Category: Estate Planning

An Overview of Filial Responsibility Laws

Father in a wheelchair and son outsideTaking care of aging parents is something you may need to plan for, especially if you think one or both of them might need long-term care. One thing you may not know is that some states have filial responsibility laws that require adult children to help financially with the cost of nursing home care. Whether these laws affect you or not depends largely on where you live and what financial resources your parents have to cover long-term care. But it’s important to understand how these laws work to avoid any financial surprises as your parents age.

Filial Responsibility Laws, Definition

Filial responsibility laws are legal rules that hold adult children financially responsible for their parents’ medical care when parents are unable to pay. More than half of U.S. states have some type of filial support or responsibility law, including:

  • Alaska
  • Arkansas
  • California
  • Connecticut
  • Delaware
  • Georgia
  • Indiana
  • Iowa
  • Kentucky
  • Louisiana
  • Massachusetts
  • Mississippi
  • Montana
  • Nevada
  • New Jersey
  • North Carolina
  • North Dakota
  • Ohio
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Dakota
  • Tennessee
  • Utah
  • Vermont
  • Virginia
  • West Virginia

Puerto Rico also has laws regarding filial responsibility. Broadly speaking, these laws require adult children to help pay for things like medical care and basic needs when a parent is impoverished. But the way the laws are applied can vary from state to state. For example, some states may include mental health treatment as a situation requiring children to pay while others don’t. States can also place time limitations on how long adult children are required to pay.

When Do Filial Responsibility Laws Apply?

If you live in a state that has filial responsibility guidelines on the books, it’s important to understand when those laws can be applied.

Generally, you may have an obligation to pay for your parents’ medical care if all of the following apply:

  • One or both parents are receiving some type of state government-sponsored financial support to help pay for food, housing, utilities or other expenses
  • One or both parents has nursing home bills they can’t pay
  • One or both parents qualifies for indigent status, which means their Social Security benefits don’t cover their expenses
  • One or both parents are ineligible for Medicaid help to pay for long-term care
  • It’s established that you have the ability to pay outstanding nursing home bills

If you live in a state with filial responsibility laws, it’s possible that the nursing home providing care to one or both of your parents could come after you personally to collect on any outstanding bills owed. This means the nursing home would have to sue you in small claims court.

If the lawsuit is successful, the nursing home would then be able to take additional collection actions against you. That might include garnishing your wages or levying your bank account, depending on what your state allows.

Whether you’re actually subject to any of those actions or a lawsuit depends on whether the nursing home or care provider believes that you have the ability to pay. If you’re sued by a nursing home, you may be able to avoid further collection actions if you can show that because of your income, liabilities or other circumstances, you’re not able to pay any medical bills owed by your parents.

Filial Responsibility Laws and Medicaid

Senior care living areaWhile Medicare does not pay for long-term care expenses, Medicaid can. Medicaid eligibility guidelines vary from state to state but generally, aging seniors need to be income- and asset-eligible to qualify. If your aging parents are able to get Medicaid to help pay for long-term care, then filial responsibility laws don’t apply. Instead, Medicaid can paid for long-term care costs.

There is, however, a potential wrinkle to be aware of. Medicaid estate recovery laws allow nursing homes and long-term care providers to seek reimbursement for long-term care costs from the deceased person’s estate. Specifically, if your parents transferred assets to a trust then your state’s Medicaid program may be able to recover funds from the trust.

You wouldn’t have to worry about being sued personally in that case. But if your parents used a trust as part of their estate plan, any Medicaid recovery efforts could shrink the pool of assets you stand to inherit.

Talk to Your Parents About Estate Planning and Long-Term Care

If you live in a state with filial responsibility laws (or even if you don’t), it’s important to have an ongoing conversation with your parents about estate planning, end-of-life care and where that fits into your financial plans.

You can start with the basics and discuss what kind of care your parents expect to need and who they want to provide it. For example, they may want or expect you to care for them in your home or be allowed to stay in their own home with the help of a nursing aide. If that’s the case, it’s important to discuss whether that’s feasible financially.

If you believe that a nursing home stay is likely then you may want to talk to them about purchasing long-term care insurance or a hybrid life insurance policy that includes long-term care coverage. A hybrid policy can help pay for long-term care if needed and leave a death benefit for you (and your siblings if you have them) if your parents don’t require nursing home care.

Speaking of siblings, you may also want to discuss shared responsibility for caregiving, financial or otherwise, if you have brothers and sisters. This can help prevent resentment from arising later if one of you is taking on more of the financial or emotional burdens associated with caring for aging parents.

If your parents took out a reverse mortgage to provide income in retirement, it’s also important to discuss the implications of moving to a nursing home. Reverse mortgages generally must be repaid in full if long-term care means moving out of the home. In that instance, you may have to sell the home to repay a reverse mortgage.

The Bottom Line

elderly woman in a wheelchair outsideFilial responsibility laws could hold you responsible for your parents’ medical bills if they’re unable to pay what’s owed. If you live in a state that has these laws, it’s important to know when you may be subject to them. Helping your parents to plan ahead financially for long-term needs can help reduce the possibility of you being on the hook for nursing care costs unexpectedly.

Tips for Estate Planning

  • Consider talking to a financial advisor about what filial responsibility laws could mean for you if you live in a state that enforces them. If you don’t have a financial advisor yet, finding one doesn’t have to be a complicated process. SmartAsset’s financial advisor matching tool can help you connect, in just minutes, with professional advisors in your local area. If you’re ready, get started now.
  • When discussing financial planning with your parents, there are other things you may want to cover in addition to long-term care. For example, you might ask whether they’ve drafted a will yet or if they think they may need a trust for Medicaid planning. Helping them to draft an advance healthcare directive and a power of attorney can ensure that you or another family member has the authority to make medical and financial decisions on your parents’ behalf if they’re unable to do so.

Photo credit: ©iStock.com/Halfpoint, ©iStock.com/byryo, ©iStock.com/Halfpoint

The post An Overview of Filial Responsibility Laws appeared first on SmartAsset Blog.

Source: smartasset.com

How to Get Squirrels Out of Your Yard

DIY Squirrel Repellent

If squirrels are getting into your garden, keep them away with a homemade pepper spray. Take a cup of your favorite hot sauce, add a spoonful of cayenne pepper and a capful of Murphy’s Oil Soap, and mix together. Spray the mixture in whatever areas you want the squirrels to steer clear of, like the borders of your garden. Squirrels don’t like the texture or the smell, and will stay away.

Keep Squirrels Away From Birdfeeders

Wondering how to keep a squirrel off a birdfeeder? If it’s held up by a pole or metal arm, grease it up with petroleum jelly. Squirrels can’t hold on with the slippery substance and won’t be able to reach the birdseed.

Related: How to Keep Birds Away From Your Patio, Pool, and Garden

Protect Your Grill

Make sure squirrels and other rodents don’t chew through the rubber pipeline that connects your propane tank with your grill—reinforce the entire thing with duct tape by applying duct tape in rings around it. This is a good idea for anything else in your yard made out of rubber, as this is a favorite chew toy of rodents!

Keep Squirrels Out of Your Garden

Squirrels can be one of the trickiest garden pests to deal with. They chomp on flower bulbs and other leaves, dig up your favorite plants, and otherwise love to wreck your garden. Protect it by grating some Irish Spring soap around your plants. Squirrels can’t stand the smell of it and will stay away.

See also: How to Keep Snakes Out of Your Yard 

Plant Mint to Repel Squirrels

Squirrels hate the aroma of mint, so plant mint (which grows easily) around gardens and trees that squirrels like to frequent. It smells great (at least, to you) and you can even pick it and use it in drinks like iced tea and mojitos.

Another Great Squirrel Repellent

If you’ve ever bitten into a shred of foil that had gotten stuck to a piece of candy, you know how unpleasant the sensation is. Rodents hate the feeling of foil between their teeth, too, so placing strips of foil in your garden mulch will help deter squirrels and some bugs. If squirrels are eating the bark of your tree, you can also wrap the trunk in foil.

For more ways to get rid of pests from all around the internet, check out our Bug and Pest Natural Remedies board on Pinterest. And don’t forget to sign up for our newsletter and follow us on Facebook for our Tip of the Day!

Source: quickanddirtytips.com

Per Stirpes vs. Per Capita in Estate Planning

Three generations of one familyWhen creating an estate plan, one of the most basic documents you may wish to include is a will. If you have a more complicated estate, you might also need to have a trust in place. Both a will and a trust can specify how you want assets distributed among your beneficiaries. When making those decisions, it’s important to distinguish between per stirpes and per capita distributions. These are two terms you’re likely to come across when shaping your estate plan. Here’s a closer look at what per stirpes vs. per capita means.

Per Stirpes, Explained

If you’ve never heard the term per stirpes before, it’s a Latin phrase that translates to “by branch” or “by class.” When this term is applied to estate planning, it refers to the equal distribution of assets among the different branches of a family and their surviving descendants.

A per stirpes designation allows the descendants of a beneficiary to keep inherited assets within that branch of their family, even if the original beneficiary passes away. Those assets would be equally divided between the survivors.

Here’s an example of how per stirpes distributions work for estate planning. Say that you draft a will in which you designate your adult son and daughter as beneficiaries. You opt to leave your estate to them, per stirpes.

If you pass away before both of your children, then they could each claim a half share of your estate under the terms of your will. Now, assume that each of your children has two children of their own and your son passes away before you do. In that scenario, your daughter would still inherit a half share of the estate. But your son’s children would split his half of your estate, inheriting a quarter share each.

Per stirpes distributions essentially create a trickle-down effect, in which assets can be passed on to future generations if a primary beneficiary passes away. A general rule of thumb is that the flow of assets down occurs through direct descendants, rather than spouses. So, if your son were married, his children would be eligible to inherit his share of your estate, not his wife.

Per Capita, Explained

Older couple signs a will

Per capita is also a Latin term which means “by head.” When you use a per capita distribution method for estate planning, any assets you have would pass equally to the beneficiaries are still living at the time you pass away. If you’re writing a will or trust as part of your estate plan, that could include the specific beneficiaries you name as well as their descendants.

So again, say that you have a son and a daughter who each have two children. These are the only beneficiaries you plan to include in your will. Under a per capita distribution, instead of your son and daughter receiving a half share of your estate, they and your four grandchildren would each receive a one-sixth share of your assets. Those share portions would adjust accordingly if one of your children or grandchildren were to pass away before you.

Per Stirpes vs. Per Capita: Which Is Better?

Whether it makes sense to use a per stirpes or per capita distribution in your estate plan can depend largely on how you want your assets to be distributed after you’re gone. It helps to consider the pros and cons of each option.

Per Stirpes Pros:

  • Allows you to keep asset distributions within the same branch of the family
  • Eliminates the need to amend or update wills and trusts when a child is born to one of your beneficiaries or a beneficiary passes away
  • Can help to minimize the potential for infighting among beneficiaries since asset distribution takes a linear approach

Per Stirpes Cons:

  • It’s possible an unwanted person could take control of your assets (i.e., the spouse of one of your children if he or she is managing assets on behalf of a minor child)

Per Capita Pros:

  • You can specify exactly who you want to name as beneficiaries and receive part of your estate
  • Assets are distributed equally among beneficiaries, based on the value of your estate at the time you pass away
  • You can use this designation to pass on assets outside of a will, such as a 401(k) or IRA

Per Capita Cons:

  • Per capita distributions could trigger generation-skipping tax for grandchildren or other descendants who inherit part of your estate

Deciding whether it makes more sense to go with per stirpes vs. per capita distributions can ultimately depend on your personal preferences. Per stirpes distribution is typically used in family settings when you want to ensure that individual branches of the family will benefit from your estate. On the other hand, per capita distribution gives you control over which individuals or group of individuals are included as beneficiaries.

Review Beneficiary Designations Periodically

Multi-generational family

If you have a will and/or a trust, you may have named your beneficiaries. But it’s possible that you may want to change those designations at some point. If you named your son and his wife in your will, for example, but they’ve since gotten divorced you may want to update the will with a codicil to exclude his ex-wife. It’s also helpful to check the beneficiary designations on retirement accounts, investment accounts and life insurance policies after a major life change.

For example, if you get divorced then you may not want your spouse to be the beneficiary of your retirement accounts. Or if they pass away before you, you may want to update your beneficiary designations to your children or grandchildren.

The Bottom Line

Per stirpes and per capita distribution rules can help you decide what happens to your assets after you pass away. But they both work very differently. Understanding the implications of each one for your beneficiaries, including how they may be affected from a tax perspective, can help you decide which course to take.

Tips for Estate Planning

  • Consider talking to a financial advisor about how to get started with estate planning and what per stirpes vs. per capita distributions might mean for your heirs. If you don’t have a financial advisor yet, finding one doesn’t have to be complicated. SmartAsset’s financial advisor matching tool can help you connect, within minutes, with a professional advisor in your local area. If you’re ready, get started now.
  • While it’s always a good idea to consult with a financial advisor about estate planning, you can take a do-it-yourself approach to writing a will by doing it online. Here’s what you need to know about digital DIY will writing.

Photo credit: ©iStock.com/Georgijevic, ©iStock.com/monkeybusinessimages, ©iStock.com/FatCamera

The post Per Stirpes vs. Per Capita in Estate Planning appeared first on SmartAsset Blog.

Source: smartasset.com

13 Cold Weather Tips and Tricks

Indoors

Take vanilla out of the kitchen

When it’s too cold to open the windows, freshen your whole house fast by placing a few drops of vanilla extract on your furnace’s filter. Your house’s heating system will do the rest of the work for you. To scent one particular area, take a small jar and place several cotton balls inside. Dab a few drops of vanilla extract onto the cotton balls. Before putting the cover on the jar, use a nail to puncture a few holes into it for your very own vanilla air freshener.

Make it spicy

To easily deodorize your kitchen, put a cinnamon stick and other favorite spices (such as cloves or ginger) in a mug of water, and microwave it for 2 minutes. Remove the mug and set it on the counter so that the aroma can fill the kitchen. This trick is great for winter, when the scent of the spices will create a warm, cozy atmosphere.

Seal the door

Have a sliding glass door that’s rarely used during the winter? Seal it with duct tape to keep cold air from coming in.

SEE ALSO:  Domestic CEO's How to Make Your Home (and Everything in it) Smell Good

Outdoors

Winterize deck furniture

To keep your metal deck furniture free from rust and wear all winter long, reach for the petroleum jelly Just apply a thin layer (especially in areas where the furniture tends to rust) after cleaning the surface with simple soap and water.

Ease painful pads on pets

Many dogs love to play outside in the snow, but their paws can cause them pain if ice starts to build up between their pads. Before heading out for a winter walk, rub some petroleum jelly between each pad. The ice will stay away and your dog can enjoy the outdoors! If your poor pet’s pads are already cracked or dry, gently rub a little petroleum jelly into her pads while she’s sleeping.

Petroleum jelly is completely safe if your pet decides she wants to lick it off later.

Spray on a little D-fense.

Spray WD-40 in the lining of car doors. Doing this once in the beginning of the winter should keep your doors opening easily.

Baby powder to the rescue

Use baby powder or baking soda to absorb the moisture that collects on the rubber seal lining of your car door. Just wipe the weather strip with a dry cloth before sprinkling on the powder. Repeat every few days in the dead of winter to make sure you can always get into your car.

RELATED: Who Knew's 7 Car Hacks for Winter Weather

Easy undercarriage cleaning

Don’t forget to clean under your car, especially if you live in an area where salt and ice assault in winter.

A trick for these hard-to-reach areas: Run a lawn sprinkler underneath the car and drive back and forth.

Block the lock

To keep your car’s door locks safe from ice during the cold winter months, place a refrigerator magnet over the lock. You can even take an old magnet (last year’s calendar from a local realtor, perhaps) and cut it into pieces that fit perfectly.

Personal Care

Brush to better lips

For lips that need a little extra TLC, especially in the winter, try this effective scrub. Mix together 2 teaspoons baking soda with enough lemon juice to make a paste. Gently scrub the mixture over your lips with a dry toothbrush for a minute or two, then rinse, and apply some petroleum jelly or your favorite lip balm.

Go crazy for cranberry

For a seasonal solution to chapped winter lips—and a great DIY gift idea for the holidays—try this cranberry lip balm! In a microwave-safe bowl, mix together 1 tablespoon avocado or almond oil, 10 fresh cranberries, 1 teaspoon honey, and 1 drop vitamin E oil (from a capsule). Microwave on high until the mixture begins to boil. Remove carefully as the bowl may be hot. Mash the berries with a fork and stir well to combine. After the mixture has cooled for 10 minutes, strain it into a small portable tin, making sure to remove all of the fruit pieces. Cool completely. You’ve made your own great-smelling lip balm!

Sweater cryogenics

If your favorite cashmere or angora sweater is looking a little worn, put it in a plastic bag and place it in the freezer for half an hour. The cold causes the fibers to expand, making your sweater look new again! Who knew there was such a thing as sweater cryogenics?

JUST FOR FUN: Savvy Psychologist's How to Harness Light to Defeat Winter Blues

Your warmest boots

Make your winter boots a little warmer—and make sure they’re completely waterproof—by lining the bottom of the insides with duct tape. The tape will create a waterproof seal, and the shiny silver will reflect your body heat back onto your feet.

Source: quickanddirtytips.com