Posts published in February 2012
For many people, permanent life insurance—which includes whole and universal life policies, among others—is a good financial fit. Very often, however, a less expensive option—term life insurance—works even better. As the name implies, this type of policy provides coverage for a specific term, usually a level-premium period of 10 to 30 years (which is then often renewable to age 80 or beyond). That limitation means you pay less in premiums, though the cost advantage generally decreases as you get older.
Unlike permanent or “cash value” life insurance, which lets you build up cash value in your policy, term insurance provides only a death benefit and is often referred to as “pure” insurance. A big advantage of term insurance is its simplicity. Permanent life policies come in myriad forms, and may put the investment portion of your premium into fixed or variable investments. Fees vary widely depending on the type of policy and the riders and options you choose. Though often touted for the ability to promote saving through required premium payments, whole life and other permanent policies may be inferior to other retirement savings vehicles such as employer-sponsored plans or IRAs. In contrast, term policies are easy to understand—you make a specified payment in return for a promised death benefit.
Term insurance often appeals to those who are in the prime of their careers but who have multiple financial commitments, for mortgage payments, retirement and education savings, and other obligations. Term insurance lets such policyholders cheaply guarantee financial security for their families in the case of an untimely death.
The face amount of a term policy—its death benefit—remains the same throughout whatever number of years the policy is in force. For most level-premium policies, the insurer can’t adjust that amount, the length of the term, or the amount of the premiums. When the term expires, however, your insurance coverage ends. Many term policies guarantee you the chance to renew the insurance for an additional term, but the new premiums will be higher, reflecting your shorter life expectancy.
The cost of a particular term policy depends on your age, your health, and other factors. Typically, when you apply for a policy, you’ll have to answer detailed questions about your medical history and risk factors—policies for smokers usually cost more, for example—and you’ll have to pass a medical examination. (Some term insurance policies, approved in most states, enable you to obtain coverage without taking a physical.)
To find a term policy, you can shop online or you can work through an insurance agent. Choose a highly rated insurance company that will be around if and when your heirs need to collect on your policy.
Even if you do things the right way in estate planning, things may still turn out wrong if small details are overlooked. For instance, while you may recognize that it’s important to establish a power of attorney for an elderly relative, if the document fails to address certain contingencies, you may be powerless to act when your help is needed most.
A power of attorney, governed by state law, is a legal document allowing one person to act on another’s behalf. It must be created by someone—the principal—who has the mental capacity to understand all of its ramifications. The person appointed to act for the principal is known as the attorney-in-fact or the agent.
Once the principal has signed the document, the attorney-in-fact can make decisions for him or her.
Powers under a power of attorney may be broad or limited. For example, a broad power of attorney often grants control over all of the principal’s assets. On the other hand, a limited power might restrict an agent’s activities to selling a home or other real estate.
The most common type of power of attorney, the durable power of attorney, remains in effect should the principal become incapacitated, whereas a non-durable power of attorney is typically used for a specific purpose, such as temporarily managing a person’s financial affairs while that person is incapacitated.
While all of this may seem straightforward enough, if the power of attorney isn’t carefully drafted to accommodate changing conditions, a family’s intentions could be defeated. A common error is a document that fails to name one or more contingent attorneys-in-fact who can step in if the person named in the document is unable to fulfill the responsibilities of this position. That might happen if the original agent has died or is incapacitated or otherwise unwilling or unable to act.
To see what can go wrong, consider this hypothetical situation. John Greenbow, age 80, names his spouse Nina, age 75, as his attorney-in-fact, and their two children, Lester and Michelle, as contingent attorneys-in-fact. John creates a separate document naming himself as attorney-in-fact for Nina. Five years later, Nina shows signs of Alzheimer’s disease, so John assumes her financial affairs. But he suffers a stroke soon after and is incapacitated. While Lester and Michelle have been designated as attorneys-in-fact for John, they aren’t authorized to act on behalf of Nina.
This problem could have been easily avoided if John had incorporated language into Nina’s power of attorney that would have enabled the children to act on her behalf as well. And that’s the point—it’s crucial to think ahead and plan for the worst imaginable scenario. If you’ve anticipated all possible scenarios, you can rest easy knowing help will be there when it’s needed.
It may be better to give than to receive, but not if you’re giving results in a big bill for estate or gift taxes. Still, there are plenty of strategies for avoiding those levies. Making generous gifts now, while favorable rules are in effect, could be an especially effective way to transfer wealth to the next generation.
One way to make tax-free gifts is by using the annual gift tax exclusion. Currently, this provision in the tax code lets you avoid taxation on gifts of up to $14,000 to as many recipients as you choose. If your spouse joins you, the limit rises to $28,000.
Suppose you have two adult children and three grandchildren. If you and your spouse make gifts of the maximum amount to each of those five people, together you can give away $140,000 (5 x $28,000), completely free of gift tax. And you can continue to provide that amount year in and year out without owing taxes on the transfers.
Meanwhile, you could also help family members by paying tuition or medical expenses on their behalf without tax liability, and those payments don’t count against the annual exclusion.
By making a series of lifetime gifts, you could remove substantial assets from your taxable estate, thus reducing potential estate tax liability for your heirs. Also, if younger family members are in a lower income tax bracket than you are, this strategy may provide additional tax savings if they subsequently sell the property you give away. (One complication here is that investment income received by young children may trigger the “kiddie tax,” with much of the income taxed at parents’ rates. Even then, however, making gifts to children is likely to result in a net tax benefit.)
To further sweeten the pot, current law enables you to transfer up to $5 million of assets (indexed for inflation to $5.25 million for 2013) to family members, either through gifts during your lifetime or through a bequest in your will. This $5 million exemption, which is doubled to $10 million for married couples (indexed to $10.5 million for 2013), was preserved by the American Taxpayer Relief Act (ATRA). Unlike many previous estate tax law changes, this extension under ATRA is permanent.
There are, however, a few potential downsides to consider. First, when you give away property, you no longer have control over it, and that could be a concern if you’re putting money in the hands of those who may be too young to handle it responsibly. Moreover, using part or all of the $5 million exemption ($5.25 million in 2013) to shelter lifetime gifts reduces the amount that could be used to offset future estate taxes.
Planning for how to best transfer money to children and grandchildren can be part of your overall financial strategy. We can work with you and your tax and legal advisors to find an approach that fits your situation.