"How can I plan?" asked Mary. "We just sold our home and bought a retirement condo. Our older child just moved across the country and our younger child will be getting married later this year. With so much change, how can we make plans?"

Life Changes Quickly

In each of our lives, change comes very quickly. You are going to face new circumstances every year.
Yet planning exists to prepare for life—and to give your family members better lives. It is essential to create goals that help your family live better in the midst of new circumstances.
Planning for the future is a key part of a successful life. Even if you or your family are going through major changes, there are several basic steps that will help you succeed in your plans.

Set Goals

Step one for a successful life is to have goals. It has been said, "If you don't know where you're going, you're not likely to get there." This is very true about goals for your family and for your estate.
Often, single persons or couples meet with a professional advisor and have not considered setting specific goals. Your advisor in this circumstance will try to be helpful and suggest "typical" goals.
However, think about goal-setting as though you are purchasing a birthday gift for a family member in a clothing store. You might look at many different shirts or pants for that person. A clothing store might have 20, 30, or even 50 different sizes. One size does not fit all in the area of clothing, and it also doesn't work for your family and estate plan.
How do you find the "right size?" That shirt or slacks for a family member must fit properly. In your planning for family, it's important to decide the right time and amounts for an inheritance to be most beneficial for your children, nephews and nieces. Your other goals may include the age for heirs to receive property and reducing costs and death taxes.

What Do You Own?

Can you write down a list of all the property you own? A single person will often own items outright, although there may be a mortgage or other debt obligation against real property. However, married couples have at least three different types of potential ownership. Property could be owned individually by spouses or owned jointly. In some states, the property could be held in a type of joint ownership called community property.
Understanding your property starts with listing all of your assets including your savings account, certificates of deposit, home, IRA, 401(k) and personal assets.

Children, Nephews and Nieces

Your plan to benefit family through your estate will vary greatly, depending upon the ages and circumstances of your children and their needs. For parents with minor children, a key decision is to select a guardian. Minor children also need to have property held in trust, so there is appropriate investment and expenditure of those funds. For adult children, it's important to think through the right time, right amount and right type of inheritance. Many families find that a trust that pays income for a number of years to adult children is also a very helpful method to provide added security for them.

Wills and Trusts

Do you have a will? Is it current? You should review your will periodically and discuss your plan with your attorney. If you have a substantial estate, a will with a trust may be appropriate. Because a will does not provide for your care in a medical emergency, you will want to make sure that your estate planning includes a will, a durable power of attorney for healthcare and a living will to handle end-of-life issues.

Planning for Probate

How can you avoid probate? Generally, most individuals can avoid probate for a large portion of their assets.
The probate process is important because when a person passes away, his or her property must first be used to pay bills, expenses and debts. An executor or personal representative is appointed to gather an inventory of all assets, conserve assets for all beneficiaries and make certain to carry out the decedent's intentions as written in his or her will.
The probate process specifically applies to assets transferred under your will. However, many types of assets are transferred through other means. Trusts, IRAs and insurance are subject to the terms of the agreement or beneficiary designation. Property held in joint tenancy with right of survivorship is transferred to the survivor whose name is on title.
Pay-on-death and other types of accounts can also avoid probate. However, all parts of your entire plan need to work together. When a plan has not been carefully developed to meet your goals, there may be an expensive and heart-rending fight over property by your heirs.
A good plan will give one of the best possible gifts to your family—the gift of peace.

I'm interested in getting my 78-year-old mother a tablet for video calls and email but want to get her one that's simple to use. What can you recommend?
There are several different ways you can go about getting your mom a simplified tablet that's easy for her to use. Depending on how much help she needs and how much you're willing to spend, here are some different options to consider.

Simplify a Tablet

If you or your mom already has a tablet, but it's too difficult for her to use, you can install a free senior-friendly software application on it like Oscar Senior (OscarSenior.com), which works on Apple iPads and Android tablets.
This app will change the appearance and performance of your tablet into a simplified device with big understandable icons for only commonly used features (video calls, photos, instant messages, Internet, news, weather, reminders, contacts, etc.) with no clutter. It even offers remote access capabilities so you can gain access to your mom's tablet from your smartphone, so you can see what she sees, and help her if she gets stuck.

Limited Tech Skills

If you're interested in purchasing your mom a new tablet that's specifically designed for seniors, you have options here too, depending on how simple it needs to be.
For seniors with some, but limited computer/tablet skills, there's AARP's RealPad, which is an Android Intel tablet with a 7.85-inch touchscreen that provides a simplified home page with large text icons for frequently used functions. It also comes with 24/7 phone support and a "Real QuickFix" tool that connects users to technology support agents over the Internet who can access the tablet and fix problems. Available at AARPrealpad.org for only $60, AARP recently announced that the RealPad will be discontinued when inventory sells out in a few months, but they will continue offering customer/technical support throughout the life of the product.

No Tech Skills

If your mother is completely unfamiliar with technology, two simpler options are the GrandPad and Claris Companion.
GrandPad is a 7-inch touchscreen Android tablet that is designed for seniors, ages 75 and older. It comes with a stylus, charging stand and Verizon 4G LTE built-in so it works anywhere within the Verizon network - home Wi-Fi is not necessary.
This tablet provides a simplified menu of big colorful icons and large text for only essential features, giving your mom clutter-free, one-touch access to make phone calls and video calls, send voice emails, view photos and videos, listen to personalized music, check the weather, play games and more. To simplify usage and avoid confusion, it does not offer Web browsing.
GrandPad also has a "Help" button that offers 24/7 phone/tablet remote assistance to help your mom with any facet of her tablet and it provides damage and theft insurance so if your mom breaks or loses her tablet it will be replaced at no additional cost. It is available at grandPad.net or you can call 800-704-9412. The GrandPad leases for $60 per month, or $53/month if you pay one year in advance.
Another option is the Claris Companion (ClarisCompanion.com, 866-284-4939). It offers Wi-Fi and 4G tablets that cost $549 and $649 respectively, plus a $29 and $49 monthly subscription fee.
These tablets are designed specifically for elderly seniors living at home so their family can connect with them socially via video calls, email, text messages and photos. It also gives caregivers the ability to receive alerts and monitor compliance with medications, treatments and important appointments.
Claris Companions are 10-inch Android tablets that have big buttons and text to only essential functions. They come in a thick bamboo frame, with a charging stand that prop them up and can be customized to fit your mom's needs and abilities. Claris also offers a lower cost tablet option for $349 and an Android app for $29.
Savvy Living is written by Jim Miller, a regular contributor to the NBC Today Show and author of "The Savvy Living” book. Any links in this article are offered as a service and there is no endorsement of any product. These articles are offered as a helpful and informative service to our friends and may not always reflect this organization’s official position on some topics. Jim invites you to send your senior questions to: Savvy Living, P.O. Box 5443, Norman, OK 73070.

Can you tell me how to go about replacing important lost documents? My wife and I recently downsized to a retirement community, and somewhere in the move we lost our Social Security and Medicare cards, birth certificates, marriage license and passports.
Replacing important documents that are lost, stolen or damaged is pretty easy if you know where to turn. Here are the replacement resources for each document you mentioned, along with some tips to protect you from identity theft, which can happen if your documents end up in the wrong hands.
Birth certificate: If you were born in the United States, contact the vital records office in the state where you were born (see cdc.gov/nchs/w2w.htm for contact information). This office will give you specific instructions that will explain how to order a certified copy and what it will cost you. Birth certificate fees range between $9 and $30.
Social Security card: You can replace a lost or stolen Social Security card for free. If you live in the District of Columbia, Michigan, Nebraska, Washington or Wisconsin, you can do it online at ssa.gov/ssnumber. If you live outside these areas, you'll need to fill out Form SS-5 (see ssa.gov/forms/ss-5.pdf to print a copy) and take it in or mail it to your nearby Social Security office, along with either your U.S. driver's license, a state-issued non-driver ID card or a U.S. passport (photocopies are not accepted). Any documents you mail will be returned to you. To find the Social Security office that serves your area, call 800-772-1213 or see ssa.gov/locator.
You also need to be aware that losing your Social Security card puts you at risk for identity theft. If you find that someone uses your Social Security number to obtain credit, loans, telephone accounts, or other goods and services, report it immediately to the Federal Trade Commission at IdentityTheft.gov (or 877-438-4338). This website also provides specific steps that you'll need to take in order to handle this problem.
Medicare card: To replace your Medicare card for free, just call the Social Security Administration at 800-772-1213 or contact your local Social Security office. You can also request one online at ssa.gov/myaccount. Your card will arrive in the mail in about 30 days.
Since you lost your Medicare card, you also need to watch out for Medicare fraud. Check your Medicare Summary Notice for services you did not receive and, if you spot any, call the Inspector General's fraud hotline at 800-447-8477 to report them.
Marriage certificate: Contact your state's vital records office to order a copy (see cdc.gov/nchs/w2w.htm). You'll need to provide your full names for you and your spouse, the date of your wedding, and the city or town where the wedding was performed. Fees range from $10 to $30.
Note: Divorce certificates can also be ordered from your state's vital records office (fees range from $5 to $30), and divorce decree documents can be obtained from the county clerk's office in the city or county where the divorce was granted.
Passport: A lost passport also puts you at risk for identity theft, so you need to report this as soon as possible to the U.S. State Department. Go to travel.state.gov/content/passports/en/passports/lost-stolen.html and fill out Form DS-64. You'll receive an e-mail acknowledging that your report was received. Within a couple of days, you'll receive another e-mail (or letter, if you request that option) confirming that your passport has been entered into the Consular Lost or Stolen Database.
You can apply for a replacement passport at a Passport Application Acceptance Facility. Many post offices, public libraries and local government offices serve as such facilities. You can search for the nearest authorized facility at iafdb.travel.state.gov. The fee for a replacement passport is $135.
Savvy Living is written by Jim Miller, a regular contributor to the NBC Today Show and author of "The Savvy Living” book. Any links in this article are offered as a service and there is no endorsement of any product. These articles are offered as a helpful and informative service to our friends and may not always reflect this organization’s official position on some topics. Jim invites you to send your senior questions to: Savvy Living, P.O. Box 5443, Norman, OK 73070.

The American Taxpayer Relief Act of 2012 created permanent rules for federal estate planning. These principles are helpful in creating estate plans, since there now is reasonable certainty.
Estate Exemption – There is an applicable exclusion amount of $5 million plus indexed increases. For 2016, the exclusion amount is $5.45 million. This amount also applies to gifts and to generation skipping transfer taxes.
Estate Tax Rate – Those estates over the exclusion amount will be taxed at 40%. Estate tax equals $345,800 on the first $1,000,000 and 40% of the excess over that amount, reduced by the applicable exclusion amount. This amount for 2016 is calculated based on a $5.45 million estate and will be $2,125,800. The $5.45 million number will be adjusted for inflation in future years.
Marital Portability – Under "marital portability," a surviving spouse may have both exclusion amounts available. The applicable exclusion amount for a surviving spouse will be the basic exclusion amount of $5 million with cost of living increment plus the "deceased spousal unused exclusion amount." The unused exclusion will be the exclusion amount of the deceased spouse in excess of the basic exclusion amount used in the estate of that spouse. The unused exclusion amount will not be adjusted further for inflation. In order to benefit from this provision, the deceased spouse must die after 2010 and the executor must make an irrevocable election on the federal estate tax return.
If the deceased spouse transfers all assets to the surviving spouse using the unlimited marital deduction, then the surviving spouse should have available the full value of both exclusions. The amount of exclusion cannot exceed twice the basic exclusion amount and only the remaining exclusion of the last deceased spouse may be utilized.
Gift Taxes – There are two exclusions for gifts during life. Present interest gifts qualify for a $14,000 (in 2016) annual exclusion. This gift exclusion is intended to cover birthday, holiday and other gifts. There is one exclusion for each donor and each donee. For example, a couple with two children may give up to $56,000 to their children in 2016 by using four gift exclusions.
Each person also has a lifetime gift exclusion amount equal to the estate exclusion amount for that year. If the gifts exceed annual exclusion amounts, the balance will be reported on the IRS Gift Tax Return Form 709. The amount of gifts reported on Form 709 will reduce the available estate exemption. Gifts in excess of both the annual exclusions and the lifetime gift applicable exclusion amount will be subject to a 40% gift tax.
Generation Skipping Tax – If a donor transfers property to a grandchild during life or through an estate, there is potentially another transfer tax. The generation skipping tax (GST) is 40% on transfers to grandchildren or great-grandchildren that exceed the GST applicable exclusion amount. This GST exclusion is the same as the estate exclusion for the year of the transfer.

Bypass Trusts

Because there is an estate tax with an exemption of $5.45 million in 2016, it will continue to be important for individuals with large estates to create "bypass trusts." The bypass trust is a trust created in the estate of the first spouse to die. It typically will benefit the surviving spouse and the trust principal may then be transferred to children without further estate taxation.
There are two general types of bypass trusts. The conventional bypass trust pays income to the surviving spouse. When he or she passes away, the trust is distributed to children. For individuals who have large IRAs, 401Ks or other qualified pension plans, another option is a "bypass charitable remainder trust."

Bypass Trust Potential Tax Savings

For a couple with larger assets, a bypass trust is created in the estate of the first spouse to pass away. It is typically funded at the amount of the estate exemption. The bypass trust saves future estate tax because the tax in the first estate is offset by the exemption of the first spouse. Because the bypass trust is subject to tax in the first estate (but covered by the estate exemption), it is not taxable in the second estate. While the portability of the marital deduction permits the first spouse to use a simple will and transfer assets to the surviving spouse, a bypass trust permits the appreciation of trust assets during the lifetime of surviving spouse to escape taxation. The savings on this appreciation could be quite substantial in a larger estate.
Assume that there is a $5.45 million exemption per person and Joe and Jane have a $10.9 million estate. They have a simple will with all to the survivor. Joe passes away and transfers his half of the estate to Jane. She then owns all $10.9 million in assets. There is no tax because of the unlimited marital deduction. Joe's executor elects to pass to Jane the $5.45 million "deceased spouse unused exemption amount (DSUEA)."
In the ten years before Jane's death, the estate grows to $14.45 million and Jane's exemption is increased by indexing from $5.45 million to $6 million. When Jane passes away ten years later, her exemption plus the DSUEA total $11.45 million. However, the estate is $14.45 million and $3 million of her estate is taxable. The estate tax at 40% is $1.2 million.
Bill and Betty also have a $10.9 million estate. However, both of them create plans with a bypass trust. Bill passes away in 2016 and his entire $5.45 million estate is transferred to a bypass trust. The trust is exempt because of the $5.45 million estate exemption. Therefore, Bill's estate pays no estate tax. Betty receives income from the bypass trust for her lifetime. When she passes away, the bypass trust and her estate are each $7.17 million. Only her estate is subject to tax. With a $7.17 million estate and a $6 million exemption, the tax is $468,000. The bypass trust saved $732,000 in estate tax.

Bypass Trust Powers

The bypass trust is designed to use the exemption in the first estate and to avoid any tax in the second estate. In order to do this, the trustee must have limited powers to transfer assets to the surviving spouse. If the trustee, who may also be the surviving spouse, can simply transfer the property from the trust for his or her comfort or well-being, there is not an "ascertainable standard" and the trust will be included in his or her estate.
Therefore, the bypass trust typically has a requirement to pay income to the surviving spouse and a permission to transfer principal to the surviving spouse under a "health, education, maintenance and support" standard. In essence, there is an "ascertainable standard" that governs the circumstances in which assets may be transferred to the surviving spouse.
It is also permissible to give the trustee a power to invade the trust to the extent of the greater of $5,000 or 5% of trust assets each year. This power is used fairly infrequently because the assets transferred from the bypass trust to the surviving spouse will be subject to estate tax when he or she passes away.

Bypass Trust Pitfalls

There are many benefits of a bypass trust, but there are also some cautions. First, if the family residence is transferred into the bypass trust, it will usually receive a stepped-up basis to the value when the first spouse passes away. If the home does not appreciate, the bypass trust could sell it without paying capital gains tax. However, if the house is held for a period of years and appreciates, the bypass trust does not qualify for the $250,000 capital gain exclusion for sale of a principal residence. Therefore, there could be substantial capital gains tax payable on that residence if sold by the bypass trust.
Second, if there is a blended family that is going to receive the bypass trust remainder, the spouse may attempt to use the "health, education, maintenance and support" standard to invade the trust. For example, if the surviving spouse is the second husband or wife and the remainder of the bypass trust is going to children of the first marriage, he or she may attempt to invade the trust and then transfer it to his or her own children.
Finally, there could be conflict between the surviving spouse and a child. If the surviving spouse becomes ill and a child takes over as trustee, the child may be reluctant to provide high quality and expensive care for surviving spouse. This expensive care would deplete the trust and reduce the inheritance of the child. Therefore, this conflict of interest could cause problems.

Rights of the Surviving Spouse

In most cases, the surviving spouse will be trustee and will receive all income from the bypass trust. The surviving spouse will have the right to control the property. If there is a family residence in the trust, he or she will be able to live in the home.
Following the standards set up under the health, education, maintenance and support rule for invasion of principal, a surviving spouse may (with appropriate justification) invade principal. Finally, some trusts permit the surviving spouse the greater of $5,000 or 5% invasion power to take principal from the trust.

Bypass Formula Clause

The bypass trust normally is funded with a formula clause in the estate of the first person to pass away. Within that estate, there will be a fractional share or fixed dollar clause that is designed to allocate the maximum amount to the trust that will avoid federal estate tax. If the exemption equivalent is $5.45 million, that amount is generally allocated to the bypass trust.
The spouses and their counsel should also consider the impact of potential state inheritance or estate taxes. For most states, there will be tax that may be levied even on the first estate. Because the state inheritance and estate tax rates are lower than the federal tax, it may still be appropriate to fully fund the bypass trust. However, counsel and the two spouses should review the state tax impact on their plan.

Retirement Funds to Bypass Trust

If the first spouse to pass away has a majority of his or her estate in taxable retirement funds, it may be necessary to use those assets to fund the bypass trust. It is quite easy to do so through a beneficiary designation for the IRA, 401K or other qualified plan. For a 401K or in a community property state, it is necessary to have a spousal consent to fund the trust. In most cases, counsel will require a spousal consent if a trust is to be funded with an IRA, 401K or other qualified retirement plan.
The potential disadvantage of funding the bypass trust with a taxable retirement plan is that it is a wasting asset. That is, as the qualified plan is paid out to the bypass trust, it is subject to income tax. The federal and state income tax may exceed 40% on the plan payouts.
For example, with a $2 million IRA paid to the bypass trust over a 12 year expectancy of a surviving spouse, there could be $800,000 in federal and state income tax. The $2 million IRA could be reduced to $1.2 million after tax.

Bypass Charitable Remainder Unitrust

If the estate is fairly substantial, it may be preferable to transfer the IRA, 401K or other qualified plan into a bypass charitable reminder unitrust (CRT).
The bypass CRT is usually a 5% payout unitrust. It may exist for the life of spouse and lives of children, or it may exist for the life of surviving spouse plus a term of up to 20 years for children.
Because the bypass CRT qualifies for the use of the estate exemption and there is a charitable estate deduction for the value of the remainder interest, it may be larger than the typical bypass trust. For example, with a $5.45 million exemption and a $750,000 present value of the remainder interest, it may be possible to fund the bypass CRT with $6 million and still have zero estate tax.
The CRT has the benefit of tax-exempt status. It may receive the full distribution from an IRA, 401K or other qualified plan tax free. The full value of the plan may then be invested for the benefit of the surviving spouse and children. The value of the total income distributed over a long period of time may actually be similar to the value of income plus principal in a regular bypass trust. With a regular bypass trust, the IRA or 401K will be depleted by payment of a very high income tax rate.

$3 Million IRA to Bypass Trust or to Bypass CRT?

Mary has a $3 million IRA and $3 million in other assets. She passes away and transfers those assets into her $6 million bypass trust for the benefit of husband Joe. The IRA is paid out over the 12 year expectancy of her surviving spouse, Joe. There is $1.2 million in income tax paid on the $3 million IRA, leaving $4.8 million in the bypass trust. Husband Joe and the children receive income from $4.8 million for their lifetimes.
Martha also has a $3 million IRA and $3 million in other assets. She transfers both assets into a bypass charitable remainder trust. The $6 million trust receives a $3 million IRA distribution, but it is tax-exempt. All $6 million is invested to earn income for family for the duration of the lives of surviving spouse Mitchell and their children. This trust will eventually be transferred to charity, but the increased life income to family makes up for the future gift to charity.