With the start of a new year, are you thinking about your financial health for 2021 and beyond, including estate planning? In addition to a last will and testament, there are other tools you can use, such as trusts, to protect and transfer assets to loved ones.
A trust can allow one person, often called the “trustor” or “grantor,” to store or transfer assets to someone else, usually called the “beneficiary.” The “trustee” is the person or entity managing the trust assets according to the trustor’s instructions. The trust can contain different assets, such as real property, investment accounts, cash, business interests, and more.
Generally, there are two broad categories of trusts: revocable and irrevocable. A revocable trust can be changed or revoked by the grantor at any time. An irrevocable trust, on the other hand, cannot be altered, amended, or revoked, except under limited circumstances.
Within the broader categories of irrevocable and revocable trust, there are a variety of other types of trusts. There are charitable trusts which allow the grantor to transfer assets to specific charities. There are generation-skipping trusts which allow for the transfer of assets to grandchildren instead of children. Special needs trusts allow for the providing of financial support to beneficiaries with special needs without impacting eligibility for government benefits.
Choosing the right trust for you can depend on the assets you have, how you want to oversee those assets, tax considerations, and other issues. For help finding which type of trust may be beneficial to have in your estate plan, our office is here to assist. Please contact us to schedule an appointment.
‘Tis the season to give and receive, but did you know that this can have significant consequences if you need to apply for Medicaid in the next three to five years? Can gifts impact Medicaid eligibility? Yes, this can have impacts for both the giver and receiver.
Regarding the gift giver, it should be noted that the IRS allows a tax-free annual gift of fifteen thousand dollars per person with an unlimited amount of donees. In other words, a wealthy donor could gift away over a million tax free dollars per year by gifting a hundred different people the maximum fifteen thousand dollars.
It can be vital, however, to understand these are tax laws and Medicaid takes a different stance on gifting in terms of Medicaid eligibility. When a person’s assets are reviewed for Medicaid eligibility, this includes a “Look-Back” period of thirty to sixty months, depending upon the state. If it is discovered that the Medicaid applicant has gifted money in order to be eligible for Medicaid, the penalty is Medicaid ineligibility. The length of time of ineligibility is determined by the amount of the gift and the average cost of a private pay nursing home in the area.
A person deemed ineligible for Medicaid due to gift giving has some options. It is possible for the gifter to collect the gift back, or reimbursement, in order to “un-do” the penalty. Even if possession of the money makes them ineligible for Medicaid, they can spend it down by temporarily paying for long-term care or making a home modification related to their disability until they reach eligibility status. There may also be a possibility of an undue hardship waiver, if Medicaid ineligibility will cause the person to go without medical care, food or shelter.
There may also be important impacts on the gift receiver. All states have an asset limit to be Medicaid eligible and it is not very high. In fact, many states have limits falling in the range of fifteen hundred to two thousand dollars. Even a small gift can push a Medicaid recipient over the eligibility limit. Any gift received must be spent within a month in order to avoid affecting Medicaid eligibility. A Medicaid recipient has options if they receive a gift. They can pay off debt, purchase a funeral trust or a Medicaid eligible annuity. If money is received before applying for Medicaid, the money can also be spent down in a similar fashion.
If you will be giving or receiving money or other assets this holiday season and anticipate this may impact your Medicaid eligibility or someone else’s, contact our office to discuss your options.
Choosing to visit your aging parent during the holidays can be a great gift from you to them. It is during these visits, however, that you may learn that your parents are not physically or mentally able to care for themselves as well as in the past. You may determine during your visit that your aging parents are having significant problems dealing with activities of daily living and may need more help in the home.
We know how difficult this realization can be for you and your parents. As you face these challenges together, it is important for you to determine what strategies may best provide the support they need. Let us share seven tips for talking to your aging parents this holiday season that we share with our clients, friends, family, and local professionals in our community.
Are they having issues driving? As we age, driving becomes more difficult. It is not just the physical act of driving, but also, response times and observations. Be sure to let your parents drive you both short and long distances to determine how they are managing this task.
How is their day-to-day health? Observe your parents throughout your visit, taking time to see how they are doing throughout the day. Are mornings easier? Do they go to sleep after dinner? How quickly can they move between tasks?
Can they easily prepare meals? If your parents offer to prepare a meal, let them. Although many families go out to eat during visits or an adult child cooks, ask your parents to help. Be on the lookout for whether or not your parents have a hard time remembering frequently used recipes, where ingredients are placed, or remembering to turn off kitchen appliances, such as the oven.
How many medicines are they taking? Medicines increase for many Older Americans. Ask them to share their medication list and schedule for taking prescriptions. Are there duplications? Can your parents tell you why they take specific medicines? Is anything expired? Do they need help opening bottles? There are many pharmacies now that will organize medications by day and time. Talk to your parents about this type of service and if it would be beneficial.
What is the state of their house? If you can, stay at least one night in the home as you may not be able to observe the state of the house in a quick visit. Is it clean? It it well-maintained? Do your parents need help with organization or clutter?
Is their estate planning up to date? Ask your parents about their estate planning. The documents within their planning, such as the durable power of attorney, will be necessary in a crisis should you need to make decisions for them. What documents do they have included in their estate plan? Who is their decision maker? Is there an attorney you may talk to in a crisis?
Have they created a plan for long-term care? It is never too early to plan for long-term care. Ask your parents what plans they have created so far. Although this can be a difficult conversation to have, it is never too early to talk to them about what they want so you can both be prepared for the future.
We want you to know that we are here to help you answer these questions. We can work with your aging parents and you both now and in the new year. Do not wait to contact us to ask us your questions.