Five Tips for Finding a Quality Home Care Provider

You and your family have decided that it is time to bring in outside help to assist with the care of a loved one in need. Because you want them to be able to remain safe, comfortable and independent in their own home for as long as possible, you have chosen to hire an in-home caregiver or home healthcare agency. The next step is choosing the best care provider for you and your loved one. But how do you know who the best is?

Here are five tips for finding a quality home care provider:

1. Get recommendations. Talk to trusted professionals and community members. Your parent’s doctor, financial advisor, attorney, other medical providers, friends or family members may have familiarity and experience with local companies that do a good job. A list of providers is also available from your local Area Agency on Aging or hospital social work department. However, it is rare for these resources to make specific recommendations.

2. Know your liability. Understand the possible liabilities and ramifications involved when hiring a caregiver privately. Consider issues such as taxes, insurance, liability and worker’s compensation, backup coverage, background checks/oversight and training. If hiring through a nurse registry or employment agency, the family may end up being the official employer, responsible for pay, taxes and other obligations. On the other end of the spectrum, fully licensed private duty home health agencies offer more comprehensive services and protections as employers of the caregivers.

3. Consider innovation. Research how current their monitoring and communications technology is. How easy is it to monitor the care your loved one is receiving? Can you speak to the caregiver or management at any time?

4. Get to know who you’re hiring. When talking with an agency, get a feel for their process. Will they allow you and your loved one to interview potential caregivers? How do they handle replacing a caregiver that is not a good fit? What steps do they take to ensure coverage and accountability? How do they supervise, train and support staff? Do they strive for continuity or will your loved one have different staff each time? How many caregivers will cover the shifts your loved one requires? While regulations standardize licensed home care agencies to a degree, these are the things that will set one agency apart from another.

5. Research involvement. Seek out providers who have a history in the community and the industry. Check if providers are involved with local and national associations such as the Alzheimer’s Association, the Area Agency on Aging and the National Private Duty Association. Their involvement demonstrates passion and dedication for their field. Management staff that has a history in the community and the profession demonstrates a commitment, stability and a positive reputation that they would want to protect.

With many years of advocating for the rights of seniors and their families in Pinellas County Florida, EasyLiving, Inc., a fully licensed, private duty home healthcare company, has dedicated its company to offering clients more personalized service, flexible scheduling and reliable, expert caregivers. EasyLiving caregivers undergo an extensive interview process to ensure that they maintain fully qualified and licensed team members. Every caregiver has completed a criminal background check and drug screening, and are insured, bonded and covered under worker’s compensation to ensure that our clients receive the highest quality service from trustworthy, experienced professionals. EasyLiving provides paid training as well as all continuing education requirements to its caregivers annually, enabling them to improve their expertise and service. For more information, visit EasyLivingFl.com.

About the authors: Alex Chamberlain is executive director at EasyLiving, Inc., a fully licensed, private duty home health care company serving individuals and families in Pinellas and Pasco counties in Florida. With a strong background of academic and practical experience in sales, marketing, administration and leadership, Alex handles overall company operations, strategic planning and overseeing staff. He serves on the boards of a number of local non-profit organizations and was named a 2009 Tampa Bay Business Journal “Up and Comer.”

Shannon Martin, M.S.W., CMC, has served as director of community relations at Aging Wisely, LLC, a comprehensive care management and consultation company in Clearwater, Fla, over 8 years. Shannon provides marketing and public relations support to EasyLiving, Inc. Prior to Aging Wisely, Shannon served as social services director and admissions coordinator in an assisted living/skilled nursing facility and worked as a social worker and volunteer coordinator for a large hospice in Atlanta, Ga.

For additional information on EasyLiving, Inc. contact Shannon or Alex at 727-448-0900 or Admin@easylivingfl.com.

10 Most Common Questions Families Ask About Estate Planning, Wills, and Trusts

1. What is a Will?
A Will is signed writing in which a person (often referred to as the “testator”) directs what is to be done with his or her property after death. Each state has its own very specific laws as to what is necessary for a Will to be valid in that state.

2. Who Can Create a Will?
Any mentally competent person who is at least 18 years old may make a Will. However, later proof of any fraud, duress, or undue influence by another person or the testator may cause the Will to be invalid.

3. Who Should Have a Will…and Why?
Every mentally competent adult should have a Will. Here are a few of the reasons:
• You can direct how you want your property divided at your death.
• You can name the person you want to handle you estate (called the “executor” or “personal representative”).
• You can reduce the expenses of administering your estate.
• You can save taxes.
• You can nominate a guardian for your minor children.
• You may provide for a trust for the support and education of your children without the necessity of costly court proceedings.

4. Does a Will Need to Be Witnessed? Does a Will Need to Be Notarized?
Generally, most states require that the signing of a Will must be witnessed by two competent persons, who also must sign the Will in front of the testator. (An exception to the witness requirement is made if the testator writes out the entire Will in his or her own handwriting, and signs and dates it.)

Although the law does not require a Will to be notarized, it is a highly recommended practice, followed by most lawyers. If the testator’s and witnesses’ signatures have been notarized, the will is presumed to be properly executed and is accepted by the court without testimony from the witness.

5. How Long is Will Valid?
More Than 70% of Americans Die Without Leaving Behind a Will
Your Will is valid until you revoke it generally either by physical destruction (tearing or burning it up, for example) or by signing a superseding Will or written revocation. However, if you get divorced after signing
a Will, the law may consider the Will partially revoked. Also, if you are married, your spouse may have rights in your estate regardless of what is provided in your Will.

6. Can a Will Be Changed?
Your Will does not take effect until you die; therefore, it can be changed at any time during your life as long as you are mentally competent. Traditionally, Wills were changed by an amending instrument called a “codicil,” but with the development of modern word processing technology, it is usually better and just as easy to sign an entirely new Will when you wish to make changes.

7. What Happens If You Don’t Have a Will?
If you don’t have a Will, a state statute directs who receives you property, regardless of your wishes. For example, in my home state of Virginia, if you are married, your estate generally passes entirely to your surviving spouse; however, if you have children who are not also the children of your spouse, your children divided two-third of your estate, and your spouse takes the other one-third.

8. Is Joint Ownership a Good Substitute For a Will?
In most cases, joint ownership is not an acceptable substitute for a Will. Contrary to popular belief, joint ownership of assets between husband and wife often results in excessive estate takes. Joint ownership between parent and child may foster disputes between family members and cause unexpected and unnecessary gift taxes.

9. Is a Trust (Also referred to as a Revocable Living Trust) a Substitute for a Will?
A properly funded Revocable (“Living”) Trust can be a valuable and important part of the estate plan for many people, but it does not eliminate the need for a Will. If you have a Living Trust, you will still need a Will to dispose of those assets that have not or cannot be placed into the Trust.

As useful as they are, Living Trusts are not appropriate for everyone. Only your lawyer can tell you if you should consider one, and only you lawyer should prepare it.

10. Who Should Draft Your Will?
A person who drafts a Will must be familiar with the law in order to avoid the many pitfalls and to comply with the formalities necessary to assure the Will’s validity. Only a practicing lawyer is professionally qualified to give you advice regarding your Will, to prepare your Will, and to supervise it’s signing.

A Few More Practical Suggestions:

More Than 70% of Americans Die Without Leaving Behind a Will
Planning your financial affairs, and coordinating this with your estate plan, is a very personal and individual matter. You should decide for yourself the general purpose you wish to accomplish, and then consult with a
seasoned estate planning attorney, financial advisor, and CPA if you want to have a coordinated and comprehensive plan, which integrates and accomplishes all of your financial goals and objectives.

Four practical steps to save time and help assure a sound result:

1. Inventory you assets. List in reasonable detail all of your property, real and personal, life insurance policies, and retirement plans, with your best assessment of their values.

2. Inventory your liabilities. List all debts and obligations, including principal amounts, payees, and essential terms.

3. List your family members and any other persons whom you wish to participate in your estate. Decide who might be an appropriate executor, trustee, or guardian for your minor children.

4. Decide what you want to accomplish. Determine what your objectives are, and to whom you wish your assets distributed.

Getting Started is Easy:

It just takes five easy steps, where your only cost will be your time:

Step One: Spend some time with your existing financial advisor, or an experienced financial advisor in your local area, so you can review the basic details your “big picture financial plan” together

Step Two: Your financial advisor will review this information and help you assess confirm exactly what your estate planning needs and preferences are

Step Three: Once your financial advisor reviews your overall estate planning needs, they can help you understand exactly how Wills and Trusts work, as well as which one they feel fits your situation best

Step Four: After you are fully comfortable and confident with their recommendation, you can consult with a seasoned estate planning attorney who can help you properly draft these documents and details

Step Five: Arguably the most important step, and often overlooked, is making sure that your estate planning attorney, financial advisor, and CPA are all working together to ensure all of your estate plans and preferences are coordinated and working properly with your “big picture financial plan”.

Who will soon be passing through Roanoke VA on his
500 Mile walk of faith through the Shenandoah Valley.

Congressman Bob Goodlatte (R – VA) recently invited Pastor Jay to stop by his office in Roanoke, VA to offer his support by talking about their issues they both support when it comes to the Judeo Christian Values and God and Country.

Please know this is very big National News, and key issues they are getting together to talk about. So I hope you can forward this story to your friends and any media contacts you might have…so they too can learn and follow this story.

Below is the link to the Press Release on the website. I also strongly suggest you watch the brief video on the HOME page of this site, which is the best way to understand the story behind this 500 mile walk.

http://www.faithforournation.com/congressman-bob-goodlatte-meeting/

Coping with Grief While Going Back to College

Most people who begin their grief journey want straight facts. They want to know such things as what to expect, how long will the grief last, etc. College students are no exception. However, college students are in a unique niche of No- Longer-a-Teenager but not quite considered an adult as they are not melded into the working world.  Should you need it, here are some quick tips to print off and give to a grieving college student.

1. Most people grieve anywhere from three to seven years. The average grief cycle lasts around three years. Some people say that the second year of grief is harder than the first year of grief, but this is not always the case.

2. You may find yourself crying on and off for the next three years. Don’t try to fight the tears, rather let them flow. Tears are your body’s way of helping you cope with grief. Tears actually release chemicals into your system that help you feel better.

3. Even if you don’t feel like it, try to eat three meals a day. They don’t have to be huge and they should be “healthy for you” food. Try to limit the amount of sugar and empty calories you take into your body. Grieving is probably the hardest job you will every do. It is demanding physically, mentally and emotionally. Because of this high demand, your body needs energy that comes from solid healthy food. Cut out the caffeine if possible, limit the amount of alcohol you take into your system and drink as much water as you can get down a day. Think of this as if you were training for a really big physical event. (Like the Olympics!)

4. Talk, talk and talk some more. Typically, you are going to find that people want to talk to you and listen to you for the first few weeks and months. Then most people don’t know what to say, or don’t want to listen anymore–all for a host of reasons. You probably will get to the point where people ask you how you are doing and you will say” I am fine”. Try to find people to talk to about your loss who are willing to listen. Talking does you a world of good.  Journaling is also a great tool. One of the services offered at Beyond Indigo contains a private journal no one can access except you.

5. Be aware that you will have to be the one educating people on how to help you while you are grieving. This is ironic since you are the one that needs the support, not the other way around but, nevertheless, this tends to be a fact in our society. We are not socialized to talk about death. We are socialized to talk about boyfriends, our future children, weddings, etc. but not death. Therefore, people have no clue what to say. They mean well and are trying, but they may say the things that are not helpful to you. It is okay to say something like, “Listen, I know you mean well and are trying to help, but telling me my father is in heaven doesn’t make me feel better. What makes me feel better is______.  (fill in the blank with how you feel, or what you would like to hear.)

6. Taking care of you during school will be a big task. Your life now is very different. You know this, however, other people may not. They may not understand how your world has changed dramatically. Focusing on schoolwork might be more difficult. Make sure to give yourself permission to change your study habits if you need to. It is okay if you don’t socialize like you did before. Figure out what little things help you during the day, such as a soothing bath at night, or listening to special music. Make sure to tell your professors of your loss. Especially be aware that you might need to explain to them that you might have trouble concentrating. There might be some arrangement that you can make to take tests on a different day if the scheduled day of testing proves to be too emotionally difficult for you. Teachers will understand if you tell them ahead of time.

7. It never hurts to find a therapist on campus or in town who can be there to help monitor you through this time. You’ll need a therapist who will listen and give you ideas to put in your “tool box” to help you communicate with peers, to help you adjust to your family’s new roles with your loved one gone and to help you get through this year of school. Though you may feel you want a therapist that just listens and says, “Right, okay then, we will see you next week”, in the long run this will not be quite as helpful as a therapist that help you develop communication skills and action plans. If you go to a therapist and find that you do not “bond” with him/her or feel comfortable in his/her presence it is totally legit to terminate your sessions and seek another therapist that will feel like a comfortable “fit”.

8. If you are not sleeping at night you need to go see the doctor on campus or in town to help you sleep. Sleep is hugely important to keep up your strength.

Remember to take care of “you” first and then school and everything else will become easier to manage. Good luck on your new learning experience!

Are you looking for others with whom you can relate? Visit the Beyond Indigo forums to connect with others who are on their grief journeys.

© 2010 Kelasan, Inc.

The Purpose of a Grief Coach

When a family or individual is grieving and have important decisions to make under much duress, they often need a large degree of emotional support.  A Grief Recovery Specialist and Life Coach can help.

Here are Five Ways a Grief Coach Can Help:

• Grief Coaching can offer the support a family or individual needs to get through a sorrowful time.




• A coach can help families develop a short term, “What’s next”, plan for their lives.




• A coach can help families establish new or revised long term life goals pertaining to work, school, relationships, hobbies and general wellness.




• A coach can provide families with hope, motivation and direction to take control of their lives in the new role that they inherited as a result of their loss.




• A coach is someone who listens – Sometimes that is what is most needed in a time of sorrow and confusion.

Coaching is one of the fastest growing trends in self improvement, wellness and life in general.

For more information about Grief Coaching, visit Next Stage Coaching.

FuneralResources.com Selects Entrustet.com as a
Preferred Provider for Digital Estate Planning

FuneralResources.com, the nation’s leading family-focused online Resource Center for funeral planning and preplanning, announced today they will be selecting Entrustet as a Preferred Provider for their Digital Estate Planning services.

Entrustet’s Account Guardian is a free service that allows consumers to securely list all of their digital assets. Digital assets include any accounts which are currently being accessed through the Internet, as well as computer files.  By storing this digital information in a safe and secure place such as what Entrustet offers, this provides people and families with the option of transferring or deleting this information in the event someone passes.

To find our more information about this partnership, simply visit FuneralResources.com and click on their “Funeral Technology” tab, and then click on the drop-down link entitled “Digital Estate Planning Services”.

Hill points out that; “Today, when a family or Funeral Director visits FuneralResources.com, our Resource Center is filled with helpful articles, brief educational videos, grief counseling and support, common  funeral planning merchandise and services, as well as just about every new and innovative funeral technology tool, such as Entrustet.”

Hill’s goal with FuneralResources.com is to help raise awareness about any helpful tools that can help make such a difficult situation a little easier.  Another goal is to provide quick and easy access to resources such as articles, free How-To Guides, and the constantly evolving and growing number of useful tools and technologies that most families and Funeral Directors are commonly searching for.  Given the growth of the Internet, Social Networking, and more, having a place to store your Digital Estate Planning Assets will inevitably continue to grow, becoming a larger part of Wills, Trusts, and Estate Planning process in the years ahead.

About Entrustet: Entrustet is a free online service that allows you to securely list all of your digital assets, which are online accounts and files on your computer, and decide if you’d like them transferred to heirs or deleted when you pass away. Through its free Account Guardian service, individuals protect their digital assets by deleting them or designating heirs to oversee their personal information after their death. Users can also choose to delete private files and accounts by using the Account Incinerator. Other services include the Lawyer Directory for lawyer referrals and the Corporate Partner Program in which companies can protect their users’ last wishes.

For additional information, please contact Christopher P. Hill at (703) 917-8501, or info@funeralresources.com.

Eternal Reefs Adds New Memorial Reef Site

New cremation memorial reef to be located in Galveston, Texas.

The new Texas location makes the twentieth approved site for the company to offer an eco-friendly alternative to spreading the ashes of a loved one:  participation in the preparation and placement of an individually-designed memorial reef ball that contributes to a new ecosystem.

An Eternal Reefs “memorial reef” looks like a huge, hollow concrete ball with Swiss cheese holes specially designed to entice fish and other forms of sea life into the reef, building new habitats in and around the uneven structure.  Eternal Reefs takes cremated remains and incorporates them into an environmentally safe cast cement mixture weighing between 600 pounds (2’ high x 4’ wide) and 4500 pounds (4’ high x 6’ wide).

Eternal Reefs encourages family members and friends to become involved in creating their loved one’s memorial reef. If they wish, family members can mix the concrete and remains and have the opportunity to personalize the Eternal Reef with handprints, written messages and other memorabilia in the damp concrete. The entire Eternal Reefs process is designed to be a positive and healing experience for the families and the sea.

“While many people who participate in our programs have been vitally connected to the ocean their entire life, we get to memorialize people who just like the idea of making a meaningful contribution to the health of the planet and to benefit future generations,” George Frankel, Eternal Reefs CEO, said.  “We find it provides great joy for everyone involved to know their loved one will be surrounded by marine life and to know they leave behind an environmentally-sustainable, living legacy.”

Memorial reefs have become a solution for the “shelf people” crisis across the country.  An astonishing 45 percent of families that have chosen cremation still have their loved ones remains sitting on a shelf or in a closet.  Thousands of individuals pass away unexpectedly and don’t leave a will, leaving the next generation to handle their remains.  Eternal Reefs offers a final resting place for these individuals.

With every Memorial Reef, the executor of the estate receives two memorial certificates that identify the longitude and latitude of the memorials, which are marked with bronze plaques.  Loved ones can participate in every step of the Memorial Reef process and gather for the reef casting, viewing and placement ceremonies.  Throughout the year, families and friends often return to the memorial reef site to dive, fish or visit by boat.

The new reef site off Galveston, Texas will have its first memorial service and placement November 12, 2010 at Barr’s Reef, 11 miles off the water break in Galveston Bay.   It is anticipated the families of about 15 people will participate in the activities.

About Eternal Reefs Inc.
Eternal Reefs, Inc is an Atlanta-based company that provides creative environmentally enhancing means to memorialize the cremated remains of a loved one. The company incorporates cremated remains into a concrete mixture used to cast artificial reef formations. The artificial reefs are dedicated as permanent memorials while also bolstering natural coastal reef formations. Since 1998, the company has placed more than 300 Memorial Reefs in 20 locations off the coasts of Florida, South Carolina, North Carolina, Maryland, New Jersey, Texas and Virginia, substantially increasing the ocean’s diminishing reef systems.  Memorial reefs can only go in properly permitted locations by the US Government.  Contact Eternal Reefs Inc.

Preplanning for Funeral Costs

The final expense cost of regular adult funeral including basic items, can be significant. To give you a quick overview of the costs, we’ve developed a quick chart.  Keep in mind, these basic items do not include cemetery costs, cemetery monument or grave marker costs or any other miscellaneous charges such as for flowers or obituaries.

$1,595             Non-declinable basic services fee

$  233              Removal/transfer of remains to funeral home

$  550              Embalming

$  203              Other preparation of the body

$  406              Use of facilities/staff for viewing

$  463              Use of facilities/staff for funeral ceremony

$  251              Use of a hearse

$  120              Use of a service car/van

$  119              Basic memorial printed package

$2,255             Metal Casket

$1,128             Vault

Total Cost  $7,323

For  more information about specific Final Expense Costs or strategies to Prepaying Funeral Expenses and Funeral Planning, you’ll find a wealth of information throughout our website, FuneralResources.com.

Helping Grieving Family – Not Expensive

An inexpensive, yet valuable offering to help a family while they are grieving is the ability to truly listen. You might say, “I know that!”  Listening can actually be harder to do than it sounds. We are living in a society today where we are conditioned to the 10-second sound bite. We focus for a moment, then turn our attention elsewhere.

People who have experienced a loss often say that no one will listen to them. They do not feel heard. Quickly they learn to say “I’m fine” because “I’m fine” doesn’t make the listener uncomfortable. Grieving people want to tell their story. They need to be heard, they need grief support.

How does one become an effective listener?

Silence: Be okay with silence. Don’t be in a rush to fill in the empty spaces while people are giving you their story. Just be patient and listen.

Wait: It is often tempting when people are struggling to assimilate new information to give too much advice too quickly. Allow some space between advice/information giving to provide the family member a chance to voice their desires and needs.

Focus on the individual: In today’s world we are constantly being bombarded with stimulation that can result in overload. You might have to consciously remind yourself to put down the pen, fold your hands on your lap, use direct eye contact and relax.

Use key words: Let the family member know they are heard by saying, “I hear you”, or “What I hear you saying is…”, or “How hard it must be…” or even ask them, “Do you feel like you have been heard?”

Body language: A grieving person may not be aware consciously of your body language but it is conveyed nonetheless. Sitting with your arms crossed, leaning far back in your chair, or having your desk or a large table between you and the family member could convey the message that there is distance between you. That can be interpreted that you are not being an effective listener.

Perception: Since the bereaved are extra sensitive they often can tell if you are actively engaged in listening to them or if you are just being “nice” and trying to get them out the door.  Perhaps many times in your career when dealing with grieving families you have had to check your frame of mind to see if you are in a receiving mode or just trying to be polite. Continue to monitor yourself. It will be worth it.

The simple act of listening to a grieving family member brings much comfort. One last thing you can do is make sure to give them your list of local resources that are specifically geared to listening to grieving individuals such as local therapists offering grief counseling, grief support groups, or grief message boards on the internet.

Are you looking for others with whom you can relate? Visit the Beyond Indigo forums to connect with others who are on their grief journeys.

© 2010 Kelasan, Inc.

Sometimes NOT Having A Tax Can Actually Create A Problem for Taxpayers:

Insurance Trusts and Generation Skipping Taxes in 2010

No Generation Skipping Taxes.

Since January and through the end of December of 2010, there is no Generation Skipping Transfer (GST) Tax, unless Congress changes the law in the meantime. The GST tax was part of the temporary repeal for one year of the estate tax, which automatically expires at the end of 2010. Starting January 1, 2011, the estate tax and the GST tax come back in full fury with up to a 55% rate of tax. Your estate can suffer both an estate tax and a GST tax at 55% each.

Insurance Trusts.

Trusts which own life insurance are one of the most efficient ways to avoid estate and GST taxes. Over the lifetime of the life insurance policy, the taxpayer may pay $300,000 in premiums, but the taxpayer’s heirs receive $1,000,000 of the death benefit of the life insurance tax free if the insurance is owned by an Irrevocable Life Insurance Trust. If the taxpayer still owns or controls the life insurance (not owned by an independent trust), then the taxpayer may have to pay estate and GST taxes at rates up to 55% on the $1,000,000 in 2011 and thereafter. People are often confused by this because there is no capital gain tax on the difference between the $300,000 paid for the policy and the $1,000,000 death benefit to the heirs. But, there is an estate tax on life insurance proceeds you own which is not in a trust even though there is no capital gains tax on the “profit”.

Creating the Insurance Trust.

Fred creates a life insurance trust, transfers the initial premium payments to the trustee of the trust (his CPA) and the CPA as trustee purchases the life insurance policy on behalf of the trust. The result is that when Fred dies, the $1,000,000 death benefit is available to Fred’s heirs with no estate taxes. If the life insurance trust creates lifetime trusts for Fred’s two children, Ellen and Paul, then Ellen and Paul split the $1,000,000 in their lifetime trusts and Ellen and Paul pay no estate taxes in their estates on the life insurance proceeds. Fred loves his grandchildren and sets up this life insurance trust to say that when Ellen and Paul die, then the grandchildren can also receive the remaining money in the insurance trust without any estate taxes. This can go on for generations and create a “Dynasty Trust”.

Annual Gifts of Premiums.

Each year Fred sends the annual premium of $20,000 to Fred’s CPA and the CPA pays the $20,000 for the annual premium payments for the insurance owned by the trust. Each year, the CPA sends a notice to Ellen of her right to take out $10,000 each year for 30 days and sends the same notice to Paul for his $10,000. Each year, Ellen and Paul do not ask for their respective $10,000. As a result, if proper procedures are followed, the $20,000 paid each year is exempt from gift taxes (which could be due from Fred) and if Fred’s total gifts per year are less than the annual exemption per person, $13,000 this year, then there is no gift tax paid on the $20,000 and no decrease in the $1,000,000 gift tax exemption of Fred.

Generation Skipping Trust Gifts.

If Ellen has the ability to unilaterally decide when she dies who gets her accumulated annual $10,000 gifts to the insurance trust, then all of the $10,000 gifts are part of her taxable estate as well as her $500,000, her 50% share of the $1,000,000 life insurance death benefit. We want the benefit of excluding this $500,000 from the estate of Fred and also from the estate of Ellen. So, we do not give Ellen the right unilaterally to decide who may get her accumulated $10,000 annual premium payments. When we do this, two things occur: (1) It is not part of Ellen’s taxable estate and (2) the $10,000 annual gift for the benefit of Ellen to the insurance trust does not qualify as a gift exempt from GST taxes. Unless we do something, the $1,000,000 death benefit could be subject to the 55% GST tax. What normally is done is that the CPA files a gift tax return each year using $20,000 of Fred’s exemption from the GST tax. This is a highly leveraged beneficial use of the GST tax exemption. Many insurance trusts are set up this way.

No Tax, No Exemption.

In 2010, there is no GST tax and therefore no exemption from GST tax. In 2010, the CPA can not file a paper with the IRS claiming a $20,000 exemption from GST tax. Does this mean that part or all of the death benefits are in the taxable estate of Ellen or Paul or is subject to GST tax in the estate of Fred? For all of those who have such insurance trusts, it is necessary that you take action quickly to solve this problem.

Loan the Premium.

The solution that many advisors are recommending is that instead of gifting the $20,000 in 2010, Fred should loan the $20,000 to the CPA in 2010 to avoid this problem. The insurance trust, not the CPA, is the borrower. In future years, the loan can be paid back to Fred either from additional gifts by Fred to the trust or a loan from the insurance policy.

Action Necessary if You Have an Insurance Trust.

If you have an insurance trust, be sure to analyze whether your trust has this problem in 2010.  If so, we strongly suggest you seek the help of a seasoned Estate Planning Attorney as soon as possible.  The Estate Planning Attorney Preferred Provider we recommend is Roger McClure, President of Washington Wealth Counsellors.  He can be reached at roger@wealthcounsellors, or (571) 633-0330.