Baby Boomers: Will They be Able to Afford Their Parents?

Do you worry about whether your aging parents have their “affairs in order?” You should. After all, you’re the one who will have to pay unnecessary taxes and endure time-consuming court procedures if your parents don’t have an effective estate plan. Without some forethought on their part and your part, you could be facing a lot of wasted time and money in addition to a lot of frustration. All of the waste and frustration can easily be avoided.

Experts predict $10 trillion will be transferred in the next two decades from parents to baby boomers. The average inheritance will be $200,000. The parents have spent all of their lives saving to leave something to their family. For most boomers, their inheritance will be the largest single financial transaction most they will ever handle. Depending upon the planning done today, the amount actually transferred could be doubled.

During the final years of a parent’s life, the family can lose a lot of the estate in rest home expenses or legal fees. Too often the family has to get a court order to have a parent declared incompetent and get permission to manage their affairs. After both parents die, probate will eat 2-5% of the estate, and estate taxes can take another 37-50%. Additionally, the estate mess can take many days of time out of the boomer’s busy life. Not only money is lost, but life styles often have to be altered just to work through the mess.

Good planning is worth every effort made and every dime spent, not just

in the money and timesavings, but also in the peace of mind it will give to both the parents and the kids. Boomers need to help get the planning done. However, discussing money, especially in this context, is very unpleasant for most families. The kids don’t want to appear grabby or look like they are just waiting for their parents to die so they can get their inheritance. The parents don’t want to face their own mortality, and they don’t want the kids nosing in their financial affairs. The bottom line is nothing gets done.

The sooner this discussion takes place the better. Everybody has to recognize that planning is good business and financial management. The parents have an obligation to take care of it for the children’s sake, and the children have an obligation to help their aging parents. The discussion will take place at some point. The worst time to have the discussion is when a parent is in intensive care.

The following six tips will help protect a parent’s hard-earned money, transfer the maximum amount of inheritance to the family, and ease the family’s legal and emotional burden.

1. Review current wills and/or living trusts. Do the documents reflect the parent’s current wishes? Have there been changes in family relationships, such as divorces, marriages, or new grandchildren?

2. Look into living trusts. All wills that transfer property must go through a court process called probate. Probate eats time and money – lots of both. Today, many families use living trusts to avoid probate, reduce legal fees, and pay the least possible taxes. Living trusts work well, provided they are handled properly during the parent’s life. Is the living trust being used properly?

3. Dodge family disputes. Make sure either the will or trust distribute personal items with a list describing the item and the intended recipient. Most states allows distribution of personal items through a “personal letter,” which is just a list of items and their intended recipient. The letter is not part of the will until death, and then it essentially becomes part of the will. Thus, the letter can be rewritten

or updated as often as desired without a trip back to the attorney. The letter must be “authorized” by the individual’s will in order for it to be effective. If specific distribution of personal items like the shot gun, wedding ring, and the family stamp collection is made in the letter, family fights will be avoided.

4. Split trusts to save taxes. If mom and dad have over $1.5 million in their estate, including the life insurance, retirement money, and business, they should either have an individual trust for each or have a trust that “splits” into two trusts when the first one of them dies. This shields up to $3 million from estate taxes that eat away at a family’s wealth.

5. Protect life insurance. Life insurance is taxed. The family doesn’t have to pay income tax on the money they get, but the money is taxed in the departed loved one’s estate and the IRS will routinely take up to 50% of it. A living trust can help in smaller estates, and an irrevocable insurance trust can totally eliminate the tax in bigger estates.

6. Solve the incompetence problem. Use a durable power of attorney to transfer power to someone when the parent can no longer take care of their own business affairs. The power of attorney has to have language in it that states it will endure the incompetence of the individual making the power of attorney.

W ith the power of attorney, there isn’t any need to have the parent declared incompetent and have a court appoint a guardian. It removes a lot of rustration.

The parents need to soften up and realize that estate planning and asset protection is something they need to talk about and be taking care of. If they cannot do it for themselves, they need to realize that their children are the ones that they have to turn to. The boomers need to take their parents’ estate planning very seriously. The boomers have a lot at stake – a lot of money, a lot of time, and a lot of frustration.

Attorney Lee R. Phillips is a nationally recognized expert in the field of finance, estate planning, and asset protection. Lee is licensed to practice law before the United States Supreme Court & also holds licenses in insurance and securities. Lee is a dynamic speaker & has spoken to over a half million people throughout United States, Canada & the Pacific Rim helping them understand the law.

Lee R. Phillips

Post Author: mark

6 thoughts on “Baby Boomers: Will They be Able to Afford Their Parents?


    (May 20, 2010 - 2:03 am)

    Should I cut my parents off?
    My dad quit his extremely high paying job as a corporate VP in 2007 for no real reason, and had to bring money to the table to sell the awesome house he had, in a buyer’s market (it finally sold in 2009) — the house was totally paid off, BTW, my parents could have stayed there for almost no monthly fee (just the HOA). He decided to move himself, my mother, and my disabled brother to a retirement community in another state (where I also happened to be moving), where there were no potential jobs. I try to love my mother, but she’s always been a physically, verbally, emotionally, and mentally abusive drunk who smokes chains of cigarettes. She never worked because she said she was too sick, but we know for a fact that she was making herself sick with her addictions. They both used to use recreational drugs in irresponsible excess.

    My parents moved into a house they couldn’t afford, in this retirement community with no job prospects for either of them, when they were still in their early 50s. I don’t know how they figured they’d be able to make ends meet on my dad’s pension, the math doesn’t even make sense, but I wasn’t smart enough back then to realize their folly. They didn’t consult with a lawyer or an accountant. My little brother is high-functioning autistic (has Aspberger’s syndrome and a seizure condition), he lives with them. He gets social security disability money every month, and my mother takes it and spends it on groceries and, mostly, wine for herself. None of them have health insurance.

    I got a joint bank account with the parents so that I could transfer funds to them if they needed me to do so. As it stands now, I’ve given them over $3000 of my federal student loans (I’m in school), and I will never see that money again. The IRS levied the joint account when they failed to pay their taxes on the house sale and my dad’s pension. I just faxed the info to the IRS recently to prove I had control over the account and no money came from my parents. Levy will be removed soon. I will get a new account.

    I’m moving out of the state we live in, even though my autistic brother still lives with them. My mother won’t sop drinking and abusing my father, and my father wants me to get a townhouse where I’m moving so that they can all live with me. He sends me articles about how baby boomers live with their adult kids these days to merge resources, even though he wouldn’t be able to bring money to the table to help me out (his entire pension is tied up in his house, a car, and his IRS payment schedule). He plays on my guilt a lot and tries to convince me that what he’s asking is somehow normal. I’m not even 30, and they’re not even 60. I feel like I’m being taken advantage of. They’ve been making my life more difficult than it has to be for a long time, by both their irresponsibility and their abuse, and I’m tempted to cut them off, with the possibility of extracting my brother from the situation soon after I’m out.

    Am I wrong? Is dealing with parents like this normal, and I’m just a selfish, ungrateful son?
    Do you beat your children, too, Crystal? Do you steal their money and buy booze with it?
    Crystal, I just read an answer you gave for a question asking about an abusive mother, you gave the opposite response. Stop using all caps and start exercising logical consistency.


    (May 20, 2010 - 7:05 am)

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    (May 20, 2010 - 7:07 am)

    dude why would i read all that? with what little information i gathered, which is all i needed, i decided that you need to cut them off. they are mooching off of you. tell them you think they need to get a job, because they need to pay for their own things
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    (May 20, 2010 - 7:09 am)

    no ur not selfish. they should be able to afford to live by themselves without help from anyone. cut them off bc obviously giving money to them is a waist and i wouldn’t let them move in me. they would wipe u clean. tell them that they made their choices in life and just because they raised u, its ur time to live and make something of urself. they had a chance and they screwed up so now they need to learn to pay the consequence.
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