individual stocks are not guaranteed to grow and may lose value. The good news is that the stock market has historically delivered a higher rate of return than other forms of investment in the same timeframe.

Think Ahead About Future Health Costs

Thanks to ongoing advances in medical care, people are living longer than ever before. But that longevity comes with a cost. According to the US Department of Health and Human Services, roughly 70 percent of Americans over age 65 will require some type of long-term care services in their lives — costing potentially hundreds of thousands of dollars.

Trust Basics

A trust is created when a person transfers “stuff” to a trustee with the understanding that the trustee will manage it for the benefit of one or more beneficiaries. “Stuff” includes any kind of property you can own: real property, such as land and buildings (including timeshares) and personal property, such as bank accounts, stocks and bonds, and personal effects.

Grief & Bereavement — Part I

Grief is a natural response to the loss of someone special. The process of grieving allows the griever to adapt to a new world of existence without the loved one. If allowed to proceed through the grieving process with minimal guilt, anxiety, stress, unresolved issues and conflict, we can help each griever experience their grief fully and allow the griever to validate and honor the life of the deceased, and affirm and strengthen relationships with survivors.

Choosing a Dignified Death

A Provider Order regarding Life Sustaining Treatment (POLST) says what measures should be used to keep you alive in a medical emergency. It is different from an Advance Directive in that it will be followed by emergency personnel, provided that they are aware of its existence. If you don’t have a POLST, emergency medical technicians (EMTs) are required to do whatever they can to restore and stabilize your heartbeat and breathing and take you to an appropriate facility for treatment.

Protect Pets After You’re Gone

Growing up, my family always had a pet. From dogs to cats to frogs and even a chicken for a day, pets have always been a part of my life. Today, our pet family consists of three dogs, a guinea pig, a bunny and frogs. Our pets are not just animals but members of our family. And like our family members, we want to ensure that they are taken care of after we are gone.

Estate of Mind

Remember the classic Abbott and Costello comedy routine, “Who’s on First?” The longer they banter, the more their  frustration grows due to their seeming lack of understanding of the game they are discussing — and hilarity ensues.
Similarly, the language of estate planning can give rise to problems for the uninitiated, but the problems that arise may not be funny at all.

Navigating Your First Year in Retirement

Like most Americans, you’ve probably spent years working to achieve the retirement of your dreams. Then there comes a point when this career milestone changes from a distant goal to an imminent reality. You can make your first year away from work more rewarding and less stressful when you take the time to anticipate  potential challenges and prepare for how you will handle this important life change.

‘No Mom, I’m Not in Jail’

I recently received a telephone call from my mother. Given that I was in a meeting, I didn’t answer it, but instead let it go to voicemail. Almost immediately, the phone started buzzing again from her same number. Usually, my mom would just leave a message, so this second call was very unusual. I excused myself from the  meeting and answered the call. Mom immediately asked, “Scott, are you in jail?”

Navigating Today’s Housing Market

In many parts of the country, home prices have been soaring. According to the National Association of Realtors, the median existing-home price rose more than 17 percent in the one-year period ending in March 2021. This reflects just how competitive the market has become for homebuyers. If you are among those looking to purchase a new home, you should have a solid strategy in place before entering the market.

Define Your Legacy’s Intentions

According to the book, Preparing Heirs: Five Steps to a Successful Transition of Family Wealth and Values, “60 percent of transition failures were caused by a breakdown of communication and trust within the family unit.” With the aging demographic of baby boomers, the high cost of living in Hawai‘i and the increase in multigenerational homes, the potential influx in trust litigation is foreseeable.

Ingredients for Cooking Up a Scam

In the dozen-plus years I have specialized in prosecuting elder financial fraud cases at the Prosecutor’s Office, it has become pretty easy for me to spot and disassemble how the majority of scams work. Like how a master chef can taste a dish and tell you the ingredients he tastes, I can smell a “business opportunity” or a get rich quick scheme and identify the individual parts of it that will reveal it to be an actual scam.

Give While You Live

Making gifts to your loved ones during your lifetime will enable you to see how your beneficiaries handle newfound wealth. This could be a great way to “test drive” your estate plan and determine how well it works while you are still able to make adjustments. If one beneficiary turns out to be a poor steward of your wealth, you can always direct assets to other beneficiaries upon your death.

A Retirement Dress Rehearsal Can Ease Emotional & Financial Concerns

Two emotions are likely to strike those who are nearing retirement — excitement and fear. Leaving the world of alarm clocks and offices and having time to pursue your own passions on a daily basis is liberating — but the apprehension of entering a new life stage can easily creep in. Although work-related stress will disappear, the responsibility of filling each week in a satisfying way can be a challenge. Top that off with the ever-present concern about long-term financial security in retirement and the nerves can grow even greater.

A Recipe for Conflict

I have noticed a troubling emerging trend in estate planning. More families are owning property with different generations. This could be because real estate in Hawai‘i is expensive to purchase and even harder to maintain and keep. It is further exacerbated in situations where there are multiple children beneficiaries and/or where the parents need to leverage the equity in the home for their care, and are unable to access the equity due to a lack of income.

Your Estate Plan: What NOT to Do

Problems with your estate plan may not become apparent until it is too late to fix them. Here are some common pitfalls:
• Failing to plan for large expenses, such as long-term care. • Failing to update your estate plan, including beneficiary designations on bank accounts, investment accounts, retirement accounts and insurance policies. • Failing to take steps to avoid family strife. • Putting your kids on the title to your stuff during your lifetime.

Estate Planning: Start With ‘Why’

Trust beneficiaries are sometimes left to wonder why a decedent instructed that a trust distribution be made in a  particular way. The trust clearly identified who the beneficiaries were, what they were to receive and how they were to receive. But unfortunately, the trust was silent as to the “why” of the distribution — the underlying reason and purpose for creating the trust in the first place.

Elder Abuse Reporting Deadlines

Recently, I received a call from a woman who wanted to report that her father had been the victim of theft. The culprit was her niece, who had taken over $100,000 over a three-year period. The caller had the evidence and her father now wanted to hold the niece accountable for what she had done. However, the only problem was that the crime was outside the statute of limitations.

Rules for Adult Kids Returning Home

As the COVID-19 pandemic spread across the country, parents saw a wave of adult children move back home. Pew Research recently found that 52 percent of 18- to 29-year-olds now live in a parent’s house. Some children may have moved back simply due to safety during the virus response or because universities switched to e-learning. Others may have returned because of financial reasons.

What is a Trust?

A trust is created when a person transfers “stuff” to a trustee who will manage the stuff for the benefit of one or more beneficiaries. “Stuff” includes real property — such as land and buildings — and personal property — such as bank accounts, stocks and bonds, and personal effects. The person who transfers the stuff to the trustee is called the trustmaker.

Is Now a Good Time to Refinance?

Interest rates recently hit all-time lows as the Federal Reserve made cuts to mitigate the financial impacts of COVID-19. If you’re a homeowner with a monthly mortgage payment, you might be wondering if now is a good time to refinance. While a lower interest rate may yield a more affordable monthly payment, there are other factors to consider. Here are seven questions to ask yourself before making the decision to refinance…

Needs Planning During a Pandemic

I recently received a call from a concerned parent of an adult special needs child. Her son was recently diagnosed with schizophrenia, refuses to take his medication and has been living on the street. Unable to physically care for her child and experiencing a health scare of her own, she decided it was time to get “her ducks in order” and contacted our office. Her main wish is to continue to provide financially for her son’s present and future care without disrupting his governmental disability benefits.

Cybercrime Claims

One of the most common problem I encounter investigating a cybercrime is that the reporting person and/or victim fail to provide any records and/or documentation to support their claim that they had been victimized — more so in cases involving online fraud. One of the simplest and quickest methods of documentation is printing out the webpage offer, sale or service.

Hiring a Caregiver is Tricky

You may be tempted to treat a caregiver as a “private contractor” in order to avoid the humbug of tax withholding and buying the right insurance policies. You would do so at your peril. The IRS and the state will take the position that the caregiver is an  employee, that you are an employer and that all of the legal obligations that attach to those labels apply to your situation.

Timeshares Pt. 3: Scam or Investment?

As I indicated in the last issue, under Hawaii Revised Statute §514E-9, timeshare companies are required to give clients all information regarding the unit for purchase, including all the fees attributed to that unit that are due immediately and the “hidden” fees that require seemingly endless future payments — the monthly mortgage, property tax, maintenance fees and interest.

Now’s the Time: Charities Need Our Help

In these challenging economic times, many worthwhile charitable organizations find themselves in a precarious financial position. Meanwhile, they are experiencing unprecedented demand, especially those charities that provide basic needs like food and shelter. Thankfully, new, unique provisions in the tax code have been implemented in response to the COVID-19 crisis, creating more incentives for giving.

Donating with Care

Hawai‘i’s residences are often targeted by door-to-door solicitors asking for donations. Here in Hawai‘i, we are a generous people. We take pride in living the Aloha Spirit, but we must exercise caution as well. We must know the basic things about charitable giving in the event that anyone tries to take advantage of our good nature.

Crisis Communication

If a parent suddenly fell unconscious or required emergency medical attention, would you know what do? Would you know what paperwork, insurance cards and medical records to bring with you to the hospital? Once a medical crisis occurs, it’s too late to prepare for the large amount of information that is needed by doctors, hospital staff, family and relatives. The solution? A medical organizer.

Let the IRS Take a Bath for Change

Nobody likes to pay taxes, but most of us like to take baths. Unless the bath is the kind where money flows out of your pocket and down the drain. If you feel like paying taxes is a lot like seeing your money go down the drain, you will be glad to know about an exciting estate planning opportunity that can help make the IRS take a bath after your death instead of your loved ones.

Beware: It’s the Return of the Estate Tax

The good news is that the federal estate tax took a vacation in 2010. The bad news is that it spent the whole year lifting weights and taking steroids. The estate tax is coming back in 2011, as big and bad as it has been in a long time. Now is the time to review your estate plan and make changes that could drastically affect how much of your estate goes to your loved ones, and how much goes to the IRS.

Tis the Season for Holiday Scams

The holiday season is a happy time celebrated with food, family and friends. Unfortunately, it’s also a time for fraud at the hands of identity thieves, computer hackers and deceptive sellers. Hawai‘i’s Better Business Bureau (BBB) offers advice on how to recognize and avoid common holiday scams.

The Secret of Happy Holidays: Spending with Discretion

As we enter the third holiday season after the onset of the “Great Recession,” American consumers may be battling penny-pinching fatigue. We’ve scrimped. We’ve saved. When do we get to reward ourselves? Sure, it would be fun to celebrate the holidays with a big spending binge, but if there’s one lesson to be learned from the recession, it’s the importance of fiscal prudence.

Do You Really Want to be a Trustee?

You were named as successor Trustee of a trust created by a family member or friend, and that person just died. What now? Before you rush in, think about what awaits. Until you sign on the dotted line, the fact that you have been named as a trustee does not obligate you to accept that position. Decide carefully, because once you accept the job, you accept all that goes with it. It is a position of great honor, and it involves great responsibility.

Who Gets My Stuff?

You may have heard the old joke, “where there’s a will … I want to be in it.” That may be true, but is estate planning really all about “who gets my stuff?” Who gets your stuff is important, but when you sift through the reasons for doing estate planning, you may find that identifying who gets your stuff takes a distant back seat to far more important considerations.

Retirement: Yesterday, Today and Tomorrow

It’s safe to say that your retirement will bear little resemblance to that of your grandparents—and even your parents. The world has changed so much in the past 20 years that even the savviest prognosticators couldn’t have predicted all changes in society and technology that have transformed our daily lives. We now know there is no turning back from the life we’ve become accustomed to, but it begs the question: What’s next?

Sneaky Scams

Work-at-home and make $500 dollars a day, lose 30 lbs. in one week, and the secrets of becoming financially secure for the price of shipping and handling all “risk free.” Hawai‘i’s Better Business Bureau (BBB) warns against offers that claim a “risk free” trial but takes your payment information up front. Many consumers allege that after providing credit card or banking information that they are bombarded with fees and other charges before the free trial is over.