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| And Baby Makes Three |
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You've stocked up on baby powder and diapers. You've bought the crib, walker, playpen, and stroller. However, no amount of planning will prepare you for the day when your child is born. All of a sudden, you're cradling another human being that will look up to you for love and guidance.
As your children travel the long and never-dull road from infancy to adulthood, you will nurture them, worry about them, scold them, and love them. Most of all, you want to protect them. You want them to grow up in a stable world, one in which they are physically safe and financially secure.
Here are some ideas to help safeguard your children's financial future:
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Review Your Insurance Coverage
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Make sure the money will be there to replace your income and help your children and your spouse maintain their standard of living if you suddenly died. With life insurance, you can select the amount of coverage that will help your family meet living expenses, pay the mortgage, even provide a college fund for your children. New York Life Insurance Company and its subsidiaries can help you get started with a variety of insurance and financial products and services.
It's important to also consider disability insurance.1 If you become disabled and cannot work, disability insurance can pay benefits—up to 60% of your income in many cases—so you can continue meeting your financial obligations until you are back on your feet again. For more on disability, visit the Health Insurance Association of America's (HIAA) web site.
And don't forget about health insurance. Research your options carefully. As pregnancy can qualify for a pre-existing condition with some insurers, make sure you're covered for maternity costs, healthcare for children, and so on. If your company offers them, enroll in flexible spending accounts, which use pre-tax money to pay deductibles and other expenses, saving federal, state, local, and social security taxes. For more information on choosing health insurance, visit HIAA's web site.
With defensive planning, you might also want to consider looking into homeowner's or renter's insurance as well.
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Draft or Update Your Will
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A will is your right to choose how to distribute your assets after you are gone. Especially with children, it's essential to think about:
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Guardianship. If you do not appoint a guardian for your minor child (and if you and your spouse die at the same time), the state will appoint one for you. Most times, the court appoints relatives. But you may know something about that relative that the court doesn't—for example, that he or she, although the best prepared financially, isn't interested in raising children. This is your chance to appoint the person who you think will do the best job. It's always wise to get that person's permission before you include them in your Will. When choosing, think about the person's health, age, finances, and willingness to care for children. |
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Trusts. You might also think about how you distribute your assets to care for children, especially if raised by another person. Think about researching trusts. Typically, any estate money bequeathed to a minor is held until he or she reaches the age of majority in the state (typically age 18, but check with your state). At that time, the money is given in one lump sum after taxes. But you can include provisions in a trust to keep the money until a later time, or to be used for specific expenses such as an education. Talk with your lawyer about possible options. |
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Learn About Child Tax Benefits
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The following are some basic tax breaks related to children. Consult with your tax advisor for more details.
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The Basic Exemption. For each child, you can claim a $3,400 exemption in 2007 ($3,500 in 2008) if your income doesn't exceed a certain amount. |
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The Child Tax Credit. Thanks to the Taxpayer Relief Act of 1997, people supporting children under 17 can claim a $1,000 tax credit each year per child. Your income must not exceed a certain amount to qualify. |
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The Adoption Credit. You can also claim an adoption tax credit, if applicable, for a child under 18 or a special needs child, for up to $11,390 of qualified adoption expenses in 2007 ($11,650 in 2008). Your income must not exceed a certain amount to qualify. |
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Educational Tax Credits. These include the Hope Credit and Lifetime Learning Credits. |
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Deductions on Educational Related Interest. Interest on loans is deductible up to $2,500. There is an income limit, though, to qualify for the deductions. |
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Your Child's Part-time Job Income. In 2007, your dependent child is entitled to a standard deduction equal to the greater of $850 ($900 in 2008), or $300 plus earned income up to the regular standard deduction (same in 2008). |
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Child Care Credits. You may qualify for child-care income-tax credits, as long as you pay your babysitter or daycare center by check and keep accurate records. The maximum credit (which acts as an immediate tax reduction) ranges from $600 to $1,050 (in 2007) a year for each child, depending on your income. |
Tax Forms Relating to Children
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Form 2441, to claim the tax credit for a child, or other dependent care expenses. |
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Form 8615, to claim child's income exceeding $1,700 in 2007 ($1,800 in 2008). |
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Form 8839, for adoption credits. |
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Publication 970, for educational tax credits. |
To view actual tax forms, visit the IRS web site.
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Saving for College with Section 529 Plans2
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If you could, you'd give your children the world. A world of knowledge, a world of culture, a world of freedom to become whoever they want to be—these are the rewards of education. Higher education may seem financially unreachable to many people, but with some careful planning, a section 529 education savings program can help you give the world to your children. Here are some features of section 529 plans:
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Significant Tax Advantages. All withdrawals from section 529 college savings plans are federally tax free3 when used for qualified educational costs.4 Investments into a section 529 plan enjoy the benefits of tax-deferred compounding. Some states offer residents favorable tax benefits for investing in the state plan. Consult your tax advisor about your particular situation. |
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Control Over Assets. With a section 529 plan, the account owner retains control over the assets for the life of the account and can ensure that assets will be used to pay for college. This is in contrast to accounts established under a state's Uniform Gifts to Minors Act or Uniform Transfers to Minors Act (UGMA/UTMA), where the control over the money shifts to the child at the age of majority (typically age 18 in most states, age 21 in others). |
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Broad Availability. Section 529 plans are available to any U.S. resident, including parents, grandparents, other relatives, or non-relatives. Even trusts, corporations, and other entities can establish a section 529 account. |
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No Age or Income Limits. With a section 529 plan, there are no limitations on the age or income of the account owner or beneficiary, unlike other collegesavings instruments, such as a Coverdell Education Savings Account. |
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Favorable Gift and Estate Tax Treatment. Contributions of up to $12,000 annually per beneficiary ($24,000 for joint filers) are generally considered completed gifts and are excluded from the account owner's estate.5,6 |
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Accelerated Gift Tax Treatment. A special five-year gift election, unique to section 529 plans, lets you give a large gift of up to five times the annual gift tax exclusion at once. Currently, up to $60,000 per individual ($120,000 for joint filers) can be contributed in one lump sum free of gift tax. If the account owner makes the special five-year gift election and dies within five years of making the contribution, only a pro-rata portion is excluded from their estate.7 |
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Flexible Beneficiary Designation. There is no personal relationship requirement for the account owner and beneficiary. Section 529 plan account assets can be transferred without penalty to a new beneficiary as long as they are a "family member" of the original beneficiary—which is broadly defined to include a sibling, cousin, niece, or nephew, whether a child or adult. You can even set up your account now and transfer the assets to your child later.8 |
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Broad Use of Section 529 Plan Assets. Account assets can be used to pay qualified higher education expenses including tuition, fees, room and board, books and supplies, and other expenses. Funds can be used at any accredited post-secondary public or private school in the U.S. This includes accredited two- and four-year undergraduate programs, technical schools, graduate, and professional schools. |
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Penalty-Free Withdrawals. Funds can be withdrawn without penalty if the beneficiary receives a scholarship (withdrawals can be made up to the scholarship amount), or in the event of the death or disability of the beneficiary. Ordinary income tax on earnings would apply. |
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Non-Qualified Withdrawals. Money can be withdrawn from a section 529 plan account at any time. However, if it is not used for qualified education expenses, investment earnings are subject to income taxes plus a 10% federal tax penalty. State income tax treatment on non-qualified withdrawals varies. |
For more information about section 529 higher education savings plans, please visit our section 529 College Savings section.
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Don't Name Minors as Policy Beneficiaries
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Sometimes, seemingly minor oversights can have tremendous consequences. Take life insurance, for example. Most of us tend to name our beneficiaries when we buy a policy, and then never give the matter another thought. That could be a mistake.
As an example, one of the biggest mistakes is naming a minor as beneficiary. On the surface, it makes sense to designate your children as beneficiaries, especially since you are buying the coverage to protect them. However, if you die while they are minors, a number of legal complications will ensue.
The Problem
For their own sakes, minors cannot receive or control proceeds. In most jurisdictions, state law determines when children are entitled to receive the insurance proceeds, which may be as young as 16 or as old as 18.
Here are two typical scenarios that can lead to problems:
Scenario # 1: A couple names each other as primary beneficiaries and their minor children as secondary beneficiaries. However, what if both parents die simultaneously, perhaps in an accident, leaving toddlers as beneficiaries to a large sum of money?
In this situation, where both parents die simultaneously, the stage is set for guardianship and custody complications. The courts, perhaps without regard for the parents? wishes, may appoint a stranger as guardian. Or, if a close relative is selected, this individual may have limited discretion regarding how the funds can be used or distributed.
Scenario # 2: If both spouses work or there are step-families, a parent may decide to name only the minor children as beneficiaries. What would happen to the surviving spouse if the insured died?
In this scenario, with the children named as beneficiaries and one spouse excluded, the surviving spouse's financial needs could remain unmet, while a large sum of money is set aside for distribution at the children's 18th or 21st birthday. As a result, the surviving spouse could be disinherited, while minor children are heirs to the proceeds.
In both instances, the final outcome would bear no resemblance to what the insured may have thought were his or her simple and clear intentions. It could also result in financial hardship for one or more people, often intended heirs, as well as legal wranglings that can go on for years.
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Beneficiary Nightmare. A True Story
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Case in Point. Jack had a large insurance policy on his life. Without giving it much thought, he named his wife, Carol, and three minor daughters as equal beneficiaries.
When Jack died in a car accident, his wife received $250,000, enough to pay final expenses and retire the mortgage on their home. An additional $750,000 was set aside for their daughters. Carol was named guardian. However, the court restricted distributions. She struggled for years to make ends meet. When the daughters turned 18, each received their own share—$250,000 plus earnings—without restrictions. The result was a nightmare of squandering of assets and bickering that tore the family apart.
The Irony. The life insurance that was intended to help the family at Jack's death became a curse that destroyed them.
Fortunately, this mistake can be easily corrected. If a spouse is present, his or her needs should be addressed directly, either as named beneficiary or with a separate life insurance policy that names the spouse as beneficiary.
The Use of Trusts. When minor children are involved, a trust can be set up to receive the life insurance proceeds. The advantage is that the insured establishes the trust, selects the trustee, and establishes the terms under which assets can be used and distributed from the trust. In this way, the life insurance proceeds can be used in the manner specifically selected by the insured. This works in the best interests of the minor children and those of other dependents, such as a surviving spouse.
To Change Your Beneficiary. Contact your investment professional—he or she will bring you a change-of-beneficiary form and help you complete and submit it to the company, even if you purchased your policy from another insurer.
Important. It is not sufficient simply to indicate in your will that your beneficiary should be changed. If your Will names one beneficiary and the policy indicates another, this ambiguity may cause a delay in the distribution of proceeds, with no assurance how the money will be distributed.
So, think twice before naming minors as beneficiaries of your life insurance. Talk to your attorney for the best strategy involving your own situation, especially pertaining to the use of trust arrangements. Then meet with your investment professional to (1) discuss any changes needed regarding your existing policies and (2) make sure you have adequate coverage to protect all your loved ones.
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The preceding information has been provided for informational purposes only. Neither New York Life Investment Management nor its representatives provide legal, tax, or accounting advice. Please contact your own advisors.
Securities are distributed by NYLIFE Distributors LLC, 169 Lackawanna Avenue, Parsippany, New Jersey 07054.
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