Is a Gun Trust Necessary?
What is a Gun Trust?
A Gun Trust is a type of Trust similar to a Living Trust that takes ownership of your firearms and ensures an orderly and legal transfer of the guns at your death.
You can name one or multiple Trustees responsible for transferring your firearms when you die and can name Successor Trustees if a single Trustee is unavailable or not qualified to serve as Trustee. You also name the beneficiaries who will receive the firearms at your death.
The Gun Trust is revocable, meaning you can change it anytime if you wish to change the Trustee or the beneficiary.
Title I and Title II
The National Firearms Act (NFA) defines Title II firearms as:
- Machine guns (including machine pistols such as a Glock pistol with a conversions switch),
- Short-barreled shotguns ( less than 18 inches in length),
- Short-barreled rifles ( a barrel less than 16 inches),
- Destructive devices ( any explosive such as grenades and missiles),
- Silencers
- AOWs ( such as wallet and pen guns).
The NFA excludes antique firearms manufactured before 1898 from regulations unless ammunition becomes readily available.
Title I is the classification of all other firearms, such as ordinary rifles, pistols, revolvers & shotguns, and they are only subject to individual state licensing requirements. However, the ATF requires registration of all Title II Firearms.
Do You Need a Gun Trust?
If you own any Title II firearms, you need a Gun Trust.
Any violation of a federal firearm law, intentionally or unintentionally, can result in the loss of the firearms, fines of up to $10,000, and sentences of up to 10 years.
A Gun Trust allows for any Trustee of the Trust to possess a Title II firearm legally. While all Trustees must comply with the same background and identification checks, the Trust can avoid potentially disastrous consequences.
A felony charge is at risk if someone borrows your vehicle with a Title II firearm. Suppose you let a friend fire off a few rounds with your Title II firearm. Your friend is subject to the same felony charge, as only the registered Title II gun owner can use the firearm.
When a Gun Trust owns a Title II firearm, you can solve many of these issues by having multiple Trustees.
Without a Gun Trust that names qualified beneficiaries, the issue becomes compounded at your death, with your legal representative and family members at risk of felony charges.
In addition to these serious risks, the years-long Probate process will control your firearms ownership.
How is a Gun Trust different than a Living Trust?
Your Gun Trust controls your firearms, and your Living Trust controls all your other assets. Both are private and avoid Probate. Remember, if you only have a couple of Title I firearms, your legal representatives and beneficiaries are at risk depending on state laws.
A few Title I firearms can be transferred efficiently by your Living Trust. However, you should also consider the protections of a Gun Trust if you own multiple Title I firearms.
Living Trusts
At the end of your life or incapacitation, they risk Probate if you have property, investments, or bank accounts in your name.
- A Will = Probate. The rule is no one can legally sign your name. Therefore, at your death or incapacity, all assets in your name are subject to the complete Probate process, which averages 18 months and is costly.
- Living Trust completely avoids Probate.
- A Living Trust estate plan includes Health Care and Financial Power of Attorney documents and a Last Will and Testament for guardianship of minor children and to "pour over" any assets still in your name at your death out of Probate.
- Your life insurance policies and deferred compensation accounts can name your Living Trust as beneficiary, subject to essential tax considerations.
Comprehensive Benefits of America
For an expanded presentation of asset protection and financial wellness strategies and regular updates on strategies to protect what you have earned, visit and register with CBA on the link below. Registration is free.
Tom Tuohy founded Comprehensive Benefits of America and Tuohy Law Offices.
LinkedIn
TomTuohy.com
312-559-8444
17W220 22nd Street
Oakbrook Terrace, Illinois, 60181
The information being provided is strictly as a courtesy. When you link to any of these websites, Comprehensive Benefits of America, LLC/does not represent the completeness or accuracy of the information provided. CBA does not provide professional financial, investment, tax, or legal advice. You should seek certified financial planners, CPAs, and attorneys for advice about your personal needs. See complete Disclosures and the CBA Security and Privacy policies.
Disaster Protection for Your Security
Disaster intrudes into our lives without any warning in most instances. Therefore, being prepared and protecting yourself and your family is critical.
I understand; we all deserve a break, and I hope you and your family enjoy one in August.
However, whether you are headed out for a long drive or getting on a plane for a more extended vacation, it is essential not to overlook the details that protect you and your family during unexpected events.
Accordingly, here is a disaster preparedness checklist:
Disaster Protection for Critical Documents and Valuables:
- Certain documents belong in a fireproof safe but don't always get there. Here are a few:
- Social Security Card (I hadn't seen mine in years and needed it recently for the REAL ID driver's license update. The deadline is 5/3/23.)
- Spare photo IDs if you lose your wallet.
- Vital records include birth, marriage, divorce, adoption, guardianship, and passport.
- Your estate plan, Living Trust, and Power of Attorney documents.
- Pet ID tags.
- Household contact information includes your doctors, financial advisor, attorney, insurance, church, school, employer, and home repair services.
- Vehicle titles, real estate deeds, and leases.
Lastly, here is a complimentary comprehensive checklist.
Disaster or Emergency Access to Health Care Power of Attorney
Someone must go home to retrieve your Health Care POA whenever we need this vital document. Please make sure you have access to it on vacation.
With this in mind, MYLO offers a significant discount of just $4.95 per year for this service for our customers.
Disaster and Insurance
- Please ensure no gaps in your family health care and accidental injury insurance. Consider travel insurance for peace of mind.
- While away from your home and traveling by vehicle, it is essential to have a current umbrella policy Most people are underinsured with a common $100/300 auto policy. An umbrella policy is a few hundred dollars annually and gives you an extra $1 million to protect your vehicles and home.
Mental Health
Finally, please don't overlook the stress of the last few years at work and home. Protecting your mental health and reaching out to someone when needed has to be a priority.
Accordingly, here is an excellent list of resources covering many issues.
Enjoy your summer break!
Comprehensive Benefits of America
For an expanded presentation of asset protection and financial wellness strategies and regular updates on strategies to protect what you have earned, visit and register with CBA on the link below. Registration is free.
Tom Tuohy founded Comprehensive Benefits of America and Tuohy Law Offices.
LinkedIn
TomTuohy.com
312-559-8444
17W220 22nd Street
Oakbrook Terrace, Illinois, 60181
The information being provided is strictly as a courtesy. When you link to any of these websites, Comprehensive Benefits of America, LLC/does not represent the completeness or accuracy of the information provided. CBA does not provide professional financial, investment, tax, or legal advice. You should seek certified financial planners, CPAs, and attorneys for advice about your personal needs. See complete Disclosures and the CBA Security and Privacy policies.
Your Summer Checklist
A checklist helps to ensure no gaps in your health care, financial, insurance, or estate plan documents.
Power of Attorney Checklist
- Are your agents outdated because of age, disability, or residence?
- Is a minor now old enough to be your agent?
- Update your Health Care Power of Attorney to include authority for your agent to access health care workers remotely and to visit you via Zoom or Facetime.
Health Care
Whether a trip to the hospital is sudden or planned, you will need a current Health Care Power of Attorney document. You will be asked for this legal document, and if you do not have one, you must sign something you do not understand while in the hospital, under stress, and with plenty of other things on your mind.
A Health Care POA appoints a person to make all health care decisions for you if you cannot do so. This person can access your medical records to accept or withdraw treatment, admit or discharge you from the hospital, and make decisions on life support. If you have arrived at the hospital unconscious, it is chaos with your family and medical personnel. This isn’t a situation you want to be in or one you want for your family.
Take a minute to review your existing Health Care POA and ensure your agent is correct and that the document is current. If you do not have one, now is the time to get one.
Financial
The law holds that no one, not even a spouse, can legally sign your name unless you have a valid Financial Power of Attorney that designates an agent.
Your Financial POA agent has the legal authority to manage your financial affairs if you can no longer make these decisions yourself. A Financial POA is an important document to ensure that your financial matters are handled efficiently in an unfortunate occurrence.
Now is the time to review or obtain a Financial Power of Attorney document.
Beneficiary Designations Checklist
- Were any children born after you opened your insurance policies or tax-deferred accounts?
- Have any beneficiaries died?
- Has your marriage ended, or are you separated from your spouse?
- Do any beneficiaries have a legal disability? Name your Living Trust to avoid government reimbursement from your estate.
- Are any beneficiaries minors under the age of 18? Name your Living Trust to avoid Probate.
Living Trust or other Estate Plan Checklist
- What has changed in your family? Have you moved?
- If something happens to you, does your estate plan reflect your current wishes?
- Are your beneficiaries the same? Do you need to remove a beneficiary or add a new one?
- Are any changes needed on the timing of transferring your assets to your beneficiaries?
- Do your beneficiaries require asset protection because of disability, legal trouble, or a failing marriage?
- Is your Trustee or Executor still appropriate?
- Are all your assets titled in the name of your Living Trusts?
Real Estate Deeds Checklist
- Did you remember to retitle your property deed into the name of your Living Trust after the refinance closing?
- Have you moved your residence? Did you take the title of your new property in the name of your Living Trust?
- Are you still working? If so, as the active police and married, the title to the deed of your principal place of residence should be in Tenants by Entirety for maximum asset protection.
- Have you gotten married?
Living Trusts, if Not Now, When?
We all know that we need an estate plan, and we should take care of it sooner rather than later. However, almost everyone procrastinates when it comes to this essential task.
At the end of your life or incapacitation, they risk Probate if you have property, investments, or bank accounts in your name.
Advantages of a Living Trust
- A Will is Probate. The rule is no one can legally sign your name. Therefore, all assets in your name are subject to the Probate process, which averages 18 months and is costly.
- A Living Trust completely avoids Probate.
- Your financial accounts, life insurance policies, and deferred compensation accounts can name your Living Trust as the beneficiary. This is subject to essential tax considerations.
- A Living Trust estate plan includes Health Care and Financial Power of Attorney documents. It also consists of a Last Will and Testament. A Will is necessary for guardianship of minor children. It also transfers assets in your name out of Probate.
- A Living Trust contains a No Contest provision and beneficiary Asset Protection clauses.
Comprehensive Benefits of America
For an expanded presentation of asset protection and financial wellness strategies and regular updates on strategies to protect what you have earned, visit and register with CBA on the link below. Registration is free.
Tom Tuohy is the founder and CEO of Comprehensive Benefits of America, LLC, and Tuohy Law Offices.
312-559-8444
17W220 22nd Street
Oakbrook Terrace, Illinois, 60181
The information being provided is strictly as a courtesy. When you link to any of these websites, Comprehensive Benefits of America, LLC/does not represent the completeness or accuracy of information provided at these sites. CBA does not provide professional financial, investment, tax, or legal advice. You should seek certified financial planners, CPAs, and attorneys for advice relative to your personal needs. See complete Disclosures and the CBA Security and Privacy policies.
POD and TOD Account Disadvantages
POD and TOD Accounts
What are POD and TODs? They are an increasingly popular method of providing for the distribution of financial accounts at your death. They are helpful in certain situations; however, there are critical limitations and risks associated with using them.
Payable of Death (POD)
A Payable on Death (POD) designation is commonly available at banks and used for checking and savings accounts and CDs. Other financial institutions usually use a Transfer on Death (TOD) designation. A POD and TOD are both used to name a beneficiary for which the account balance transfers on death.
- Advantages
- Useful for transfer on death in smaller estates of less than $100,000 in total assets with no particular circumstances. (see below)
- Appropriate for many checking accounts, particularly those held at Chase Bank, to avoid inconveniences.
- Avoids Probate, but comes with risks.
- Disadvantages
- Disinheriting: Regardless of the size of your estate, you might unintentionally disinherit a child or other intended beneficiary. Or the beneficiary might not share the funds with your other children as you had hoped. The account ownership automatically transfers to the only person(s) named on TOD or POD. These funds now become part of the named beneficiaries’ family estate if that person dies simultaneously with you or shortly after your death.
- Creditors: Since the funds are owned by your beneficiary immediately, they are also subject to any creditor claims, lawsuits, or divorce filed against the beneficiary.
- Minors: The same as with life insurance policies and deferred compensation accounts and IRAs or other beneficiary designations. If the beneficiary is under 18 at the time of your death, the proceeds or funds go to Probate.
- Disability: If your beneficiary has a disability now or acquires one from an accident or illness before your death. In that case, the POD and TOD funds could end up with the government or jeopardize their Medicaid and SSI.
- Predeceased Beneficiary: If your beneficiary dies with you or before your death, the funds are subject to Probate. There are no alternate beneficiaries on TOD/POD accounts.
- Squandering Inheritance: Statistics show that most inheritance is spent within18 to 36 months. I am confident the time shortens, the younger the beneficiary.
POD vs Living Trusts
I write about Living Trusts frequently because they are much more than an estate plan. Living Trusts organize your assets now and safeguard them after your death. They also can avoid all of the above disadvantages of POD/TOD designations.
Living Trusts also protect your assets from Guardianship Court if you acquire a disability. Additionally, if you are contemplating a second marriage, a Living Trust is essential to segregate your assets from future marital funds acting as prenuptial protection.
Living Trusts, if Not Now, When?
We all know that we need an estate plan, and we should take care of it sooner rather than later. However, almost everyone procrastinates when it comes to this essential task.
At the end of your life or incapacitation, they risk Probate if you have property, investments, or bank accounts in your name.
Advantages of a Living Trust
- A Will is Probate. The rule is no one can legally sign your name. Therefore, all assets in your name are subject to the Probate process, which averages 18 months and is costly.
- A Living Trust completely avoids Probate.
- Your financial accounts, life insurance policies, and deferred compensation accounts can name your Living Trust as the beneficiary. This is subject to essential tax considerations.
- A Living Trust estate plan includes both Health Care and Financial Power of Attorney documents. It also consists of a Last Will and Testament. A Will is necessary for guardianship of minor children. It also transfers assets in your name out of Probate.
- A Living Trust contains a No Contest provision and beneficiary Asset Protection clauses.
Comprehensive Benefits of America
For an expanded presentation of asset protection and financial wellness strategies and to receive regular updates on strategies to protect what you have earned, visit and register with CBAPlan on the link below. Registration is free.
Tom Tuohy is the founder and CEO of Comprehensive Benefits of America, LLC, and Tuohy Law Offices.
312-559-8444
17W220 22nd Street
Oakbrook Terrace, Illinois, 60181
The information being provided is strictly as a courtesy. When you link to any of these websites provided herein, Comprehensive Benefits of America, LLC/ makes no representation of the completeness or accuracy of information provided at these sites. CBA does not provide professional financial, investment, tax, or legal advice. You should seek certified financial planners, CPAs, and attorneys for advice relative to your personal needs. See complete Disclosures and the CBA Security and Privacy policies.
George Halas Prince, and a Chicago Cop
What could those three people possibly have in common?
Horrendous estate planning.
Not Having an Estate Plan
Prince
Let's dispense with Prince first and then find out why George Halas and a Chicago police officer have unofficially ranked #1 and # 2 as the two worst estates the decades-long Chief Judge of Cook County Probate ever heard.
The musician Prince died on April 21, 2016. He had no estate plan. Six years later, his estate, valued at hundreds of millions of dollars, is still in the predictable mess of the Probate Court system. Because Prince left no estate plan, the state is left to determine how much his estate is worth and who will receive it.
Having a Plan, but not a Good Plan
If it sounds unimaginable that someone with assets, royalties, and a legacy eventually worth billions didn't plan for the inevitable day he wouldn't be here, the list of well-known people who did the same can fill a book. The court ordered Jackie Onnasis's personal property sold to pay otherwise avoidable estate taxes. James Gandolfini, "Tony Soprano," had a Will, but not a Marital Trust, and because of that mistake, his estate paid the IRS $30 million, and his 13-year-old son ended up in the center of, you guessed it, a Probate battle.
Aretha Franklin, Elvis, Tony Hsieh, founder of Zappos (that estate may never settle), Kobe Bryant; the list goes on.
George Halas
On October 31, 1983, George Halas died without a Living Trust or a workable succession plan for the Chicago Bears. He wanted his son, Mugsy Halas to take over the Bears, but Mugsy died suddenly in 1979 and George never created an alternate plan. For over a dozen years the children of Mugsy and the children of his daughter Virginia McCaskey battled in Cook County Probate Court to the extent ownership shares of the Bears had to be sold to pay for the legal fees. The Halas kids weren't even invited to the Super Bowl. Today many fans wish the McCaskeys sold all their shares.
Most importantly, this mess is not what George Halas wanted, for his family and for the Chicago Bears.
The Chicago Cop
A Chicago Police Officer died leaving a Will as his estate plan to provide for his seven children. His kids fought each other in Probate Court for 18 years until there was nothing left in their father's estate. One day I stood before the chief judge who told me he hated this case as much as he did George Halas' case.
Whether it was the grandchildren of George Halas and the future of the Chicago Bears or the children of a Chicago Police Officer and a family's entire savings and legacy, none of it should have happened, and all of it avoided.
Having a Will or no Will as an Estate Plan = Probate
If there's a Will, there's relatives. And if there isn't a Will, there are even more relatives.
A Will is merely your wishes that a Probate Court follows to distribute your assets. A Last Will and Testament must be probated. This rule comes from the law that no one can legally sign your name. Therefore, if you die with assets in your name, a Probate Court judge must appoint an Executor to sign your name for the asset transfers to your named beneficiaries. If you do not have a Will, the court determines who receives your assets.
The system cannot handle everyone's estate. Therefore, it can take years to get through the process. And that is if no one contests, which is very easy to do. It doesn't matter if you are a celebrity or not, Probate is not the way to go.
The police officer's kids fought with each other because they could. Every example I gave above was easily avoidable.
Living Trust Estate Plan Avoids Probate
I have spent more time in Probate Court than I ever want to remember. So, I dedicated my career to helping people avoid the system, keep their affairs private, and their families at peace with each other, and grateful for you and your memory. No matter who you are, that is a legacy you deserve.
The first hurdle of planning is just getting it done. Estate planning is not high on anyone's list. But we all know how uncertain life is, and none of us are getting out of this thing alive. And none of us know when we will go.
To avoid massive headaches and expenses for your family, and give yourself peace of mind now, what you need today is a Living Trust estate plan.
How does a Living Trust Work?
Your real estate titles (in all states) transfer from your name to your Trust name. Life insurance policies and deferred compensation accounts can name your Living Trust as beneficiary, subject to essential tax considerations.
A Living Trust estate plan includes both Health Care and Financial Power of Attorney documents. It also consists of a Last Will and Testament. A Will is necessary for guardianship of minor children. It also transfers assets in your name out of Probate.
And finally, a Living Trust contains a No Contest provision, as well as beneficiary asset protection clauses.
Comprehensive Benefits of America
For an expanded presentation of asset protection and financial wellness strategies and to receive regular updates on strategies to protect what you have earned, visit and register with CBAPlan on the link below. Registration is free.
Tom Tuohy is the founder and CEO of Comprehensive Benefits of America, LLC, and Tuohy Law Offices.
312-559-8444
17W220 22nd Street
Oakbrook Terrace, Illinois, 60181
The information being provided is strictly as a courtesy. When you link to any of these websites provided herein, Comprehensive Benefits of America, LLC/ makes no representation of the completeness or accuracy of information provided at these sites. CBA does not provide professional financial, investment, tax, or legal advice. You should seek certified financial planners, CPAs, and attorneys for advice relative to your personal needs. See complete Disclosures and the CBA Security and Privacy policies.
Know Your Health Care Rights
We have all experienced the health care system. Honestly, can you say you are looking forward to your next experience? Part of it is the uncertainty of what we will find out. However, most of our anxiety and frustration is about the feeling we are not in control. Well, you can be, and you have the right to be in total control of your health and your care.
HIPPA
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is an often abused federally protected patient health care protection. Unfortunately, most of us roll our eyes at the mention of those letters, because typically the process brings bureaucratic delivery, endless seemingly unnecessary paperwork, and lack of ease. Consequently, HIPPA is often a sword against us rather than a shield protecting us.
Essential Health Care Rights
HIPPA guarantees your fundamental health care rights:
- You have the right to request and receive copies of all of your health care records. Don't let any medical provider tell you differently or delay producing your health care records. I know from legal experience that with medical errors or less than ideal treatment, the production of records slows down. If you are ever on the receiving end of improper care or malpractice, immediately demand to see every single one of your records, including all nurse's notes, lab testing, x-rays, act. This information is essential even if your care was excellent. It is your health care history, and it can be critical to successful and timely treatment in the future.
- You have the right to share this information with others and request that your provider do so.
- Your must receive your medical records within 30 days.
- Medical record production cannot be denied if your bill is not paid in full.
- You can request delivery of records on paper, digitally, or viewed online. Today, having a digital health care dashboard is a feature that should be common for health care providers. It allows you to have all your records in an easily viewed and indexed digital platform. Your entire health care history can be available to you and, importantly, be available for your subsequent health care treatment and discussion of options.
Informed Consent
This notion that we are in the dark about our health care history and options for treatment and hand over our health and welfare to medical providers is what we grew up expecting.
Most hospitals have patient advocates available to help you fully understand your condition and treatment options. Use them.
Always insist on a thorough and understandable explanation of your treatment, options, expected outcomes, and access to second or third opinions. It is your health and your future.
Health Care Power of Attorney
You have the right to appoint an agent to act on your behalf to make all health care decisions for you if you are unable or unwilling to do so. Therefore, please do not risk leaving that power in the hands of medical providers instead of your family or trusted friend.
Importantly, this essential document also includes your comprehensive instructions on life support, access to your medical records, and whether you wish to avoid prolonged suffering or extend your life for as long as possible. You can also choose to spend your last days at home and provide for your final plans and wishes.
Power of Attorney documents are readily available and customized to your specific wishes. In the POA's I prepare, I include the insistence that your family has access to be with you in your hospital room or to see you electronically via Facetime, Zoom, or other digital means. This recent practice of allowing people to suffer alone and even die alone is unconscionable.
All your health care directives are included in your preferred Living Trust estate plan.
Docubank
Unfortunately, when we seek medical treatment we almost certainly do not have our Health Care POA with us. Today there is a service, Docubank, that will provide you with a wallet card that allows any medical provider to access your POA 24/7 365 anywhere in the world.
Docubank gives clients a 65% discount – only $25 a year for this card that also can include your emergency contact person, family members, and a medical snapshot. Call our office and we will make sure you are given the discount.
Living Trusts
At the end of your life, or at incapacitation, if you have property or bank accounts in your name, they risk Probate.
- A Will must be Probated. The rule is no one can legally sign your name. Therefore, all assets in your name are subject to the Probate process, which averages 18 months and is costly.
- A Living Trust completely avoids Probate.
- Your financial accounts, life insurance policies, and deferred compensation accounts can name your Living Trust as beneficiary, subject to essential tax considerations.
- A Living Trust estate plan includes both Health Care and Financial Power of Attorney documents. It also consists of a Last Will and Testament. A Will is necessary for guardianship of minor children. It also transfers assets in your name out of Probate.
Comprehensive Benefits of America
For an expanded presentation of asset protection and financial wellness strategies and to receive regular updates on strategies to protect what you have earned, visit and register with CBAPlan on the link below. Registration is free.
Visit www.cbaplan.com or call 1-312-559-8444 for assistance with registering.
Tom Tuohy is the founder and CEO of Comprehensive Benefits of America, LLC, and Tuohy Law Offices.
The information being provided is strictly as a courtesy. When you link to any of these websites provided herein, Comprehensive Benefits of America, LLC/ makes no representation of the completeness or accuracy of information provided at these sites. CBA does not provide professional financial, investment, tax, or legal advice. You should seek certified financial planners, CPAs, and attorneys for advice relative to your personal needs. See complete Disclosures and the CBA Security and Privacy policies.
Have Your Beneficiaries Been Updated Lately?
You may have heard the horror stories of officers who divorced and never changed their insurance policies, deferred comp beneficiaries, or estate plan, and the ex-spouse got it all. It is easy when hearing dramatic stories to assume you are safe. But are you?
There are various reasons why your listed beneficiaries might not fit your current intentions. It can also prove costly because of circumstances beyond your control.
Outdated Beneficiaries
It is very common to have beneficiary names listed on policies and accounts that are not current to your wishes. The chances are you have beneficiaries listed right now that include a person you no longer wish to receive the benefit or it excludes someone.
Here are some examples:
- Previous marriages: That is an easy one. However, please know that when you die the beneficiary on any legal document will receive the proceeds of that policy, account, or estate plan. I have had those phone calls from surviving spouses who discovered the ex on policies after their spouse died.
- Not listing all your children: You took out the insurance policy years ago before having that second or third child.
- Intentionally listing only one child: You figure that child will take care of their siblings. That mistake is widespread. However, the child you list has legal ownership. What if the child's spouse has different ideas? Or before making distributions to siblings, the beneficiary child dies. All the funds are now part of that child's estate. The funds could end up in the beneficiary child's divorce, lawsuit or creditors claim. Then there are possible gift taxes when making distributions depending on the tax code at the time.
- Countless clients were in one of those or other situations as we reviewed their assets and policies during their Living Trust signing. Fortunately, they were still around to fix it.
Minor Children Beneficiaries
Suppose you have listed a minor as a primary or successor beneficiary on a policy or account. Unfortunately, you die before the minor reaches 18 years of age. If so:
- If you die before the minor reaches age 18, all of the proceeds will go to Probate. The assets stay under the court's control until the minor is 18.
- Secondly, not many people want their children to receive large sums of money at 18; when Probate will release it all. 18 may be the age of majority; however it is rarely the age of maturity.
One of my favorite truths is that the human brain does not fully form until age 25. Everything is there except the frontal cortex, which governs reason. And that explains a lot! That fact should also inform your decision about the final distribution age of all funds. A Living Trust best accomplishes a sensible distribution strategy.
A Trust protects the funds outside of Probate. The minor can receive distributions before age 18 for health, education, and welfare at the discretion of your chosen Trustee. You chose the final distribution age.
Beneficiary Financial Troubles
No matter what age you feel is appropriate for your beneficiaries to receive their inheritance, there is no way of knowing whether they are going through a divorce, bankruptcy, or lawsuit at the time of your death.
If you name your Living Trust as beneficiary, the Trust protects against all of those risks. A Trust's Spendthrift Provision prevents any creditor or spouse from claiming the gift of your estate.
Benficiary Disability Issues
Suppose one of your beneficiaries acquires a disability through accident or illness before your death. In that case, your estate funds will go to the government for reimbursement of public benefits. Or your beneficiary will lose their SSI or Medicaid benefits.
You can prevent this from happening with a Living Trust that has precautionary Supplemental Needs provisions.
Living Trusts
At the end of your life, or at incapacitation if you have property or bank accounts in your name, they risk Probate.
- A Will must be Probated. The rule is no one can legally sign your name. Therefore, all assets in your name are subject to the probate process, which averages 18 months and is costly.
- A Living Trust completely avoids Probate.
- Your financial accounts, life insurance policies, and deferred compensation accounts can name your Living Trust as beneficiary, subject to essential tax considerations.
- A Living Trust estate plan includes both Health Care and Financial Power of Attorney documents. It also consists of a Last Will and Testament. A Will is necessary for guardianship of minor children. It also transfers assets in your name out of Probate.
Comprehensive Benefits of America
For an expanded presentation of asset protection and financial wellness strategies and to receive regular updates on strategies to protect what you have earned, visit and register with CBAPlan on the link below. Registration is free.
Visit www.cbaplan.com or call 1-312-559-8444 for assistance with registering.
Tom Tuohy is the founder and CEO of Comprehensive Benefits of America, LLC, and Tuohy Law Offices.
The information being provided is strictly as a courtesy. When you link to any of these websites provided herein, Comprehensive Benefits of America, LLC/ makes no representation of the completeness or accuracy of information provided at these sites. CBA does not provide professional financial, investment, tax, or legal advice. You should seek certified financial planners, CPAs, and attorneys for advice relative to your personal needs. See complete Disclosures and the CBA Security and Privacy policies.
Do You Have Umbrella Insurance?
Umbrella Insurance the Most Important and Least Expensive Liability Insurance
The chances are you have the average vehicle policy coverage limits of liability - $100,000/$300,000.
Those figures represent the limits of your insurance protection for damages due to injuries you cause to others in an accident. However, if the damages exceed $100,000 per person or $300,000 per accident for all persons injured in the accident, you must pay the excess.
Umbrella Insurance Coverage
A standard umbrella policy covers all vehicles on your policy and your home for injuries caused to guests or visitors on your property. An umbrella policy also may cover libel or slander claims. For instance, posting a bad review or social media comment. You may also have coverage for malicious prosecution claims and overseas travels. Importantly, the policy limits begin at $1,000,000,00 and average only $230 annually.
Consequences of Inadequate Insurance Coverage
A few years ago, someone I represented in my law practice neighbor's child tripped on a Play Station cord while visiting his home and struck her head on a table. Tragically, the child suffered brain damage. However, my client had only $100,000 liability coverage on his home. Consequently, nearly everything my client earned over 20 years on the job was lost.
Another client came to my office to discuss an accident. She was stopped at dusk at a stop sign in Park Ridge, Illinois. This suburb has few street lights and short concrete posts for street signs. Moreover, while inching forward to see the street name, she did not notice an older woman who stepped off the curb simultaneously. As a result, my client bumped the woman who fell and struck her head on the sidewalk. The woman died that evening. My client had a 100/300 policy and approximately $600,000 net worth. There was nothing we could do to protect her savings or the equity in her family home.
The Other Drivers
Consider the flip side of you not having adequate coverage - the thousands of uninsured or underinsured drivers you drive alongside daily. You must protect yourself from damages another driver with too little or no insurance might cause you or someone in your household.
Whether it is your home or vehicle, the time to ensure you are adequately protected is now - before you drive again or invite a guest into your home.
Learn More
Contact CBA today for help finding the right Umbrella Insurance coverage.
Learn more about Umbrella Insurance by viewing this short video or reading this brief article.
Comprehensive Benefits of America
For an expanded presentation of asset protection and financial wellness strategies and to receive regular updates on strategies to protect what you have earned, visit and register with CBAPlan at the link below. Registration is free.
Visit www.cbaplan.com or call 1-312-559-8444 for assistance with registering.
Tom Tuohy is the founder and CEO of Comprehensive Benefits of America, LLC, and Tuohy Law Offices.
7 GREAT BENEFITS OF 24-7 TELEMEDICINE
It is 7:00 am on Monday. Your throat is hurting, and you have a bad cough with severe body ache. You are unable to leave the warmth of your bed. But you have kids who need to be dropped for school, and you have an important presentation at work that can’t be delayed— so you have no time to waste sitting in the waiting room of the urgent care center. Luckily you work for a company that acknowledges the employee’s health-worth and provides a health package including a telemedicine program. You make an appointment with a doctor, and in a few minutes, you are getting examined and diagnosed from the comfort of your home. You save your time and money and get relieved from your stress after speaking with the physician.
Research has proved that the patients who access healthcare through telemedicine show lower rates of stress and anxiety than those who go for in-person visits. These patients show 38% lesser hospital admissions.
Here are 7 great benefits of telemedicine.com for the employees:
HEALTHCARE COST CONTAINMENT:
Medical costs are rising with each passing year, making it even more difficult for employers to provide health benefits to their employees. Some employers implemented consumer-driven healthcare plans (CDHPs), which increased out-of-pocket medical expenses for the plan participants. This made both the employers and employees find ways to cut back on overhead costs. Finally, they found telemedicine as the best solution to fight back the increase in medical expenses. Telemedicine reduces the co-pays for employees and cuts down the claim costs of the employer’s healthcare plan. A research study carried on 17000 telemedicine participants concluded that the hospital admissions of those employees dropped by 30%, and their doctor visits reduced by 60%. They also saved 45% of their costs routinely wasted on the unnecessary doctor and emergency room visits.
Telemedicine has been reported to reduce healthcare costs by up to 27% on average. Telemedicine aids in saving transportation costs, expensive office visit fees, emergency room specialist charges, and other facility charges. Employees often lose revenue when they cannot show up to an office visit due to car problems, traffic jams, work obligations, the responsibility of caring for children or older adults, or some other reasons. Telemedicine has largely helped the employees curb missed appointments. It has helped rural workers save approximately 3,431$ in lost wages and 5,718$ in transportation costs each year.
The American Journal of Emergency Medicine researched telemedicine and concluded that the net cost savings per visit ranged from 19$-121$.
The employers align incentives for selecting the best telemedicine solution so that the benefit drives a positive return on investment. Telemedicine helps small businesses outgrow by saving crucial costs across the board, reducing outgoing costs, and preventing valuable resources. It offers the best price and best deal telemedicine and behavioral health benefits to employees by offering non-pareil services at extremely low rates.
THE BEST PRICE TELEMEDICINE OFFER:
The employee is charged for no consultation or deductible fee in the best price telemedicine offer and no co-pay. All he has to pay is one low fee of $13.50 to get registered fora monthly subscription.
Note: The employee might be charged for the prescription. Any pharmacy or RX card can be used to fill the prescription.
THE BEST DEAL TELEMEDICINE OFFER:
The employees get up to 7 additional family members covered for just $13.50 per month in the best deal telemedicine offer.
It can’t be much more affordable than that.
- QUICK ACCESS TO QUALITY HEALTHCARE:
Telemedicine allows the employees to avail of the consultation of best doctors, who can not be accessed for months routinely. The employees can access remote physicians and specialists at their home, work, or on vacation and can get unsurpassed and immediate healthcare in no time. This helps in the employee’s early recovery, followed by lower incidents of re-hospitalization and emergency room visits.
For employees who travel a lot, such as sales professionals, or truckers, telemedicine allows access to treatment regardless of location. Also, the employees living in rural areas can get extraordinary care in their homes.
Telemedicine also allows for better management of chronic diseases. Employers or their family members who suffer from chronic conditions are often unable to visit their doctor regularly. Such patients are more likely to get infected by contagious diseases in hospitals. Telemedicine technology allows you to monitor weight, blood pressure, blood sugar levels at your home and transmits it to the doctor’s office.
24-7Telemedicine services offer 24/7/365 phone or video consultation service with specialist doctors, who can consult, diagnose, and prescribe medications for common and non-emergency illnesses. An employee can easily take time out of their day and make consultations on a mobile phone, tablet, landline, or computer, and get the required immediate care. They discuss their medical history with specialists, who inquire and hear their ailments by themselves rather than waiting for any information from the nurse or doctor. This helps the specialist make a better diagnosis and provide individualized treatment.
Telemedicine.com also allows access to both English and Spanish speaking doctors for their patients’ convenience and uncompromised care provision.
3.PROTECTION FROM COVID-19:
In this havoc-wreaking outbreak of coronavirus, many employees are juggling health concerns and mounting anxiety alongside their jobs and families, which has left them at grave risk for loneliness, stress, burnout, and depression. In this pandemic, more than half of Americans are getting their health benefits through their place of work.
Telemedicine has lent a helping hand in protecting the employees from both contracting and spreading the disease. The employees having symptoms of the disease, can stay at their homes, get an appropriate diagnosis, and medical care through telemedicine, and are expected to show earlier recovery than if admitted at the hospital as he/she gets the proper care and support of loved ones. Those who are asymptomatic can make a consultation via telemedicine and stay safe from contracting the disease or germs of any other contagious disease from other patients in the hospital.
4.REDUCED ABSENTEEISM:
When an employee is sick, all he wants is to take a leave from the workplace, rest for hours, or visit a doctor immediately. Long absentees from his workplace might result in loss of income, low productivity in the workplace, and missed deadlines that might cause the company a great loss.
Telemedicine offers virtual healthcare to employees. They can access the services from their homes, at work, or even on vacations. They don’t need to take off hours from their work for a visit to the doctor’s office; instead, they can make a convenient call to telemedicine.com and get prompt care, as required.
If an employer is providing health benefits to employees, he is actually boosting his company’s productivity. The healthier are the employees; the better is the workplace productivity. When an employer offers telemedicine benefits to employees, he must expect them to save 700 hours per year that otherwise might be wasted by visiting the doctor’s office, in ER visits, or waiting in the waiting rooms for appointments.
With access to telemedicine, employees and their families get the required care and support quickly and easily. The less time it takes for employees to find the remedy, the faster they can return to the workplace. Employees stay productive and engaged when having no health issues.
5.INCREASED EMPLOYEE SATISFACTION:
Telemedicine can provide physical care to employees and alleviate their anxiety, stress, and paranoia that they are already experiencing. Employers can show their employees how important their health is by providing telemedicine as a part of their health benefits. Employees don’t need to leave work for getting examined; backlogs are not created, timely diagnosis and treatment expedite recovery that makes the employee feel a sense of care from their employer. This also helps the employees in cutting down their out-of-pocket costs. Thus, the employees stay relieved from their stress related to health and increase their company’s productivity.
The best deal and best price telemedicine benefits of telemedicine.com have made the employees heave a sigh of relief by cutting down the extra costs on their medical expenses. Research has proved that healthier employees have increased job satisfaction that is a foremost factor for retaining employees. The happier the employees are with their benefits; the more likely are they to rate their company a great workplace.
6.BEHAVIORAL HEALTH BENEFITS:
It needs to be accepted that mental illness, like any other chronic illness, becomes debilitating if left unaddressed. If we ignore the symptoms, it might lead to self-destructive behavior, and ultimately a downturn in workplace productivity.
A report from Mind Share Partners stated that 80% of workers with behavioral health problems said they don’t seek treatment because of shame and stigma. Telemedicine allows the employees to contact behavioral health specialists from their own homes’ comfort with no privacy issues. WHO estimates that every 1$ invested in treating mental health will return $$ in productivity and improved health.
Telemedicine.com offers promising avenues for treating mental illness. It allows greater accessibility, regular follow-ups, and a multi-disciplinary approach while taking complete care of patients’ privacy.
7.WORK-LIFE BALANCE:
Telemedicine improves the employees’ ability to achieve work-life balance. They can seek healthcare in their off-hours or while traveling. They are not bound to any specific time or region for accessing the telemedicine services. Thus they can achieve a great work-life balance by designing their own schedules as per their convenience.
by bkwatson; Access a Doctor, Blog, Family, MyTelemedicine, Nationwide access, Pediatrician, Prescription, Senior Living, TELEPHONIC COUNSELING
Comprehensive Benefits of America
For an expanded presentation of asset protection and financial wellness strategies and to receive regular updates on strategies to protect what you have earned, visit and register with CBAPlan on the link below. Registration is free.
Visit www.cbaplan.com or call 1-312-559-8444 for assistance with registering.
Tom Tuohy is the founder and CEO of Comprehensive Benefits of America, LLC, and Tuohy Law Offices.
The information being provided is strictly as a courtesy. When you link to any of these websites provided herein, Comprehensive Benefits of America, LLC/ makes no representation of the completeness or accuracy of information provided at these sites. CBA does not provide professional financial, investment, tax, or legal advice. You should seek certified financial planners, CPAs, and attorneys for advice relative to your personal needs. See complete Disclosures and the CBA Security and Privacy policies.
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