The SECURE Act: Is It Good For You Or Bad For You?

Posted on August 19, 2019 by James Lange in Beneficiary Designations, Current Events, Estate Planning, Estate Tax, Government Programs, Income Tax, Inherited IRAs, IRAs, Retirement Plan Options, Retirement Planning, Roth 401(k), Roth IRA, Roth IRA Conversions, Stretch IRA, Traditional IRA and tagged death of the stretch ira, James Lange, Retirement, Retirement Planning, Roth IRA, Roth IRA Conversion.

Is The SECURE Act Good for You or Bad For You by CPA/Attorney James Lange on Forbes.com

Will you be able to retire safely under the SECURE Act?

This blog post is republished with permission from Forbes.com

My previous post introduced the potential consequences of the SECURE Act, which is being promoted as an “enhancement” for IRA and retirement plan owners. This is because it includes provisions allowing some workers to make higher contributions to their workplace retirement plans. I think it is a stinking pig with a pretty bow, so I wanted to give retirement plan owners the good and bad news about it.

I am a fan of Roth IRAs because they allow you to have far more control over your finances in retirement than you might have otherwise had. You are not required to take distributions from your Roth IRA, but the good news is that they’re not taxable if you do take them. These tax benefits can be a critical factor for seniors, especially if you are suddenly faced with costly medical or long term care bills. Saving money in a Roth account can offer financial flexibility to many older Americans – and one good thing about the SECURE Act is that it can help you achieve that flexibility. Here’s how.

The Good News About The SECURE Act

Under the current law, you are not allowed to contribute to a Traditional IRA after age 70½. (You can contribute to a Roth IRA at any age as long as you have taxable compensation, but only if your income is below a certain amount.) The age limitation for making contributions to Traditional IRAs is bad for older workers – and that’s an important point because the Bureau of Labor Statistics estimates that about 19 percent of individuals between the ages of 70 and 74 are still in the workforce. The SECURE Act eliminates that cutoff and allows workers of any age to continue making contributions to both Traditional and Roth IRAs.

That same provision of the SECURE Act offers a hidden bonus – it means that it will also be easier for older high-income Americans to do “back-door” Roth IRA conversions for a longer period of time. The back-door Roth IRA conversion, currently blessed by the Tax Cuts and Jobs Act, is a method of bypassing the income limitations for Roth IRA contributions. The current law prohibits contributions to a Roth IRA if your taxable income exceeds certain amounts. Those amounts vary depending on your filing status. But even if you are unable to take a tax deduction for your Traditional IRA contribution, you can still contribute to one because there are no income limitations. Why bother? Because, assuming you don’t have any other money in an IRA, you can immediately convert your Traditional IRA to a Roth IRA by doing a back-door conversion. That’s a good thing because the earnings on the money you contributed can then grow tax-free instead of tax-deferred.

Here’s more good news. The current law requires Traditional IRA owners to start withdrawing from their accounts by April 1^st of the year after they turn 70 ½. These Required Minimum Distributions (RMDs) can be bad for retirees because the distributions are taxable. The increase in your taxable income can cause up to 85 percent of your Social Security benefits to be taxed and can also move you into a higher tax bracket. And once you begin to take RMDs, you are no longer allowed to make additional contributions to your account, even if you are still working. The SECURE Act increases the RMD age to 72, a change which will allow Traditional IRA owners to save more for their retirements.

There’s a hidden bonus in this change as well. Increasing the RMD age to 72 will allow retirees more time to make tax-effective Roth IRA conversions. What does that mean? Once you are required to take distributions from your Traditional IRA and your taxable income increases, you may find yourself in such a high tax bracket that it may not be favorable to make Roth IRA conversions at all.

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The Potentially Dire Consequences to Your Legacy with the “Death of the Stretch” IRA

Posted on May 22, 2019 by James Lange in Beneficiary Designations, Current Events, Economy, Estate Planning, Estate Tax, Financial Scandals, Government Programs, Inherited IRAs, Roth IRA, Stretch IRA and tagged Beneficiaries, inherited ira, James Lange, PA, Pittsburgh, Roth IRA, stretch ira.

The Death of the Stretch IRA is rearing its ugly head again.

Death of the Stretch Inherited IRAs by James Lange CPA/Attorney in Pittsburgh, PA As I have written about, this is personal to me. I was hoping that distributions from my Roth IRA and IRA would be “stretched” over the life of my daughter and maybe grandchildren. It could make a difference of well over a million dollars to my family.

If you have a million dollar or more IRA or retirement plan, this threatened (but as yet not totally defined) legislation could be just as devastating to you and your family. Once the two houses reconcile their differences (see the above post for the details of the different proposals), established estate plans will likely need to be reevaluated. This threat increases the merits of Lange’s Cascading Beneficiary Plan or a similar flexible estate plan. It also creates an even greater incentive for IRA owners considering significant Roth IRA conversions.

I wrote two books on this topic based on the proposal that advanced through the Senate Finance Committee beginning in 2016. While the changes to IRA and retirement plan distribution rules weren’t included in the last set of tax changes (much to our surprise), clearly the idea still has a huge bipartisan appeal.

The action points in both books was to reconsider and revisit the idea of converting more of your IRAs to Roth IRAs. This is consistent with my most recent recommendations encouraging higher conversions because of the low income-tax rates we are currently enjoying. The threat of losing the ability to stretch distributions from IRAs and retirement plans for generations only makes looking into Roth IRA conversions more compelling. If you have an IRA and/or other retirement plan and were hoping to leave it to your heirs with a favorable tax treatment and want to be kept up to date with this information, please call our offices at 412-521-2732.

The Death of the Stretch is Back On Congress’ Agenda

Posted on May 21, 2019 by James Lange in Current Events, Estate Tax, Government Programs, Inherited IRAs, Market News, Retirement Planning, Stretch IRA, Tax Law and tagged death of the stretch ira, end of stretch ira, James Lange, Pittsburgh PA, Save Our Stretch IRA, stretch roth ira.

The Death of the Stretch is Back On Congress’ Agenda

This just in.

Stretch IRA James Lange Pittsburgh Pennsylvania The House is scheduled to vote on Thursday, May 23, 2019, on the SECURE ACT. Then, it will be in the Senate’s court to vote on RESA. Then the House and Senate will need to reconcile the differences between the bills. Experts, including us, think a compromise will be found and that the “stretch IRA” as we know it, will be gone, dealing a severe blow to IRA and retirement plan owners who were hoping their heirs would be able to continue deferring the distributions on their inherited IRAs and retirement plans for decades.

Here is the story so far.

In mid-April, Senate Finance Committee Chairman Chuck Grassley, R-Iowa, and ranking member Ron Wyden, D-Ore., reintroduced their Retirement Enhancement and Savings Act (RESA).

Under this bill, which we’ve been talking about since 2016, the account balance in a defined contribution plan or IRA must be distributed and included in income by the beneficiary five years after the employee’s or IRA owner’s death. Surviving spouses, beneficiaries who are disabled or chronically ill individuals, individuals who are not more than 10 years younger than the employee (or IRA owner), or the child of the employee (or IRA owner) who has not reached the age of maturity are excluded from this rule. Plus, an exception to the five-year distribution deadline is provided for each beneficiary to the extent that the balance of the account they receive from the deceased employee or IRA owner does not exceed $400,000.

Also in April, the House Ways and Means Committee passed a bill known as the Secure Act (Setting Every Community Up for Retirement Enhancement Act of 2019). What was remarkable about the Secure Act is that it was fast-tracked and approved with lightning speed, with the intention “To amend the Internal Revenue Code of 1986 to encourage retirement saving, and for other purposes.” And while it does include some incentives for people to participate in retirement plans, it also proposes the “death of the stretch IRA.” The House version of the bill differs from RESA in that it proposes a 10-year time limit on holding an inherited IRA or inherited Roth IRA or other defined contribution plan before all of the funds in the account must be distributed. According to the summary provided by the House Committee on Ways and Means:

Section 401. Modifications to Required Minimum Distribution Rules: The legislation modifies the required minimum distribution rules with respect to defined contribution plan and IRA balances upon the death of the account owner. Under the legislation, distributions to individuals other than the surviving spouse of the employee (or IRA owner), disabled or chronically ill individuals, individuals who are not more than 10 years younger than the employee (or IRA owner), or child of the employee (or IRA owner) who has not reached the age of majority are generally required to be distributed by the end of the tenth calendar year following the year of the employee or IRA owner’s death.

We have been anticipating the death of the stretch IRA for years and wrote two books about its consequences. We were pretty convinced it was going to be eliminated in the last round of tax law changes, and frankly, we were surprised when the limit on non-spouse heirs stretching distributions from inherited IRAs over their lifetimes was not included. But, it’s back, and once again the devil is in the details which will have to be hashed out between the two houses. In the next post, I will offer some insight into the consequences and preliminary recommendations.

If you have an IRA and/or other retirement plan and were hoping to leave it to your heirs with a favorable tax treatment and want to be kept up to date with this information, please contact our offices at 412-521-2732.

Protect Your Social Security from Cyber Criminals

Posted on March 29, 2018 by James Lange in Current Events, Data Breach, Identity Theft, Social Security and tagged Fraud, Social Security, Social Security Fraud.

As many of you know, I am a strong proponent of waiting until age 70 to apply for Social Security, because I want both you and your surviving spouse to receive the highest benefit possible during your lifetimes. And one of the technical points about Social Security that I’ve never covered in detail in my books – because it’s only been in rare cases that I have recommended that my clients do it – involves applying for benefits retroactively. But in order to make you understand how your future Social Security benefits could be at risk from cyber criminals, I find myself in the strange position of having to give you a quick lesson on how retroactive benefits work.

Suppose that you could have applied for Social Security at your Full Retirement Age (FRA) of 66, but you took my advice and waited so that you can receive the highest benefit possible at age 70. When you turn 67, you go to your doctor for your annual physical. There, the doctor gives you some terrible news – you have six months to live! Now you’re cursing at me because you missed out on all of this Social Security money that you could have collected since you were 66 – or did you? Not necessarily. In certain instances, Social Security will allow you to apply for retirement benefits retroactively. If you qualify, Social Security will send you up to six months of retroactive benefits, paid as a lump sum.

A True Horror Story of a Social Security Fraud Victim

I won’t waste time telling you how you can qualify for retroactive benefits because it’s a complicated topic, and I will not recommend you do it because it will result in lower monthly benefits for the rest of your life. I am going to tell you something very important that you need to understand about retroactive benefits: if you are at least Full Retirement Age but are waiting until age 70 to file for Social Security so that you can earn Delayed Retirement Credits, your account may be compromised by cyber criminals who are trying to get their hands on any lump sum retroactive benefits to which you might be entitled, but have no intention of ever claiming. Here’s a real-life example of what I’m talking about:

I have a client who received an unexpected letter from the Social Security Administration. She and her husband had intended to hold off applying for benefits so that they could earn Delayed Retirement Credits. The letter they received, however, stated that Social Security had approved their request for a lump-sum retroactive benefit payment, which amounted to almost $12,000. Immediately my client and her husband went to their local Social Security office, and in the several hours spent there, discovered that the criminal(s) had called the office and pretended to be her husband. During the conversation, which was on a recorded line, the criminal simply said that he had changed his mind and wanted to apply for benefits retroactively! And the Social Security office complied with his request!

It Seems to Have Become Easier for Criminals

I found this situation to be so unbelievable that I called the Social Security office myself and asked how it could happen. What I learned might shock you. In order to access my client’s Social Security account, the criminals had to provide them with only the husband’s full name, date and place of birth, mother’s maiden name, and his current address and phone number. Personal information like this is widely available online through sites such as Facebook and Ancestry.com, not to mention what is available on the dark web thanks to the infamous Equifax hack in 2017.

My client spent hours at the Social Security office trying to put a hold on the “lump sum withdrawal,” and were assured that everything had been resolved. We thought that the criminals had been thwarted and everything was fine, but yesterday they received a 1099 from the Social Security Administration saying that they had received $12,000 in benefits that they needed to report on their tax return! So now we’re back to square one, and are still trying to get this mess sorted out. It’s bad enough that the IRS has been notified that they need to pay tax on money they never received, but now I’m wondering whether my client is still earning Delayed Retirement Credits after these criminals filed for benefits under his name!

How Can You Protect Yourself?

The bottom line is that you need to treat your Social Security account like a bank or investment account. Even though you might not think of it as being an asset, it is – because if a criminal manages to take control of it, the consequences could be costly and far-reaching. One way to protect yourself is to open an account with Social Security online, at this website: https://www.ssa.gov/myaccount/. Even if you do not plan to file for benefits in the near future, this action can prevent someone else from opening an account in your name without your knowledge. For your security you will be required to create a user name and password, and they’ll send a one-time security code to your email or phone.

Once you’ve established your account, you should check it periodically to make sure that information such as your name, address and phone number is correct. They also have a feature called “Block Electronic Access,” which prevents anyone (including you) from changing your personal information online or over the telephone. If you block access to your account and then change your mind, you have to ask Social Security to unblock it for you.
Years ago, the fear of Social Security theft was largely confined to the possibility of armed thugs waiting outside the bank for retirees who had just cashed their monthly checks. Unfortunately, criminals are constantly looking for ways to liberate you from your money, and their creativity can be surprising. Remember, protect yourself and your spouse by making sure that your benefits are safe – even if you don’t plan to apply in the near future!

Are you interested in learning more about Social Security maximization strategies? Visit our Social Security section of our website here for more information.

How Does the Tax Reform Affect Retirees?

Posted on December 28, 2017 by James Lange in Current Events, Economy, Government Programs, Income Tax, Tax Law and tagged Charitable Contributions, Medical Expenses, Miscellaneous Deductions, Mortgage Interest, Property Taxes, Retirees, tax reform.

How does the Tax Reform Affect Retirees? Read More on https://paytaxeslater.com/how-does-the-tax-reform-affect-retirees/

How does the Tax Reform affect Retirees?

I was able to spend some time reading over the holiday, and of course much of my efforts were devoted to finding out how people were reacting to the new tax reform bill. In quick succession, I came across three articles published by three different media outlets. The first said that the tax reform would hurt poor people; the second insisted that the tax reform would hurt the middle class, and the third swore that the tax reform would hurt the rich. Many of our clients are retired, and they are asking “how will the tax reform affect me?” So I thought I would give you some ideas about how the tax reform might affect retirees.

One concern for retirees involves the changes made to the rules affecting Schedule A, Itemized Deductions. Will the tax reform affect you if you are retired, and you have been able to itemize? The short answer is that, depending on what and how much you deduct, the tax reform may affect you because some of the itemized deductions were reduced or even eliminated. Let’s look at specifics.

Tax Reform and Medical Expenses

Many retirees have high medical costs – and the good news is that medical expenses will still be deductible in 2017 assuming that they exceed a certain threshold. What makes this statement less than straightforward, though, is that there were two different thresholds when you did your taxes last year. Prior to the tax reform, individuals who were younger than age 65 had to have medical expenses that exceeded 10% of their adjusted gross income in order to be able to use the deduction.

If you or your spouse were 65 or older, though, the threshold was lower – only 7.5%. And whatever your age, you could only deduct the medical expenses that were in excess of your threshold. The bottom line for retirees? If you itemize, tax reform shouldn’t affect your medical deductions unless both you and your spouse are younger than 65 years old. The tax reform may actually benefit younger individuals who have high medical costs because, starting in 2017, everyone regardless of their age will have to meet a threshold of only 7.5% before they can deduct any medical expenses.

Tax Reform and Property Taxes

Many retirees could be affected by the changes in state and local tax (or, SALT) itemized deductions. Through 2017, you can deduct all of your state, local, real estate, sales and personal property taxes on Schedule A if you itemize. In 2018, those deductions will be capped at $10,000. How does this affect retirees? It depends. If you didn’t deduct these expenses because you used the standard deduction last year, this provision in the tax reform won’t affect you at all.

But if your income is high enough that it is subject to state and local tax, or if you own a home on which you pay high property taxes, any deduction that you might be able to take after the tax reform could be reduced. If this sounds like you, you will need to check the Schedule A on your prior year return to see exactly how much of the taxes you paid were deductible in the past. The tax reform could affect you negatively if you’ve been able to deduct more than $10,000 because, starting in 2018, your deduction will be limited to that amount.

Tax Reform and Mortgage Interest

Many retirees prefer to have the mortgages on their homes paid off before they leave the work force. If that’s you, the changes to the mortgage interest deduction rules, by themselves, shouldn’t affect you. Prior to the tax reform, married couples could deduct the interest they paid on mortgages that were less than $1,000,000. Under the tax reform, that mortgage limit is lowered to $750,000 – which means that individuals who have large mortgages may not be able to deduct as much of the interest as in the past. If you are retired, this change should not affect you unless you are planning to buy a new home in 2018 or later. If you do buy a new home and finance more than $750,000 (and you itemize) you will not be able to deduct as much as you would have prior to the tax reform.

Tax Reform and Miscellaneous Deductions

How about miscellaneous itemized deductions? The big ones for my clients are their investment account fees and, in some cases, employee business expenses, but includes smaller deductions such as tax preparation fees and safety deposit box fees. The new law temporarily repeals all of those, so if you itemize and have taken advantage of them in the past, the tax reform may hurt you in this area of your return.

Tax Reform and Charitable Contributions

What about charitable contributions? The tax reform will not affect charitable contributions at all. If you don’t itemize, your charitable contributions weren’t deductible in prior years and so nothing has changed for you. If you do qualify to itemize, contributions that you make to legitimate charities will still be deductible in 2018.

This leads me to my big finale! My theme throughout this post has been, “assuming that you qualify to itemize”. Even if you were able to itemize in the past, you may not need to itemize after the tax reform because the standard deduction (or, the amount that the government gives to everybody with no strings attached) has almost doubled. In 2017, the standard deduction for married couples filing jointly is $12,700 but in 2018 it will be $24,000. So even if you fall into one of the categories where you believe the tax reform might initially hurt you – for example, if you have a significant amount of investment account fees that are no longer deductible – it might be a moot point if the government is going to just give you more than what you would have gotten by itemizing anyway.

Confusing? You bet! So please bear with us during tax season as we try to sort this out!

Stop back soon!

-Jim

Learn how Jim Nabors saved $4.8 Million by marrying his husband.

Is Your Health the Best Reason to Wait to Apply for Social Security?

Posted on June 20, 2017 by James Lange in Retirement Planning, Social Security, Stretch IRA, Video Resources and tagged death of the stretch ira, inherited ira, James Lange, new ira laws, new ira rules, Social Security, Social Security Benefits, social security strategies, stretch ira.

For the past several months, I have been discussing the looming legislation I call the Death of the Stretch IRA. This series of posts turns slightly away from that, discussing the likelihood of a reduction and then increase in federal income tax rates which not only affects inherited IRAs but also your Roth IRA and Social Security planning. For those of you who are currently retired or will be shortly, the elections you make concerning your Social Security benefits, as well as the execution of optimally timed Roth IRA conversions can make the difference between your being financially secure or going broke. This post discusses how your health could affect your Social Security elections.

Social Security at 66 vs 70 – which is better?

In most cases, I tell my clients that it is better if the spouse who has the strongest earnings record holds off applying for Social Security until age 70 in order to get the maximum amount of delayed retirement credits. This is key to your tax and retirement planning as it can increase your benefit by up to 8 percent each year, plus cost of living adjustments! I go into more details in my book, which you can get a free copy of by clicking here. But if you’ve read my book already, then you know the specific reason for waiting until age 70 to apply is so that the primary earner’s benefit amount is increased to the maximum possible.

Reasons to Wait until Age 70 to Apply for Social Security

Read that last sentence one more time. Did you notice that I did NOT say that the reason for waiting until age 70 is so that the primary earner will receive more money? I said the reason for waiting until age 70 to apply is so that the primary earner’s benefit amount is increased to the maximum possible. It’s an important distinction, and I want to tell you what I mean by that.

Recently I met with a couple who were not yet retired. The husband, who was older and the higher earner of the family, had recently been diagnosed with a terminal illness and given a life expectancy of no more than five years. The wife was 55 – ten years younger than her husband. Both of them thought that the husband should apply for Social Security immediately, so that he could at least get some money during the years he still had left.

I asked him, “But what about her?” He looked at me and said, “She’ll get my full benefit after I die, won’t she?”

What happens to Social Security after your spouse dies

Let’s do a quick review of what happens to your income from Social Security after one spouse dies. Suppose the husband is entitled to a monthly benefit of $2,000 at age 66. His wife is entitled to a spousal benefit of 50 percent but, in this case I’m going to say that she has worked all of her life and her benefit based on her own record is higher – $1,200. Their monthly household income from Social Security, therefore, is $3,200.

So what happens when your spouse dies? How much does the survivor get? The answer is the higher of the two benefits. In the above example above, the wife’s benefit would increase to $2000 after her husband’s death. Sound good? It isn’t! The problem is that the monthly household income from Social Security will go down – from $3,200 to $2,000! Think of how critical that is! That’s the reason that, in most cases, the higher earner should wait until age 70 before applying for Social Security.

In the case of the clients I was talking about earlier, it was especially important that the husband wait to apply for benefits. She was ten years younger than he was – 55 years old – and the picture of health. That meant her life expectancy of age 84, or almost 30 years. Her husband may never see a dime of his Social Security money – if he does, he’ll get a higher benefit for the time he does have left. But if his wife survives him, which she probably will, she’ll have more than just an inherited IRA and his savings accounts, she’ll have his higher benefit for the rest of her life too. Remember that, as we discussed before, the timing of your application to Social Security can drastically benefit your retirement planning. especially after the Death of the Stretch IRA. There is a critical lesson to be learned from this example. Poor health is not a good reason for the primary earner to apply for Social Security early, unless the spouse is also in poor health. If both spouses are in poor health and are not likely to enjoy a long retirement, then it could make sense to apply early. The goal is to make it possible for both of you to enjoy as much income as possible, while you are both alive!

Stop back soon for more Social Security talk!

-Jim

For more information on this topic, please visit our Death of the Stretch IRA resource.

P.S. Did you miss a video blog post? Here are the past video blog posts in this video series.

Will New Rules for Inherited IRAs Mean the Death of the Stretch IRA?

Are There Any Exceptions to the Death of the Stretch IRA Legislation?

How will your Required Minimum Distributions Work After the Death of the Stretch IRA Legislation?

Can a Charitable Remainder Unitrust (CRUT) Protect your Heirs from the Death of the Stretch IRA?

What Should You Be Doing Now to Protect your Heirs from the Death of the Stretch IRA?

How Does The New DOL Fiduciary Rule Affect You?

Why is the Death of the Stretch IRA legislation likely to pass?

The Exclusions for the Death of the Stretch IRA

Using Gifting and Life Insurance as a Solution to the Death of the Stretch IRA

Using Roth Conversions as a Possible Solution for Death of the Stretch IRA

How Lange’s Cascading Beneficiary Plan can help protect your family against the Death of the Stretch IRA

How Flexible Estate Planning Can be a Solution for Death of the Stretch IRA

President Trump’s Tax Reform Proposal and How it Might Affect You

Getting Social Security Benefits Right with the Death of the Stretch IRA

The Best Age to Apply for Social Security Benefits after the Death of the Stretch IRA

Part II: The Best Age to Apply for Social Security Benefits after the Death of the Stretch IRA

Social Security Options After Divorce: Don’t Overlook the Possibilities Just Because You Hate Your Ex

Posted on June 13, 2017 by James Lange in Retirement Planning, Social Security, Stretch IRA, Video Resources and tagged death of the stretch ira, inherited ira, James Lange, new ira laws, new ira rules, Social Security, Social Security Benefits, social security strategies, stretch ira.

How Divorce Affects Your Social Security Benefits

This series of posts discusses the likelihood of a reduction and then increase in federal income tax rates. For those of you who are currently retired or will be shortly, the elections you make concerning your Social Security benefits, as well as the execution of optimally timed Roth IRA conversions can make the difference between your being financially secure or going broke. This post will cover some options that divorced individuals may want to consider when filing for Social Security benefits.

Social Security Benefits after Divorce – Your Former Spouse is Still Alive

Let’s say that you were married for ten years but are now divorced. Did you know that you can get Social Security spousal benefits based on your former spouse’s earnings record? Suppose that your ex began collecting Social Security at his Full Retirement Age of 66, and that he gets $30,000 every year. Then suppose that your own benefit is $800/month. If you’ve never asked Social Security about receiving benefits based on your divorced spouse’s record, you should. If you meet the requirements, you’re entitled to half of your ex’s benefit amount, which in this example is a lot higher than what you’d receive based on your own earnings record.

What are the requirements for Social Security spousal benefits if you’re divorced? First, your ex must still be alive (for an important reason I’ll cover shortly) and must be entitled to receive Social Security retirement or disability benefits. Your marriage to your former spouse had to have lasted ten years or longer. The final requirement is that you must be at least age 62, and unmarried. If you remarried, you are still entitled to spousal benefits, but they will generally be awarded based on the earnings record of your new spouse – not the individual who you are divorced from.

Not all divorces are amicable, unfortunately, so I want to give some peace of mind to those of you who believe you probably qualify for benefits from a former spouse but are reluctant to ask about them. First, your filing for spousal Social Security benefits will have absolutely no impact on your ex’s monthly check. In fact, if your former spouse remarried and divorced five times, and each of his spouses meets all of the requirements listed above, every single one of them can collect Social Security spousal benefits based on his record. And every former spouse is entitled to receive the same amount of money as the current spouse – with no reduction in anyone’s benefit!

Suppose that you meet all of the requirements, but you are not on the best of terms with your former spouse? Well, it will probably take longer if you don’t have your former spouse’s Social Security number, but you can still apply for spousal benefits. You’ll just need to give the Social Security Administration your former spouse’s name and place of birth, and both of his parent’s names.

Social Security Spousal Benefits From Former Spouse Who Is Still Working

What if your divorced spouse is not currently collecting Social Security? If your ex is eligible for retirement benefits but has chosen not to file for them yet, you can still collect a spousal benefit based on his record as long as you were married for at least ten years, and have been divorced for at least two years.

Social Security Survivor Benefits after Divorce – Your Former Spouse is Dead

I said earlier that it was important that your former spouse be alive, in order for you to be able to collect spousal benefits on his record. But what happens to your spousal Social Security benefits when your former spouse dies? Well, if your marriage ended on very bad terms, you’ll probably be happy to hear that your ex could be worth more to you dead than alive. If you are collecting spousal benefits based on a divorced spouse’s record, and that spouse dies, you are eligible to receive the same survivor benefits as his current spouse – which is his full monthly benefit amount. Again, the requirement is that your marriage had to have lasted at least ten years, in order to collect survivor’s benefits based on a former spouse’s earnings record.

Divorce and Social Security Benefits

The bottom line is that if you were married for at least ten years and have not remarried, you should make sure that you investigate what benefits you might be entitled to after your divorce –benefits that are based on your former spouse’s earnings record. This is true whether your former spouse is alive, has remarried or even if he or she has passed on. Getting the most you can out of your Social Security benefits is even more important now, with the likely Death of the Stretch IRA.

Stop back soon for more Social Security talk!

-Jim

For more information on this topic, please visit our Death of the Stretch IRA resource.

P.S. Did you miss a video blog post? Here are the past video blog posts in this video series.

Will New Rules for Inherited IRAs Mean the Death of the Stretch IRA?

Are There Any Exceptions to the Death of the Stretch IRA Legislation?

How will your Required Minimum Distributions Work After the Death of the Stretch IRA Legislation?

Can a Charitable Remainder Unitrust (CRUT) Protect your Heirs from the Death of the Stretch IRA?

What Should You Be Doing Now to Protect your Heirs from the Death of the Stretch IRA?

How Does The New DOL Fiduciary Rule Affect You?

Why is the Death of the Stretch IRA legislation likely to pass?

The Exclusions for the Death of the Stretch IRA

Using Gifting and Life Insurance as a Solution to the Death of the Stretch IRA

Using Roth Conversions as a Possible Solution for Death of the Stretch IRA

How Lange’s Cascading Beneficiary Plan can help protect your family against the Death of the Stretch IRA

How Flexible Estate Planning Can be a Solution for Death of the Stretch IRA

President Trump’s Tax Reform Proposal and How it Might Affect You

Getting Social Security Benefits Right with the Death of the Stretch IRA

The Best Age to Apply for Social Security Benefits after the Death of the Stretch IRA

Part II: The Best Age to Apply for Social Security Benefits after the Death of the Stretch IRA

Posted on June 6, 2017 by James Lange in Retirement Planning, Social Security, Stretch IRA, Video Resources and tagged death of the stretch ira, inherited ira, James Lange, new ira laws, new ira rules, Social Security, Social Security Benefits, social security strategies, stretch ira.

In this blog post find out more about the best age to apply for Social Security benefits after the Death of the Stretch IRA.

Last week, I talked briefly about the best age to apply for Social Security benefits. It’s a more important question than many people realize, unfortunately. The prestigious Center for Retirement Research at Boston College estimates that 90% of all Social Security recipients apply at the wrong age. Social Security is one area where you could very well be better off if you do not go along with the majority, and I want to explain why.

What is Full Retirement Age?

First, let’s start with Social Security’s official definition of the term Full Retirement Age. I am admittedly sloppy on that point; I generally define it as being “Age 66” but it is really not that simple. Social Security defines Full Retirement Age as the age at which a person may first become entitled to full or unreduced retirement benefits. That’s the key – if you wait until your Full Retirement Age, your benefits will not be reduced.

But what age is Full Retirement Age? Years ago, the answer was simple – age 65. But as an influx of baby boomers entered the work force, the government looked at the Social Security system and projected what they called “a funding gap”. I think it was their polite way of saying “we’d better do something now, or else we won’t have enough money to pay all these people.” Raising taxes is never a popular option, especially with a presidential election right around the corner. So in 1983 Congress just decided to make it harder for workers to collect when they applied for benefits decades into the future, and hope that nobody noticed. And nobody noticed – until now – that the age of which you will be paid full benefits is going up.

Individuals who are retiring within the next decade are subject to a changing Full Retirement Age that, depending on your year of birth, is somewhere between age 66 and age 67. The video that is attached shows exactly how it is calculated. But it seems likely to me that, as our population ages and more people apply for benefits, they could raise the Full Retirement Age again. Is it possible that your children and grandchildren won’t be able to collect full benefits until age 68 or 69?

Applying for Social Security at Age 62

If you were born after 1937, Social Security currently allows you to apply for benefits as early as age 62 – but should you do so? Last week, I talked about the Social Security breakeven point, and whether or not it makes sense to apply for Social Security at age 62. Most of you know that, if you do so, your benefits will be reduced. What you may not know is that, if you do so, the reduction in your benefit amount will be greater than it is for people who were born before 1938!

Let’s look at just how much your Social Security benefit will be reduced if you sign up at age 62. If your Full Retirement Age is 67, your benefit will be reduced by about 30 percent. So if your full benefit amount is $2000/month and you apply at 62, your check will be reduced by 30 percent to about $1400. If you apply at 63, the reduction is only 25 percent. So there is a benefit to waiting until age 66 or 67 to apply for benefits.

Benefit of Waiting to Apply for Social Security

There’s an even greater benefit to waiting beyond your Full Retirement Age to apply for Social Security. You get an eight percent raise for every year you hold off! If your Full Retirement Age is 66 and you wait until 70 to apply, you’ll get 132% (plus Cost of Living Adjustments) every year. So let’s go back to the previous example, where your benefit at Full Retirement Age is estimated at $2000. If you wait until you are 70 to apply, your monthly benefit will go up to $2640 – and that doesn’t even include Cost of Living Adjustments.

The government offers a great resource where you can see the options that are available to you specifically. You can access it by clicking here: www.ssa.gov/estimateyourbenefit

Remember, the timing of your Social Security application and any Roth conversions that you might want to do are synergistic. Ultimately, both could benefit your long-term retirement planning, especially after the Death of the Stretch IRA.

Stop back soon for more Social Security talk!

-Jim

For more information on this topic, please visit our Death of the Stretch IRA resource.

P.S. Did you miss a video blog post? Here are the past video blog posts in this video series.

Will New Rules for Inherited IRAs Mean the Death of the Stretch IRA?

Are There Any Exceptions to the Death of the Stretch IRA Legislation?

How will your Required Minimum Distributions Work After the Death of the Stretch IRA Legislation?

Can a Charitable Remainder Unitrust (CRUT) Protect your Heirs from the Death of the Stretch IRA?

What Should You Be Doing Now to Protect your Heirs from the Death of the Stretch IRA?

How Does The New DOL Fiduciary Rule Affect You?

Why is the Death of the Stretch IRA legislation likely to pass?

The Exclusions for the Death of the Stretch IRA

Using Gifting and Life Insurance as a Solution to the Death of the Stretch IRA

Using Roth Conversions as a Possible Solution for Death of the Stretch IRA

How Lange’s Cascading Beneficiary Plan can help protect your family against the Death of the Stretch IRA

How Flexible Estate Planning Can be a Solution for Death of the Stretch IRA

President Trump’s Tax Reform Proposal and How it Might Affect You

Getting Social Security Benefits Right with the Death of the Stretch IRA

The Best Age to Apply for Social Security Benefits after the Death of the Stretch IRA

Posted on May 30, 2017 by James Lange in Retirement Planning, Social Security, Stretch IRA, Video Resources and tagged death of the stretch ira, inherited ira, James Lange, new ira laws, new ira rules, Social Security, social security strategies, stretch ira.

This is the second in a series of posts about planning for Social Security benefits in retirement. It will give you some ideas on how you can get the maximum Social Security benefit possible. It will also cover some mistakes that you need to avoid when filing for Social Security benefits for the first time.

Getting The Best Social Security Advice You Can

Tell me the truth – deep down, you’re sick of working. You really want to quit your job and retire, no matter what the cost. And part of your plan relies on the income that you’ll receive from Social Security. I need to give you fair warning – you might not like what I’m going to say about your plan. But before you disregard the advice that follows, you should know that I authored a best-selling book on Social Security. I’ve been quoted on CNBC, and many of the top financial experts in the nation agree with me. And I think my advice will be an eye-opener for many people who will be applying for Social Security benefits in the next few years.

The Best Age to Take Social Security

“What is the best age to take Social Security?” “Taking Social Security at 62 vs 66 – which is best?” I’ve heard those questions more times than I can count. And while every situation is different, I’ll tell you that, for most people, the best age to apply for Social Security benefits is definitely not “as soon as you’re eligible”. I know, I know – all of your friends are telling you that the Social Security program is going broke and you need to get your money back out of it while you can. Well, are your friends going to be there with handouts for you, if it turns out that you made a huge mistake and end up going broke yourself?

The Social Security Breakeven Point

Figuring out the best age to take Social Security depends on several variables, but yes, there is a breakeven point where, if you live long enough, in hindsight you’ll know whether or not you made the right decision. The short video snippet that is included with this post shows how that breakeven is calculated. In the video, the assumptions that I have used results in a breakeven point that occurs at about age 82.

However, I’m going to pass along a piece of advice that I got from noted economist Larry Kotlikoff that made me change my attitude about the breakeven question. As he pointed out, if you take your Social Security benefits as soon as you’re eligible and then die before your breakeven point, yes, you’ll have more money than if you had delayed applying. But what good does it do you? You’re dead, and dead people don’t have financial problems! What he told me is that the last thing I should worry about is how much money I’ll have if I die early. Instead, he told me, I should be worrying about living a long time and running out of money. So if you understand Larry’s way of thinking, the breakeven point should not be a major factor if you’re trying to figure out the best age to apply for Social Security. Suppose your primary concern is coming out on the right side of the breakeven point. You delay applying for Social Security and then die before receiving any benefits. In hindsight, yes, you would have gotten more money from the Social Security system if you applied earlier. But why on earth would that be your primary concern? If you apply as soon as you are eligible, your benefits are significantly reduced. And what happens if you do live beyond your breakeven point, and have to spend your golden years just getting by on your meager Social Security check? Social Security can provide you with a guaranteed monthly income, and the decisions you make can make a significant difference in your standard of living during retirement. And truthfully, that was the best Social Security advice I have ever heard. Thanks, Larry!

Last but not least, the decisions you make about claiming Social Security will become even more important when you consider the legislation that may spell the Death of the Stretch IRA. I’ll cover more about that in a later post.

Stop back soon for more Social Security talk!

-Jim

For more information on this topic, please visit our Death of the Stretch IRA resource.

P.S. Did you miss a video blog post? Here are the past video blog posts in this video series.

Will New Rules for Inherited IRAs Mean the Death of the Stretch IRA?

Are There Any Exceptions to the Death of the Stretch IRA Legislation?

How will your Required Minimum Distributions Work After the Death of the Stretch IRA Legislation?

Can a Charitable Remainder Unitrust (CRUT) Protect your Heirs from the Death of the Stretch IRA?

What Should You Be Doing Now to Protect your Heirs from the Death of the Stretch IRA?

How Does The New DOL Fiduciary Rule Affect You?

Why is the Death of the Stretch IRA legislation likely to pass?

The Exclusions for the Death of the Stretch IRA

Using Gifting and Life Insurance as a Solution to the Death of the Stretch IRA

Using Roth Conversions as a Possible Solution for Death of the Stretch IRA

How Lange’s Cascading Beneficiary Plan can help protect your family against the Death of the Stretch IRA

How Flexible Estate Planning Can be a Solution for Death of the Stretch IRA

President Trump’s Tax Reform Proposal and How it Might Affect You

Getting Social Security Benefits Right with the Death of the Stretch IRA

Posted on May 23, 2017 by James Lange in Roth IRA, Roth IRA Conversions, Social Security, Stretch IRA, Video Resources and tagged death of the stretch ira, inherited ira, James Lange, new ira laws, new ira rules, Roth IRA Conversions, Social Security, stretch ira.

Social Security Planning, Roth IRAs & Death of the Stretch IRA

First, I wanted to thank you for your comments and questions about my previous posts. It’s gratifying to know that my readers apparently care more about the financial future of their families than the latest wardrobe malfunction in Hollywood! And if you have any questions or comments, please feel free to send them over because I will do my best to address them.

I’ve had a number of people who wrote in to ask about a comment I made in a workshop, in which I said that, with the Death of the Stretch IRA likely being imminent, it’s more important than ever to “get Social Security right”. Those of you who have been subscribing to this blog for a while probably know the answer but, for the benefit of new readers, I want to back up and explain what I meant by “getting it right”.

Social Security Options Are Changing

There were major changes made to the Social Security rules last year – changes that could potentially mean hundreds of thousands of dollars of difference in your retirement income. When I learned that these changes were coming, I did everything I could possibly do to get the word out that if you did not get grandfathered under the old Social Security rules by April 26, 2016, you could lose out on a lot of money. Well, if you didn’t get grandfathered last year in time to take advantage of one excellent Social Security strategy called “Apply and Suspend”, it’s too late. It’s no longer an option, and people who apply for Social Security benefits after April 29, 2016 can’t do it. Another technique involving the filing of a Restricted Application for benefits will be going away in 2020. And while I’m not trying to rub salt in any wounds, the reason I’m reminding you about it is because the Social Security options for many people continue to disappear as Congress tries to fix the nation’s financial problems. The point that I want to make is that if you do not have the ability to take advantage of the same Social Security strategies as someone – maybe an older friend or family member – who was able to get grandfathered under the old rules, you will probably not be able to collect as much money from Social Security as they did – even if you have similar earnings records.

Social Security and Roth IRA Conversions Work Together

One idea that might benefit you is to consider a series of Roth IRA conversions. I’ve had people tell me that Roth IRA conversions won’t benefit them because they checked it out using an online calculator.
Well, online calculators are fine if your only source of income is from your IRA – but for most people, it isn’t. Most people collect Social Security, too. It’s important to understand that Social Security and Roth IRA conversions are complementary, not competing strategies.

The Death of the Stretch IRA Spells Changes Too

Getting Social Security right and using Roth IRA conversions effectively will be even more important if Congress finally does enact the Death of the Stretch IRA legislation.

Don’t think it’s that big a deal? This short video shows you just how much of a difference “getting Social Security right” and blowing it can make. The posts that follow this one will address some things that you can still do to maximize your own benefits even if you are not grandfathered under the old rules. Then I’ll show you how these ideas can be integrated with a series of Roth IRA conversions. With the possibility of the Death of the Stretch IRA hanging over our heads, it’s important to do what you can to defend your retirement savings!

Please stop back soon!

-Jim

For more information on this topic, please visit our Death of the Stretch IRA resource.

P.S. Did you miss a video blog post? Here are the past video blog posts in this video series.

Will New Rules for Inherited IRAs Mean the Death of the Stretch IRA?

Are There Any Exceptions to the Death of the Stretch IRA Legislation?

How will your Required Minimum Distributions Work After the Death of the Stretch IRA Legislation?

Can a Charitable Remainder Unitrust (CRUT) Protect your Heirs from the Death of the Stretch IRA?

What Should You Be Doing Now to Protect your Heirs from the Death of the Stretch IRA?

How Does The New DOL Fiduciary Rule Affect You?

Why is the Death of the Stretch IRA legislation likely to pass?

The Exclusions for the Death of the Stretch IRA