Case Study 6: Helping an ill and elderly parent

mother and adult childern

(Not actually Colin, his mother or sister)

Courtesy of Visual Photos

In today’s Case Study reader Colin offers us a chance to take a look at a tough situation many us have had or will have to deal with at some point. Many years ago, I did myself and with a situation eerily similar to Colin’s. His mother is sadly facing a serious illness and, with his help, is sorting thru a mix of investments that appear to have been chosen for the benefit of those selling them.

In this study we’ll see another example of why I don’t like investment advisors and we’ll examine some steps Colin can take to help his mother escape.

While I have already responded to Colin in Ask jlcollinsnh, it occurred to me this is a case that deserves wider readership. Many of you might benefit from the conversation and others might well have useful suggestions for Colin as well. If you do, I hope you’ll add your thoughts in the comments.

Here is Colin’s note:

I recently started reading your blog and I really enjoy all the great articles and advice.

I’m fairly confident when it comes to my own current investments, but I’d like to help my mother get her affairs in order and although I have ideas I’m a bit overwhelmed. I currently live in Germany so I’m somewhat limited with some of the help I can offer when I’m not in the US. I’m currently back in the US through the first week of January.

She was recently diagnosed with two types of cancer. One is a slow moving lymphoma and the other is squamous cell lung cancer which is large cell and less lethal than small cell lung cancer. She thought she was going to have surgery this week to remove a lobe of her lung but the date was moved to February. I came home with the intention to help her with her recovery but now that we have more time and energy I decided with her consent to help her get her home and finances in order.

My mother will be 65 in March and is retired. She receives $1,200 a month from social security. She has $40,000 in investments with Edward Jones of which $30,000 are in a taxable account and $10,000 are in an IRA. I was fairly shocked when I looked at what the taxable account is comprised of:

  • Freeport-McMoran Copper & Gold – FCX $13,876
  • Dawson Geophysical Co – DWSN $6,464
  • Broadcom Corp – BRCM $720
  • Patriot Coal Corp – PCXCQ $42
  • Hartford Balanced Income Fund C – HBLCX $11,071

The individual stocks are all holdover investments from a previous advisor at a different company my mother used.

I asked why no one at Edward Jones had sold the stocks as it is obviously very risky to have so much of ones money invested so narrowly especially at her age. She said that her current advisor wants to sell them but is waiting for the right time. That statement is a red flag to me. My mother did ask the advisor to take a small amount of her money and invest it aggressively.

I’d like to sell all of these stocks and the mutual fund and move most the money into Vanguard Total Bond Market with a small amount in Vanguard Total Stock Market and either a savings account, money market, or cd.

I know bonds are generally placed in tax deferred accounts but her income is so low I think her taxes would be minimal. Patriot Coal Corp is in the process of declaring bankruptcy and I was thinking it may be possible to use some of the capital losses to offset any capital gains. I’m not sure how bankruptcy affects selling stock. I realize that the stock may just be a total loss.

I think my mother would possibly like to stay with Edward Jones as they offer face to face advice (although I’m skeptical of the quality of it). I’m not sure if it would be possible to buy the Vanguard funds through EJ.

Would it be better to wait until the new year to put off paying taxes on the sale of the investments until the next tax year? I believe the Hartford Balanced Income Fund has a deferred load of 1% so I should probably read more about possible costs of selling it. If I transfer the investments to Vanguard from what I’ve read it would be better to transfer them in kind but I’m not sure all that implies.

Her IRA consists of:

  • Franklin Income Fund A – FKINX $4,240
  • Income Fund of American Fund A – AMECX $3,700
  • Lord Abbett Short Duration Income Fund A – LALDX $2,467

I’m slightly less concerned with these investments, but I’m nervous about how heavily they are invested in junk bonds. I didn’t know that mutual funds existed that would invest in dividend paying large cap stocks along with junk bonds. It is an interesting idea but seems overly complicated and risky. I would probably like to move these investments to Vanguard and place them all in Total Bond Market.

English cottage

Courtesy of Lilac  & Lavender

She owns her home with no mortgage in West Virginia on 60 acres in a rural area. Overall the house is in good shape but could use some repairs to plumbing and eventually will need a new roof. I’m sure other expenses will come up as often happens in life. The value is in the range of 80 to 100k. She has no desire or plans to move.

I think a possible asset allocation would be 70% Total Bond Market, 20% Total Stock Market, and 10% mix of savings account, cds, and money market. I like the Total International Stock fund as well (I own some in my AA) but it seems more volatile than is necessary.

She has a life expectancy as little as one year but possibly ten or more. It is really hard to tell at the moment. Besides the cancer she is very healthy and active. She will probably know more after her surgery in February but even then it is very uncertain.

I think it makes sense to have her assets as stable as possible so she can access the money as needed to make larger purchases for car and home repair.

My mother has a will and living will already. My sister and I are her only heirs and we are close and generally agree on how to proceed with all of these issues. My mother seems hesitant to spend the money to go to an estate lawyer but I think it would be good to go to see her options to protect her remaining assets and especially her home from medical debt.

I’m not concerned with inheriting the house or money but I also don’t want her to have to sign it over to the bank or hospital (she doesn’t either). She has been receiving a very generous amount of charity aid from the two hospitals she has been going to but the she has to reapply every six months. Currently she receives a 75% discount from one and a 100% from another. This won’t cover certain doctor’s fees though. She will have Medicaid until Medicare starts the month before she turns 65.

In your opinion does my mother have enough assets to warrant going to an estate lawyer?

It isn’t easy for me to make decisions with someone else’s money, but I don’t feel that my mother’s money is being handled appropriately.

I’ve read quite a few investment books at this point, but I have limited knowledge about issues she is facing. I’d hate to have someone from Edward Jones sell her another front load mutual fund with high fees and costs. I also don’t want her to lose her house. I know the decisions I make are ultimately my own and my responsibility but any advice would be greatly appreciated.

Thank you for your time,

Colin

And my reply:

Hi Colin…

I am very sorry to hear of the challenges your mother is facing with her health and finances. She is fortunate to have you there to help sort thru it all. And it is very fortunate she is open to your help and that you and your sister are on the same page.

You don’t mention what her annual expenses are, but I’m guessing she gets by on the $1200 from Social Security. I’m also going to assume you and your sister are willing and able to kick in to help support her if needed. This will play a role in the idea I’ll be suggesting at the end of this reply.

I am concerned that your mother asked the advisor to take a portion of her money to “invest aggressively.” This is the last thing someone her age and with her limited resources should be doing. Hopefully the advisor was honest enough not to take advantage of that request, but typically that’s like providing chum to sharks. In any event make sure it is off the table.

jaws

You are right to be concerned about her assets being in individual stocks and the advisor wanting to wait to “sell at the right time.” My guess is that this means some, in not all, are trading at a loss. It is foolish to hold on to these hoping for better days.

I agree with your plan to sell them all and redeploy the money at Vanguard in the Total Stock and Total Bond Funds. It is also a good idea to hold some cash for the house and car repairs you foresee. You are correct in that, at her income level, taxes are not much of a concern.

You should be able to sell the shares in the bankrupt company, but of course not for much.

It might be possible to buy the Vanguard funds thru Edward Jones (EJ), but why? You want to take all this and the IRA money out of EJ. Looking at what they have her in, the last thing your mother needs is more free advice from them. Clearly, these investments were made to benefit the broker, not your mother.

Likewise, roll the IRA into Vanguard. You can call Vanguard and they can help with the process. Don’t be surprised if EJ drags their feet and otherwise makes this difficult. It happens all too often. They don’t like seeing the gravy train head out the door.

Since your mother has minimal tax concerns, with the taxable account the easiest thing to do is have EJ sell everything and send her a check. She owes them no explanation. You could also do this with the IRA but you’d have to be sure to reinvest it in the Vanguard IRA within 60 days to avoid any taxes. But again, not a big deal for her.

Since we are near year end and just to spread the tax liabilities a bit, assuming there are capital gains in those stocks (and if not, no tax worries at all), you can sell the taxable stuff this year.

Then in January move the IRA to Vanguard and convert it to a Roth. Theoretically this will be taxable, but again in your mother’s situation a non-event. Once there, she’ll never have to pay tax on any withdrawals from it. Plus the Roth is much more advantageous to you and your sister should you inherit it.

Be sure she lists you as beneficiaries on all these accounts. This avoids probate and insures it passes seamlessly to you. Same with the taxable stuff.

And no, your mother doesn’t have enough assets to need an estate lawyer, but be sure her will is up to date.

As for the house, it sounds like that is where she is most comfortable and since she’s been there awhile and it is mortgage free I see no reason she shouldn’t stay as long as she is physically able.

My guess is that you might get some push back from her on leaving EJ. Sounds like she enjoys the interaction. But she is paying too steep a price. Here’s an alternative that would serve her better.

If you look at the right hand column here on the blog you’ll see an ad for Betterment. In the next few days I should have a post up recommending these guys. Not quite as cheap as DIY with Vanguard, they do provide an exceedingly simple way to invest in a portfolio of index funds. Rather than choosing the funds yourself, you open an account and tell them your goals. The software then suggests the asset allocations to reach those goals. Very simple and effective, and maybe just the level of involvement that your mother will enjoy with out the risk of expensive mistakes or her being sold high-profit-for-the-broker crap.

You mention a concern about losing the house to medical debt, but it is unclear in your comment whether she has that debt now or is concerned she might in the future. Regardless, she might want to consider moving some of her assets to you and your sister, and this is the idea I referred to in the beginning of my reply.

The IRS allows your mother to gift you and your sister each $14,000 with no tax consequences to you or her. If she can get comfortable with the idea, it would effectively take her taxable account from 30K to 6k. Less worry for her and possibly helpful in insuring the charitable benefits she now enjoys. Of course, if the time comes when she needs the money, you and your sister must be prepared to channel it back to her.

Hope this helps. Good luck to you and all the best to your mom!

Addendum #1:

Second thoughts on having mom gift money. From aspiringyogini in the comments below:

“I’m glad to hear that you will be talking to an elder care lawyer. We have consulted one too and have had good results. Your lawyer will very likely urge your mother to NOT give you money, just in case she needs long term nursing care and might need to qualify for Medicaid to get coverage. In order to qualify there is a 60 month look back period and if she has given money to her kids, then she would not qualify. This website echoes that and our elder care lawyer confirmed it too:http://www.elderlawanswers.com/how-gifts-can-affect-medicaid-eligibility-10006

Addendum #2: 

Also see Prob8’s detailed comment below. He is the author of this guest post:  Death, Taxes, Estate Plans, Probate and Prob8.

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Comments

  1. Brad@RichmondSavers says

    It never ceases to amaze me what vultures so many of these investment advisors really are! The vast majority are just glorified salesmen and they just care about the commission they’ll be earning.

    It’s criminal for someone with such limited assets to be put in those investments…

    I want to wish the best to Colin and his mom!

  2. Kevin says

    I’d be careful with the IRA funds. If Edward Jones cashes it and sends a check to her, they’ll default to withhold tax. But she’ll need to come up with the full amount to roll over. That’s another reason a direct trustee to trustee transfer is optimal.

    If you’re worried she might be in a taxable situation, maybe convert 1/2 the IRA to Roth now (if you can do it before 12/31) and 1/2 in January. Spread the hit out over 2 years. But with only SS income, she’s likely not paying taxes. Watch out for other tax benefits on the state level though.

    For estate planning, you might just add yourself and your sister as joint owners on the taxable account, if she’s comfortable with that. Otherwise a transfer on death designation might work.

    Good luck Colin, she’s lucky to have you looking out for her.

    • CWoods says

      Second that! Definitely do a direct transfer to Vanguard (or whomever else). I did some recently through them and it was really easy and painless.

  3. Colin Smith says

    Thanks for your thorough and prompt response. I just wanted to clarify a few questions you had from my post. The $1,200 from SS is enough to cover my mother’s annual expenses but not enough to cover replacing a roof or other major expenses. The cost of living is very low in rural WV and one of the cheapest places to live in the US. My mother is frugal overall and lives comfortably. My sister and I are willing to kick in to and help financially, but my mother is unwilling to accept any money from us. She has been trying to give me money for my plane tickets even though she knows I’m not willing to take it and don’t need it. She just feels that a parent can help their offspring financially but not the other way around.

    We were looking into a lawyer who specializes in elder law more than estate planning. We are hoping to lower or eliminate any contribution my mother might have to make to Medicare part B or D by her still receiving Medicaid. We were hoping a lawyer might be able to help us navigate some of the paper work. We were thinking a few hundred dollar investment in a few hours with a lawyer could possibly save thousands of dollars over the course of a few years in Medicare contributions. This is an area despite researching recently I feel very confused about. My mother currently has minimal medical debt and it may be retroactively paid for by Medicaid. We are worried about future medical expenses. We have a free consultation with an elder law lawyer next week.

    I will take a look into the services offered by Betterment.

    If you have any other questions or would like me to clarify anything else let me know.

    Thanks again,

    Colin

  4. Brian says

    Colin,

    I went through a similar situation with my grandfather passing a few years ago. Navigating through Medicare and Medicaid is extremely tough and in certain cases, best done by an attorney. Just make sure that you, your sister, and your mother all feel extremely comfortable with the attorney you work with. You need to be wary of someone that may take advantage of the situation with you being in Germany.

    I apologize for putting a negative thought in your head there but, well, I’ve been there. It’s best to be on your toes. Good luck with everything and have a safe trip back to Germany.

    Brian

  5. aspiringyogini says

    Hi Colin,

    You and your sister sound like great kids to your mom and it’s great that you both are working together to help her since it doesn’t go like this for many families — I know first hand since my husband and I take care of his father and things are not great between my husband and his brother.

    I’m glad to hear that you will be talking to an elder care lawyer. We have consulted one too and have had good results. Your lawyer will very likely urge your mother to NOT give you money, just in case she needs long term nursing care and might need to qualify for Medicaid to get coverage. In order to qualify there is a 60 month look back period and if she has given money to her kids, then she would not qualify. This website echoes that and our elder care lawyer confirmed it too: http://www.elderlawanswers.com/how-gifts-can-affect-medicaid-eligibility-10006

    All the best to your Mom and your family, Colin. I wish your Mom a speedy recovery this winter and hope she can continue to live in her own home and community.

    AY

  6. Prob8 says

    Colin – good to hear you are visiting with an elder law attorney. Medicaid rules are complicated and it would be a wise use of a few hundred dollars to have your questions answered and to get some guidance in that area.

    Although your mom does not have any concerns about estate tax, she should still have her estate affairs in order. She should have powers of attorney for healthcare and property in place. Someone will need to make financial and medical decisions for her if she can’t make them for herself or just needs help. She should also have a will. Get a price quote from your elder law attorney.

    Assuming she keeps her assets, investment accounts can be dealt with via TOD designations. That will avoid probate as Jim mentions. You should investigate whether your state allows transfer on death deeds for the house too (some states allow this). Your elder law attorney will know the answer to that question. If not, the house and land may need to go through probate unless it is gifted, a trust is used, or your state has generous small estate laws. Again, your elder law attorney will know.

    If a major gifting strategy is employed for Medicaid purposes, your lawyer will likely have all assets gifted at once. This would start the clock on that pesky Medicaid look-back period. Of course, Jim is right on the $14,000 per person per year gift limit. However, the IRS will also allow your mom to give her entire estate in one sitting if she desires. If she goes over the per person/per year limit, she will have to file a gift tax return – although no tax will be due. If real estate is gifted, appraisals may be needed. If gifting is suggested, you should ask about this and the concept of carry-over basis for the house/land.

    Good luck!

    • Prob8 says

      One additional thought . . . if your elder law attorney thinks he can help, be prepared for a pretty high price tag. I suggest that you not make any decisions on the spot. Take time to ask questions about how exactly the plan will accomplish your mom’s desired result and if any other, less expensive, ways are available. Keep us posted on how things go.

    • jlcollinsnh says

      Hi Paul…

      Unfortunately for my international readers: “Betterment currently only operates in the United States, and for regulatory reasons cannot accept customers residing outside the country. A customer must have a permanent U.S. address, a U.S. Social Security Number, and a checking account from a U.S. bank.”

  7. CWoods says

    Regarding the house – Couldn’t Colin’s mom sell her house & land to Colin and his sister for $1 and let her stay there? (Then Colin and his sister can pay for the new roof or whatever needs fixing.) In PA, I routinely see sales listed in the paper for $1 when the real/legal assets are transferred to family members.

    • Prob8 says

      Assuming PA Medicaid rules are similar to Illinois . . .

      it depends on what they are trying to accomplish. If they just want to get the property out of mom’s name to avoid probate . . . a gift is one way to get it done. Mom will have to file a gift tax return (assuming the value of the property exceeds the annual gifting limit). The children will get mom’s basis in the property – as opposed to a stepped up basis if they were to inherit the property from mom at death.

      If they are trying to qualify mom for Medicaid within the next 60 months, a gift or sale for less than fair market value will not work. Medicaid will find the transaction and penalize mom by not allowing her to qualify for Medicaid for basically the amount of time the gift (or discounted sale price) would have paid for her way in a nursing facility. If course, if mom is able to avoid Medicaid for the 60 month period after the gift there are no problems.

    • Whiskeyjack says

      I have no legal qualifications, but my mother was looking into this and I’ll throw it out to Prob8 to see what he thinks. She had something similar to a TOD written up for her home. It can be called a “Lady Bird” deed or a deed with retained life estate (possibly the word ‘enhanced’ was in there too). Using that the date of transfer becomes the date of death and it means that the house is inherited at the stepped up value and also avoids probate. No doubt the rules on this vary from state to state and I have no idea how Medicaid looks at it.

      And she still may not let you fix the roof.

      • Prob8 says

        Hmm, your comment touches on two different concepts. First is the TOD or transfer on death type of deed. In that type of deed, your mother retains full ownership of the property during lifetime and at her death the property automatically passes to the TOD beneficiaries (note: some states require the beneficiaries to record an acceptance of the gift after death). This is great for avoiding probate as it works much like a beneficiary designation on a life insurance policy. From a Medicaid standpoint, it’s not so good. Medicaid will deem the house as if it is owned by your mom during her lifetime and likely put a lien on the house if she every was accepted to the Medicaid program. Unless your state rules say otherwise, that lien will follow the property upon your mom’s death (assuming it has not been sold during her lifetime and the lien was already paid). On the bright side, you would get a stepped up basis at death. Also, public aid (at least in Illinois) does not usually foreclose on their lien when it comes to real estate. They typically wait for the property to be sold to collect.

        The second type of deed you describe could be a life estate deed. This is where your mom transfers her “remainder” interest in the property but keeps the right to use and control the property for the duration of her life. She could not sell or mortgage the property without the consent of the “remainder” owners. In this case, she is making a “gift” of the remainder interest and she will be subject to a 5 year look back period for Medicaid purposes based on the value of that gift. In Illinois, Medicaid would put a lien on the property during mom’s lifetime (assuming she is accepted into the Medicaid program). At death, they would release the lien (at least this is the way it works in Illinois – you should check on your state rules). This should qualify for a basis step up at death as well.

        To see how Illinois public aid treats life estates, see here: http://www.dhs.state.il.us/page.aspx?item=14931

  8. Pura Vida Nick says

    I opened up an Edward Jones account when I was 20, and and finally took the plunge 8 years later and switched to vanguard. It was surprisingly easy for me. I don’t even think I had to talk to EJ. I did it all through VG – they walked me through it. Out of courtesy I called my adviser at EJ to let him know. He wasn’t happy, of course, but my two cents is that it was surprisingly easy for me.

    • jlcollinsnh says

      That’s great to hear, PVN…

      …and the way it should be.

      Nice counterpoint to the horror stories I usually hear.

  9. Alice says

    Sorry, but you missed the boat on this one. The reality is, she will at some point need care, which if its in home care, could cost $5000-$8000 per month and not much less in assisted living or nursing care. They’ll probably have to get a reverse mortgage on the house or sell it to cover her care until she “spins down” into Medicaid. Welcome to the aging of the baby boomers.

  10. TK says

    I’m actually a financial advisor. I like to think I belong in the minority who actually provides advice and betters my clients situations.

    I’m not sure I agree with the Roth conversion at this point due to the 5 year holding period. I would think you would want to wait until her surgery to have a better idea on if she’ll need it first.

    • jlcollinsnh says

      Hi TK…

      Good to have you here and there is certainly a need for advisors who actually put their clients needs first. I’d be very interested in your thoughts on how someone looking can pick an advisor like you out of the crowd.

      As for the Roth you suggestion to wait until after the surgery is a worth considering and the 5-year holding period is a potential consideration.

      My thinking was that her expenses are currently covered, the IRA represents only 25% of her wealth and the Roth offers inheritance advantages. Of course there are a lot of potential variables at play here and only a crystal ball can tell what will turn out for the best.

      • TK says

        I definitely agree, and with no crystal ball I usually try to go for the more conservative option over the short term.

        Unfortunately, even though I am an advisor I would agree on your take about most of us. The good ones are very few and far between. I think we have some of the best/most intelligent in my office, but I wouldn’t trust my spouse with any of them.

        I’ve been considering looking towards a company like Betterment, so I appreciate your article on them.

        • jlcollinsnh says

          Makes sense!

          Interestingly, the good advisors like yourself that I’ve met are even harsher critics of their brethren than I.

          Your comment:
          “I think we have some of the best/most intelligent in my office, but I wouldn’t trust my spouse with any of them.”
          is especially fascinating to me. Care to elaborate?

          As for Betterment, I see them fitting between those who are willing and able to DIY with Vanguard and trying to find a skilled and honest advisor.

          https://jlcollinsnh.com/2013/12/16/betterment-wants-to-give-you-25/

          Anyway, glad to have you as a reader here!

  11. JE says

    You advised “move the IRA to Vanguard and convert it to a Roth. Theoretically this will be taxable, but again in your mother’s situation a non-event. Once there, she’ll never have to pay tax on any withdrawals from it.” Aren’t such Roth IRA’s untouchable for 5 years after the conversion? That was my understanding from your last post.

  12. Chad says

    My mother is 73 and has been diagnosed with dementia. She is still able to stay in her house but she pays a lady to keep her company during the day and make sure she eats and takes medication. My mom needs $16,000 to cover expenses above SS. Can someone please help me with allocation suggestions and order of accounts to withdraw from please. Current balances are taxable $80,000 IRA $180,000 ROTH $250,000. The IRA is 90/10 S&P 500 & federal money market. Other accounts are S&P 500. My plan was to take the rmd estimated at $7,500 and the rest from the taxable to get to a total of $16,000. I had also thought updating the total allocation to 75/25. Please help. Thank you.

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