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Surprises in a will can complicate estate plans

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Handling the estate of a deceased parent can be an emotional process for children already dealing with grief. 

Those emotions can become more complicated if the estate plan doesn’t unfold as expected — say, if there is an uneven split of assets among children or a previously unknown heir who comes forward to claim a share of the estate.

Feelings of pain and betrayal can be avoided by having discussions about your estate plan with your family before death; however, estate planning attorneys say these conversations are rare.

About two-thirds of Americans, 68%, say discussing end-of-life preparations with loved ones is important, but only 47% have done so, according to a 2022 Ethos survey of 1,000 adults. A 2024 report from online estate planning service Trust & Will found that 34% of millennials are unsure if their parents even have an estate plan. The site polled 1,000 adults.

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If a client refuses to disclose information about their estate to their heirs, it can put an estate planner or financial advisor in the difficult position of doing so after that client’s death.

“I think a lot of lawyers are hesitant to point out the ramifications of some of these things,” said New Jersey-based estate planning attorney Martin Shenkman.

Unexpected heirs and beneficiaries

Key steps you need to establish an estate plan

In the case of a previously unknown heir coming forward, experts say the first consideration is the will. If the will is vague or unclear — say, if it designates an asset to be split “among my children” rather than naming individuals —  there could be disputes that could require court intervention, according to Mitch Mitchell, Trust & Will’s probate expert.

Probate laws vary by state, he said, but it’s rare for genetic testing to be required to prove that a previously unknown heir is related. Typically, half siblings don’t have to prove who they are more than any other child of the deceased.

“As for inheritance divided equally, while states may vary regarding how much of a share a half sibling is to receive, this variation generally only exists when a half sibling is inheriting through a sibling, not a common parent,” Mitchell said. “Generally, for inheritance through a common parent, half siblings receive the same inheritance in equal parts with all other siblings.”

When there is no will, a state’s intestacy laws will determine how the property is divided, experts say, typically favoring the closest relatives.

The kids ‘don’t always get along’

The inheritance process can be a messy one if someone is written out of the will or an inheritance is divided unequally — especially if the decedent doesn’t detail why they made such choices.

“There have been a zillion times when people have told me, ‘No, all the kids get along. They all understand what I’ve done,'” Shenkman said. “And they may believe that because the kids appear to get along. But as soon as the parents are gone, those emotions come out of the closet like a torrent, and no, they don’t always get along.”

The first step to avoiding these kinds of hardships is do everything from a compassionate perspective, not from anger.

Martin Shenkman

estate planning attorney

Shenkman said attorneys should have open and honest discussions with clients and ask questions about motivations during the will-writing process. 

“When I’ve seen parents or family members disinherit somebody, it’s really a kick in the gut in most cases,” he said. 

Shenkman also encourages clients to have discussions with their children that are age appropriate, even if they don’t disclose dollar amounts. This can help explain the decision-making behind how an inheritance is split up and avoid any feelings of betrayal after a parent’s passing, he said.

‘Don’t write a will from anger’

Other things that can complicate the estate planning process are non-traditional family situations such as same-sex couples, gender transitions, assisted reproduction or surrogacies. Anything that can create ambiguity in how wills or trusts are interpreted requires creative solutions, experts say.

Shenkman recommends involving an objective third party, such as a trust protector or friend, in the estate planning process to provide impartial perspectives for when it’s time to read the will.

Many people avoid writing a will or creating a trust at all due to procrastination or superstition surrounding death, experts say. But reframing the estate planning process as leaving a positive legacy, rather than just distributing assets after death, can help clients take on a more compassionate long-term view.

“The first step to avoiding these kinds of hardships is do everything from a compassionate perspective, not from anger,” Shenkman said. “Don’t write a will from anger. Don’t write an estate plan from anger.”

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Prices of top 25 Medicare Part D drugs have nearly doubled: AARP

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List prices for the top 25 prescription drugs covered by Medicare Part D have nearly doubled, on average, since they were first brought to market, according to a new AARP report.

Moreover, that price growth has often exceeded the rate of inflation, according to the interest group representing Americans ages 50 and over.

The analysis comes as Medicare now has the ability to negotiate prescription drug costs after the Inflation Reduction Act was signed into law by President Joe Biden in 2022.

Notably, only certain drugs are eligible for those price negotiations.

The Biden administration in August released a list of the first 10 drugs to be included, which may prompt an estimated $6 billion in net savings for Medicare in 2026.

Another list of 15 Part D drugs selected for negotiation for 2027 is set to be announced by Feb. 1 by the Centers for Medicare and Medicaid Services.

Biden administration releases prices of 10 drugs in Medicare negotiations

AARP studied the top 25 Part D drugs as of 2022 that are not currently subject to Medicare price negotiation. However, there is a “pretty strong likelihood” at least some of the drugs on that list may be selected in the second line of negotiation, according to Leigh Purvis, prescription drug policy principal at AARP.

Those 25 drugs have increased by an average of 98%, or nearly doubled, since they entered the market, the research found, with lifetime price increases ranging from 0% to 293%.

Price increases that took place after the drugs began selling on the market were responsible for a “substantial portion” of the current list prices, AARP found.

The top 25 treatments have been on the market for an average of 11 years, with timelines ranging from five to 28 years.

The findings highlight the importance of allowing Medicare to negotiate drug prices, as well as having a mechanism to discourage annual price increases, Purvis said. Under the Inflation Reduction Act, drug companies will also be penalized for price increases that exceed inflation.

Notably, a new $2,000 annual cap on out-of-pocket Part D prescription drug costs goes into effect this year. Beneficiaries will also have the option of spreading out those costs over the course of the year, rather than paying all at once. Insulin has also been capped at $35 per month for Medicare beneficiaries.

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Those caps help people who were previously spending upwards of $10,000 per year on their cost sharing of Part D prescription drugs, according to Purvis.

“The fact that there’s now a limit is incredibly important for them, but then also really important for everyone,” Purvis said. “Because everyone is just one very expensive prescription away from needing that out-of-pocket cap.”

The new law also expands an extra help program for Part D beneficiaries with low incomes.

“We do hear about people having to choose between splitting their pills to make them last longer, or between groceries and filling a prescription,” said Natalie Kean, director of federal health advocacy at Justice in Aging.

“The pressure of costs and prescription drugs is real, and especially for people with low incomes, who are trying to just meet their day-to-day needs,” Kean said.

As the new changes go into effect, retirees should notice tangible differences when they’re filling their prescriptions, she said.

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Personal Finance

How much money you should save for a comfortable retirement

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Many Americans are anxious and confused when it comes to saving for retirement.

One of those pain points: How much should households be setting aside to give themselves a good chance at financial security in older age?

More than half of Americans lack confidence in their ability to retire when they want and to sustain a comfortable life, according to a 2024 poll by the Bipartisan Policy Center.

It’s easy to see why people are unsure of themselves: Retirement savings is an inexact science.

“It’s really a hard question to answer,” said Philip Chao, a certified financial planner and founder of Experiential Wealth, based in Cabin John, Maryland.

“Everyone’s answer is different,” Chao said. “There is no magic number.”

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Why?

Savings rates change from person to person based on factors such as income and when they started saving. It’s also inherently impossible for anyone to know when they’ll stop working, how long they’ll live, or how financial conditions may evolve — all of which impact the value of one’s nest egg and how long it must last.

That said, there are guideposts and truisms that will give many savers a good shot at getting it right, experts said.

15% is ‘probably the right place to start’

“I think a total savings rate of 15% is probably the right place to start,” said CFP David Blanchett, head of retirement research at PGIM, the asset management arm of Prudential Financial.

The percentage is a share of savers’ annual income before taxes. It includes any money workers might get from a company 401(k) match.

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Those with lower earnings — say, less than $50,000 a year — can probably save less, perhaps around 10%, Blanchett said, as a rough approximation.

Conversely, higher earners — perhaps those who make more than $200,000 a year — may need to save closer to 20%, he said.

These disparities are due to the progressive nature of Social Security. Benefits generally account for a bigger chunk of lower earners’ retirement income relative to higher earners. Those with higher salaries must save more to compensate.

“If I make $5 million, I don’t really care about Social Security, because it won’t really make a dent,” Chao said.

How to think about retirement savings

Daniel De La Hoz | Moment | Getty Images

Households should have a basic idea of why they’re saving, Chao said.

Savings will help cover, at a minimum, essential expenses such as food and housing throughout retirement, which may last decades, Chao said. Hopefully there will be additional funds for spending on nonessential items such as travel.

This income generally comes from a combination of personal savings and Social Security. Between those sources, households generally need enough money each year to replace about 70% to 75% of the salaries they earned just before retirement, Chao said.

There is no magic number.

Philip Chao

CFP, founder of Experiential Wealth

Fidelity, the largest administrator of 401(k) plans, pegs that replacement rate at 55% to 80% for workers to be able to maintain their lifestyle in retirement.

Of that, about 45 percentage points would come from savings, Fidelity wrote in an October analysis.

To get there, people should save 15% a year from age 25 to 67, the firm estimates. The rate may be lower for those with a pension, it said.

The savings rate also rises for those who start later: Someone who starts saving at 35 years old would need to save 23% a year, for example, Fidelity estimates.

An example of how much to save

Retirement Planning: How to Maximize Your Financial Future

Here’s a basic example from Fidelity of how the financial calculus might work: Let’s say a 25-year-old woman earns $54,000 a year. Assuming a 1.5% raise each year, after inflation, her salary would be $100,000 by age 67.

Her savings would likely need to generate about $45,000 a year, adjusted for inflation, to maintain her lifestyle after age 67. This figure is 45% of her $100,000 income before retirement, which is Fidelity’s estimate for an adequate personal savings rate.

Since the worker currently gets a 5% dollar-for-dollar match on her 401(k) plan contributions, she’d need to save 10% of her income each year, starting with $5,400 this year — for a total of 15% toward retirement.

However, 15% won’t necessarily be an accurate guide for everyone, experts said.

“The more you make, the more you have to save,” Blanchett said. “I think that’s a really important piece, given the way Social Security benefits adjust based upon your historical earnings history.”

Keys to success: ‘Start early and save often’

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There are some keys to general success for retirement, experts said.

  1. “Start early and save often,” Chao said. “That’s the main thing.” This helps build a savings habit and gives more time for investments to grow, experts said.
  2. “If you can’t save 15%, then save 5%, save whatever you can — even 1% — so you get in the habit of knowing you need to put money away,” Blanchett said. “Start when you can, where you can.”
  3. Every time you get a raise, save at least a portion instead of spending it all. Blanchett recommends setting aside at least a quarter of each raise. Otherwise, your savings rate will lag your more expensive lifestyle.
  4. Many people invest too conservatively, Chao said. Investors need an adequate mix of assets such as stocks and bonds to ensure investments grow adequately over decades. Target-date funds aren’t optimal for everyone, but provide a “pretty good” asset allocation for most savers, Blanchett said.
  5. Save for retirement in a tax-advantaged account like a 401(k) plan or an individual retirement account, rather than a taxable brokerage account, if possible. The latter will generally erode more savings due to taxes, Blanchett said.
  6. Delaying retirement is “the silver bullet” to make your retirement savings last longer, Blanchett said. One caution: Workers can’t always count on this option being available.
  7. Don’t forget about “vesting” rules for your 401(k) match. You may not be entitled to that money until after a few years of service.

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Personal Finance

Missing quarterly tax payment could trigger ‘unexpected penalties’

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The fourth-quarter estimated tax deadline for 2024 is Jan. 15, and missing a payment could trigger “unexpected penalties and fees” when filing your return, according to the IRS.

Typically, estimated taxes apply to income without withholdings, such as earnings from freelance work, a small business or investments. But you could still owe taxes for full-time or retirement income if you didn’t withhold enough.

You could also owe fourth-quarter taxes for year-end bonuses, stock dividends, capital gains from mutual fund payouts or profits from crypto sales and more, the IRS said.    

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Federal income taxes are “pay as you go,” meaning the IRS expects payments throughout the year as you make income, said certified public accountant Brian Long, senior tax advisor at Wealth Enhancement in Minneapolis. 

If you miss the Jan. 15 deadline, you may incur an interest-based penalty based on the current interest rate and how much you should have paid. That penalty compounds daily.

Tax withholdings, estimated payments or a combination of the two, can “help avoid a surprise tax bill at tax time,” according to the IRS.

What to know about the ‘safe harbor’ rules

However, you could still owe taxes for 2024 if you make more than expected and don’t adjust your tax payments.

“The good thing about this last quarterly payment is that most individuals should have their year-end numbers finalized,” said Sheneya Wilson, a CPA and founder of Fola Financial in New York.

How to make quarterly estimated tax payments

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