Boston Estate Planning and Probate Lawyer & Attorney : Gosselin & Associates Law Firm : Serving Boston, Winchester, Hingham, Wellesley, Manchester

One week ago today I joined Facebook on the invitation of one friend from high school. In that short time I have amassed 118 "friends", all people that I have known over the years around town, schools and clients. It is a fascinating way to have just that level of relationship that you want with someone from the past without the commitment of an actual telephone call or awkward drink at a reunion. You control your own photos, so people only see you in the best light and you control the information, so those dark and dirty bits stay in the shade. I think a simple modification of Facebook for elder law situations would be to use it as a communication center for families facing crisis and the issues around crisis management. The "friends" could be the service providers, family members, elder law lawyer and others that need to be 'au current' with goings on in the life of the elder. Hmmm. Maybe I should invent Facebook for elder care??? What would I do with a few billion dollars????

• Email This
• Print
• Comments
• Trackbacks

MY LIVING WILL

Last night my wife and I were sitting in the den and I said to her,

'I never want to live in a vegetative state, dependent on some machine
and fluids from a bottle to keep me alive. That would be no quality of
life at all, If that ever happens, just pull the plug.'

So she got up, unplugged the computer, and threw out my wine.

:)

• Email This
• Print
• Comments
• Trackbacks

Reverse mortgages are not just for poor people anymore. I am tired of hearing about reverse mortgages - in the past six months it's as if someone flipped a switch to turn up the noise, not necessarily the quality, of the messaging to elders about reverse mortgages.  

In my practice as an estate planner in Massachusetts I am often called upon to "get creative" on behalf of clients. As one of only a few true legal experts in the reverse mortgage industry, my creativity often opens the discussion with clients about complex uses of reverse mortgages in estate planning.

 I have developed several methods to leverage the equity value of a client's house to enhance either the economic benefit or overall personal security of clients. To explain the concepts in shorthand, Gosselin Law claims a servicemark on the shorthand names of many of our approaches. Here are examples of somewhat magical things that can be done with reverse mortgages as an estate planning tool.

GOLDEN TRIANGLE(sm). The Golden Triangle demonstrates to elders looking to plan for long term care how to use the reverse mortgage as a tool for closing the five year gap provided under the new Medicaid laws. It is a triangle as there is an estate plan, a long term care plan and a reverse mortgage plan coming together to provide for both current and future long term care needs. Here's how it works:

Mary, a 77 year old widow in Boston, has lived in her own home for over 40 years. This is the house that sheltered her family, where her dear husband passed and where she intends to stay until the very end. Although Mary has a good pension from the Commonwealth of Massachusetts, Social Security and adequate short term savings,  Mary is concerned that if she needed long term medical care that she could not afford to remain in her home or pay for a nursing home. Mary also wants to provide as much for her family upon her death as possible; after all she and her husband both worked hard to be able to leave something for their three children.

Mary's good health and family history of longevity helps indicate that Mary will likely grow to be very old. Her home is valued at $450,000 in today's real estate market. Based on her age, current interest rates and the property's values, Mary's HECM line of credit will be about $280,000 at closing. Mary qualifies for long term care insurance, but she feels that the $5,000 annual premium, although vitally important to her ability to remain in her home, is too much to pay on her fixed income. As many elder law lawyer advised her to  transfer the house to avoid exposure to a Medicaid lien - but every technique available requires a 5 year waiting period before she would be elegible for Medicaid.  At 77, Mary could live 15, 20 years or even longer - so even with her fixed income and ongoing inflation, she will no longer be able to afford to stay in her home in the not so distant future.

By securing a HECM reverse mortgage line of credit or similar reverse mortgage product, Mary will enable herself to have access to both a current and ready pool of cash, but also an appreciating line of credit that will be available to her for the rest of her life. Using a $5,000 per year draw, Mary will be able to buy the "Cadillac" of long term care insurance (including extensive home care benefits and high benefit limits) which will also serve to exempt her house from Medicaid liens immediately, without waiting for five years. At the same time, Mary's estate planning will have time to season. After five years, Mary will have had the peace of mind in the form of long term care insurance, lifetime financial security, and in her ever increasing available HECM cash and a now permanent estate plan to carry out her wishes. A Golden Triangle, indeed.

An interesting variation on the reverse mortgage that could work well in the Golden Triangle is the "Retirement Mortgage" from Virgin Money. Essentially a child acts as the reverse mortgage lender, documents the transaction as a loan to ensure that he or she is repaid before any other siblings at the time of the elder's death. I am a big proponent of Virgin Money (full disclosure is that I am working with Virgin Money in developing new and exciting products for the US market), on the principle that families should be helping each other first before turning to often high cost products from the financial services community. 

SNOWBIRD(sm). In the Snowbird(sm) we show reverse mortgage companies how to prospect with sunbelt real estate agents to facilitate the purchase of properties with reverse mortgages, primary residences can be obtained with a reverse mortgage purchase money mortgage, and secondary residence by using a reverse mortgage leveraged primary residence in Massachusetts as collateral for the real estate purchase. Similarly, we show elder homeowners how to conserve cash by using reverse mortgages as purchase money mortgages. Here's an example:

Bob and Cathy, 70 and 68 respectively, haved lived in their lovely 4 bedroom home in Newton for over 30 years. Now retired, Bob and Cathy enjoy playing golf, sailing and visiting with their two children and their families (who both live in the Greater Boston area). As much as they enjoy the New England seasons, they enjoy spending the Winter and long weekends in Florida. They have made many new friends and enjoy the Florida lifestyle, especially in the Clearwater Beach area.

Financially, Bob and Cathy have not fared too well. Bob worked for Polaroid for over 30 years, but because of its collapse, his pension benefits and stock savings (all in Polaroid stock) are meager at best. Bob continues to work part time at The Country Club in Brookline, which also gets him some free time on the greens. Cathy never worked outside the home, but has been doing quite well organizing Ebay sales for her friends and neighbors looking to downsize their homes. The thought of doing this at this point in her life brings Cathy to tears, but she and Bob agree that they would enjoy having a place in Florida during their healthy retirement years.

Based on Bob and Cathy's ages, current interest rates and the $800,000 value of their Newton home, they could borrow approximately $425,000 in reverse mortgage cash. They could draw it all at the closing or take some in a lump sum and leave rest to be available for future withdrawals. Bob and Cathy would very much like to purchase a $200,000 condominium in Clearwater Beach condominiums, not far from their favorite public golf course.

By taking out a reverse mortgage as above, Bob and Cathy will have the best of all worlds. They will have the cash they need to buy the Florida condominium outright (and enjoy its appreciation throughout their retirement), a financial cushion in the form of the remaining credit line on their Newton home, and most importantly, will be able to keep and enjoy their home. Of course, interest will acrrue on their borrowings, but between the expected appreciation of the Florida property and the value they place on the two-home lifestyle, Bob and Cathy will have it all in retirement thanks to the Snowbird.

ROBINHOOD(sm). The Robinhood(sm) guides more sophisticated and larger property value elders on the use of asset leverage by using other financial products, especially second to die life insurance. In simple terms, the reverse mortgage is used to pay premiums and the actuarial analysis results in a positive arbitrage for the reverse mortgage borrower. Here's a simple example to ilustrate the idea:

Mike and Sheila enjoy financial security by anyone's measure. Mike, recently turned 65, and Sheila, 66, just sold their successful software company to a larger competitor - realizing over $10 million in restricted stock in the buyer from the sale. Adding that to their $2 million primary residence in Brookline, $3 million Nantucket home and $5 million in other savings, mainly in qualified retirement plans, Mike and Sheila will pass a large estate on to their five children. Or, will they only fill the coffers of the US Treasury? Based on a $20 million estate, Mike and Sheila's estate planning attorney showed them a potential estate tax of over $6 million if they were to die this year.

If we were their attorneys, we would suggest setting up an irrevocable life insurance trust (ILIT) to hold a survivorship (second to die) life insurance policy. As wealthy as they may seem, Mike and Sheila lack sufficient liquidity to commit to a relatively large insurance premium, although the arbitrage on the numbers clearly show the economic benefit of establishing such an estate plan while they are young and healthy. The solution? A reverse mortgage, either on a line of credit basis where premiums are paid annually or a lump sum cash account where Mike and Sheila can purchase their life insurance (through the ILIT) with a single premium.

By using the reverse mortgage to pay the life insurance premium, Mike and Sheila will get the liquidity they need without running afoul of income tax rules or using restricted or otherwise inaccessible assets to pay for the needed life insurance. Upon the second of Mike and Sheila's death, the overall estate will be liquidated and the reverse mortgage paid in full with part of the cash proceeds of the life insurance policy, the balance to be used for paying estate taxes or direct bequests to their family. Based on a sophisticated side-by-side analysis of their reverse mortgage projections and life insurance guarantees, Mike and Sheila can make an educated arbitrage decision without significant risk of economic loss.

We are not licensed to provide insurance or loan products and any decision to proceed with any of these advanced reverse mortgage plans requires you to work with your trusted advisors. But, Gosselin Law can help our clients evaluate various complex uses of insurance and mortgage tools, as well as suggest reliable sales organizations

Gosselin Law is one of the only elder law firms in the country with a reverse mortgage specialty practice. We can assist homeowners in the states where we are licensed or associated with local counsel with the planning of reverse mortgages, coordination of federal benefits with reverse mortgage loan proceeds and gerneral asset protection and estate planning.

• Email This
• Print
• Comments
• Trackbacks

Middle class Americans are becoming more and more sheltered from those things that make us all human. Most everything is delivered in hermetically sealed packages, lest we be exposed to germs. Sports for children no longer have winners or losers - we wouldn't want to put such labels on our youngsters. And most notably, there is an alarming trend to shield our youth from those things that reveal our humanity. Despite the nightly news having an agenda of Lipitor sales and fear mongering, it shows us a reflection of ourselves. Crime, civil strife, natural disaster are all common themes. While I am not advocating that children need see the mayhem that is war or some of the more suggestive sexual topics that seem to show up at ratings time, I do believe that our children need to know and embrace those things that make us living beings. I mean death. Not Halloween-Freddy Krueger-Dracula-death, mind you, but death as a natural eventuality of life. Children in the inner cities know death all too well. It is a natural eventuality of living in a place of despair, poverty and civil unrest. At least weekly you see a report of gang violence or random bullets hitting some poor soul just trying to get by. These shootings are followed by the expected outpourings of grief, and in the crowd there are inevitably children witnessing the goings on.  In fact, in many other parts of the world, death is such a familiar sight that children are often an integral part of such funerary preparations as washing the body of a recently departed family member. These children know the measure of one life, its value and its fragility. Which brings me back to suburban America. Experts in child blabbochology tell us that children's delicate psyche cannot process the meaning of death. Bull hockey. From my many years working with families facing the crisis that is serious illness and the natural eventuality of death, children, like adults, need to witness the natural course of life. My fear is that without an understanding, or worse with a homogenization of death and its singular beauty, whole generations of our society will view elders and those with dread illnesses as unworthy of their attention. While I am not suggesting that you bring your young child to the next funeral announced in The Boston Globe obituary, I do suggest that you bring your child to visit an infirm elder or a children's ward in a long term care facility such as the Shriner's Burn Center. But when the time comes in your family or neighborhood for a funeral, bring your child. Hold her hand tightly. Tell her it is right to be a little sad. Explain that the decedent has died and that death is our body's natural end. If you have beliefs about what happens next, by all means pass those on then and there. If you have no belief in anything beyond that coffin - share that belief. My father told me a story that will stay with me forever. He lived in Boston in an apartment with his extended family of his parents, grandfather and two uncles. In the mid 1920's one of his uncles went to Vermont to work in the quarries that were hiring strong Irish backs at the time. Within three days he lay crushed under a two ton block of marble, a victim of corporate America's disregard for the lives of their workers. In any event, his body was brought back to Boston to the front parlor of my father's apartment. My then young father, at about 5 years old, sat with his dear uncle and rest of his family for the requisite two days. My father always spoke fondly of this first experience with death and the beauty and intimacy that it provided him. While I'm not advocating "Take a Child to a Funeral Month", I ask parents to re-consider leaving their children out of the ritual that the human world has wrought for honoring and dispatching our dead. Do it for no other reason to assure yourself attendance at your own funeral.

• Email This
• Print
• Comments
• Trackbacks

"Could you pay us $200?" I remember clearly the words that welcomed me to my legal career. After going toe-to-heel and heel-to-toe in the little windowed office, James Dwinell, then Chairman of the Board of Winchester Savings Bank in Winchester, Massachusetts, asked if I could afford the rent as calculated on his sophisticated commercial leasing software platform - 2 size 13 Allen Edmonds wingtips.

James Dwinell passed away this past week at the ripe old age of 98. He was the prototypical small town banker. He was always well dressed. He knew everyone's name. He looked you in the eye. He was on time for appointments and expected others to be on time too. He could tell with just a handshake who would be paying a mortgage back to the Winchester Savings Bank in full and who would be trouble.

As my first landlord he was fair and willing to give me a shot at starting a law practice when no one else in town would rent to a 24 year old looking to hang his shingle. I had one telephone at that time - I would bring it home at night as it was my home phone too. The simple table and single chair made me feel like Atticus Finch, Abraham Lincoln and Oliver Wendell Holmes all at once. Mr. Dwinell was NEVER "Jim" to anyone at the bank, always "Mr. Dwinell", but I was politely honored as "Attorney Gosselin" to him - a novelty for a newly minted lawyer.

Like so many other people in Winchester and Woburn that owed Mr. Dwinell for giving them chances at owning homes or starting businesses, I owe Mr. Dwinell for giving me my start - a start that led to nine happy years in that office on the third floor of the Winchester Savings Bank before moving on to bigger things.

Winchester will miss Mr. Dwinell's leadership and values, but those that he touched will pass on his special way of doing business.

 

 

• Email This
• Print
• Comments
• Trackbacks

Until very recently anyone with reasonable credit standing and some form of income could get a mortgage. Mortgage lenders competed to get the worst borrowers - I am not making this up. So-called "sub-prime" lenders are in the business of making high cost loans to borrowers with marginal track records for paying their debts. Why make such loans? Because they could exact high interest rates from these borrowers and then bundle up these obligations on the secondary market Wall Street-style for investors who not only invested directly in these mortgages, but also hedged (i.e. gambled on changes in the market) among other leveraging techniques to go for the big score on these loans. Sound familiar? Internet stocks anyone?

Look in your morning paper, whoomp! There goes another one. Daily these sub-prime lenders are disappearing into the files of the Bankruptcy Court.

The mainstream lenders that dabbled in these markets with products such as "alt-A" (alternative guidelines for people with good credit) and NINA (no income, no asset - also known as "liar's loans") are running for cover.

They are canceling whole product categories and consolidating lending divisions so they don't appear to Wall Street as having ever been in the Internet (oops), I mean sub-prime, business. Sub-prime loans are built on a house of cards, nothing more than pure speculation on the buoyancy of the real estate market and the hope that the historically worst borrowers will re-pay some of their mortgage debt. It's sort of like hoping that your pet crocodile won't eat your cat. Nature is nature.

There is a loan category that is showing real signs of stability and growth - reverse mortgages. Reverse mortgages are tied to actual equity, hard money lending if you will. They are insured by real insurance from the U.S. Government in the event the lenders can't meet their promises. Reverse mortgages are tied to actual human life expectancy - God is on their side.

It's not to say that we won't see abuses in the reverse mortgage arena as the slimy mortgage originators handling sub-prime loans slither to new products, but for the most part elders who understand the costs and challenges of the reverse mortgage will at least get what they bargained for without regard for the whims of Wall Street's unending thirst for new investment vehicles.

• Email This
• Print
• Comments (1)
• Trackbacks

Practicing in the area of probate law in Massachusetts exposes me to so many good people. Well, most all of my clients and their families are good. It's their relatives that cause all the problems. Over several years of practice I have developed a set of baseline rules for dealing with people in probate cases; I like to call it the Gosselin Theory of Relativity. It boils down to this "friends for pleasure, strangers for business and relatives for no good reason at all." Let me share with you some true to life stories (with the names changed to protect the innocent).

Many years back I had written the estate plan (will and trust) of a then elderly woman of substantial means in the area North of Boston. "Mrs. Jones" had two children. "Elsa" was a loving daughter. She visited Mrs. Jones often and was her confidante and companion as Mrs. Jones' health declined. Elsa was more or less the model daughter. "Aurelius" was a greedy, lying, conniving germ of a man that was born to Mrs. Jones but took a wrong turn on the way out of the nursery. Mrs. Jones only saw him when he was on the lam or looking for a "loan." She never turned him away, but had a plan for him at her death. You see, her estate planning made provisions for Elsa, Elsa's children, even Aurelius' children - but it left nothing to Aurelius. Mrs. Jones, as is common, asked me to keep her papers for safekeeping, only telling Elsa and Aurelius that should something happen to her that they should contact me. Aurelius lived in a Mid-Atlantic state and drove through the night to reach my office at 8:30am.

He was waiting with his car idling for me to come in to work. "Are you Mrs. Jones' lawyer? She died yesterday. She was my mother. I want to know what I'm getting in the will." I knew this day was coming. My instructions were clear from Mrs. Jones that I was to give Aurelius any and all notices required under the probate law of Massachusetts, but nothing more. "You must be Aurelius," I said like any good lawyer who only asks questions fully knowing the answer before they are spoken. "I am so sorry to hear about your mother, she was a kind and thoughtful woman. Your mother's property was held entirely in a trust, her will is of no consequence, the trust is a private document and if there is any reason to contact you in the due course of its administration I will contact you, won't you confirm your address?" I succinctly responded.

After a variety of profanity, Aurelius stomped away. Wouldn't you know that when I called Elsa to inform her that I had met Aurelius her response to me was "Mr. Gosselin, why are you sorry about mother? She is right here with me." I'll be coming back to the theme of greed over the coming weeks, it is an unfortunate necessity of being a probate lawyer. [Housekeeping: I just want to let all of you know that this blogging thing is more time consuming than I ever imagined. So, please excuse short posts or gaps of time, it's my goal to produce a new blog every 3 days or less. Also, my webmaster tells me to make sure I use "magic" words in my blog, like probate, real estate, lawyer, elder law, Massachusetts, Boston, etc.", but I promise to use these terms in their proper context and from time to time to create blogs with no words like probate, elder law, Medicaid, estate planning, Massachusetts, real estate. :)]

• Email This
• Print
• Comments
• Trackbacks

Lipitor, among other statin drugs, has a number of side effects and interactions that can cause various problems in an otherwise healthy person. Valium, Morphine, Coumidin, Avandia, Prilosec, Viagra, Cialis and many other drugs also have their own side effects.

As an elder law attorney, I have no idea what the medical side effects may be, but I do know that the pharmaceutical industry is advertising some very risky behavior. I know because I watch the evening news. Well, the evening news is really just filler for the drug commercials. They declare all sorts of side effects from taking their medication. Everyone knows that strong drugs have strong side effects, no surprise there. "May cause shortness of breath, muscle strain and death. Notify your physician if you experience any of these symptoms." Not sure how "death" is a symptom, seems more like the end of the road to me, but heck, maybe they have a pill to sell you for that too.

 My ten year old son watches the news with me from time to time (with a certain amount of parental control). Last night he saw a Lipitor commercial with me and saw several grown men riding rapids, climbing rocks, fishing in the open ocean and riding bikes down a mountain. His comment was that these "healthy" commercial people were engaged in activities that were obviously more dangerous than taking a cholesterol pill - although there were no warnings for hurling yourself off a cliff on a Schwinn Ten speed at age 60. Not to mention spending an evening in some of the erectile dysfunction commercials where "erections may last longer than four hours." If that doesn't kill you, I don't know what will.

 It is a national embarrassment that the pharmaceutical industry is more focused on branding and consumer mind share than on making important drugs available to the public affordably. All too often I hear of my elder law clients splitting pills in half to make them last longer or skipping meals to save money for medications. It's a disgrace. Until and unless the US Government takes a more active role in the development and regulation of new drugs and their distribution, the perky- pill salespeople will prowl doctors' offices trolling for prescriptions.

 A good place to start would be keeping prescription data private. Why should Pfizer or Merck know which pills a doctor prescribes? Doctors should have no incentive to be frequent prescribers of given medications - it's as if there's a frequent flyer program for doctors who push pills.

 Our law office used to be next to a large medical practice that entertains at least a half dozen well-dressed, attractive, sandwich platter carrying pharmaceutical representatives from Big Pharma each and everyday. Between the free drug samples, endless pastries and sandwiches, and the little gifts, it's no wonder why doctors have the incentive to prescribe whatever these co-eds are selling. No one brings lawyers anything for free. Yes, I'm jealous. No one is bribing me to use one brand of yellow pad or file folder over another. We just pick the one that is most affordable and appropriate for the client's case - why can't doctors and Big Pharma play by the same rules? And the public thinks lawyers are out for themselves? Pass the Lipitor.

 

• Email This
• Print
• Comments
• Trackbacks