Latest / The Legal Exchange / Leaving real estate with a mortgage to your beneficiaries
Transcript
- 0:01Speaker 1: This is the Legal Exchange with Todd Lutsky from the
- 0:04Speaker 1: law firm of Cushing and Dolan and Susan Powers of
- 0:07Speaker 1: the Armstrong Advisory Group. Each week, Todd and Susan will
- 0:10Speaker 1: discuss many topics including estate planning, how to avoid probate,
- 0:13Speaker 1: and protecting your money from a nursing home. If you
- 0:16Speaker 1: need assistance in any of these areas, or have a
- 0:18Speaker 1: question about another issue that may affect your future, call
- 0:21Speaker 1: eight six six eight four eight five six ninety nine
- 0:24Speaker 1: to make an appointment. That's eight six six eight four
- 0:27Speaker 1: eight five six ninety nine. Operators are standing by. Now
- 0:31Speaker 1: Here are your hosts, Todd Lutsky and Susan Powers.
- 0:36Speaker 2: Welcome into the Legal Exchange with Todd Lutsky. I'm Susan
- 0:39Speaker 2: Powers of Financial Advice with the Armstrong Advisory Group and
- 0:43Speaker 2: I'm joined by Todd Lutsky, a partner with the law
- 0:45Speaker 2: firm of Cushing and Dolan with a master's in taxation.
- 0:50Speaker 2: Happy New Year, Todd, how are you.
- 0:52Speaker 3: Happy New Year to you and everyone out there? Happy
- 0:54Speaker 3: New Year. It's that time of year again. As it is,
- 0:57Speaker 3: we can all now start procrastinating.
- 1:00Speaker 2: And for new resolutions they will never be kept.
- 1:03Speaker 3: Let's just start procrastinating right now, which is exactly, interestingly enough,
- 1:08Speaker 3: what the guide is about. So, folks, we're going to
- 1:11Speaker 3: a couple of things we're gonna do. First, we're gonna
- 1:13Speaker 3: go to Virginia. We have an appellate tax court case
- 1:15Speaker 3: there where property passes by will subject to debt. You
- 1:21Speaker 3: don't think about mortgages on property when you're leaving it
- 1:26Speaker 3: to family members, but you need to. You don't think
- 1:29Speaker 3: about mortgages when you're dealing with irrevocable trust, but you
- 1:32Speaker 3: need to. Property is not always so easy to deal with.
- 1:35Speaker 3: And please, I mean a will in this case is
- 1:37Speaker 3: probably not even enough. But we're gonna learn about how
- 1:41Speaker 3: to deal with property with this Virginia appellate court case,
- 1:44Speaker 3: especially incumbered property. And so one case and one real
- 1:50Speaker 3: life story, folks, just we're gonna learn. And it again,
- 1:53Speaker 3: it's a procrastination situation where the family had spent about
- 1:57Speaker 3: two hundred and fifty thousand dollars before they reed. Wait
- 2:01Speaker 3: a minute, there's something I can do. I don't have
- 2:02Speaker 3: to pay the nursing home over and over. It is
- 2:07Speaker 3: they only had about five hundred thousand left. I said,
- 2:09Speaker 3: let's come in now, and do what we could have
- 2:12Speaker 3: done when you had seven to fifty instead of only
- 2:15Speaker 3: five hundred and so last minute things about look back periods,
- 2:20Speaker 3: penalty periods, and the old half a loaf technique, which
- 2:23Speaker 3: I'm definitely going to make a point to use this year,
- 2:26Speaker 3: try to use it more often. It's something we thought
- 2:28Speaker 3: we lost, but I think it's still there. Folks. Again
- 2:32Speaker 3: it's the beginning of a new year. Of course, we
- 2:34Speaker 3: come out with a guide called long Term Care Planning
- 2:37Speaker 3: for the procrastinator, so we have new Year's wishes that
- 2:40Speaker 3: we give up on right away. Well, let's not give
- 2:43Speaker 3: up on our planning. But if in fact you find
- 2:45Speaker 3: yourself faced with nursing home situation, there's last minute things
- 2:50Speaker 3: you can do, don't just write the check. From learning
- 2:53Speaker 3: how to protect a home to a vacation home, to
- 2:57Speaker 3: understanding how rental proper can be protected, how you use
- 3:01Speaker 3: annuities or pooled trust. What you're back now to talk
- 3:04Speaker 3: about last minute planning for money and annuities, and folks,
- 3:09Speaker 3: don't just write the check. There's always something that can
- 3:12Speaker 3: be done last minute not as good as advanced planning,
- 3:15Speaker 3: but nevertheless, get the guide eight six six eight eight
- 3:20Speaker 3: five six nine nine or Legal Exchange Show dot com.
- 3:24Speaker 3: It's new for the year eight six six eight four
- 3:28Speaker 3: eight five six nine nine or Legal Exchange show dot com.
- 3:33Speaker 3: Let's head over to Virginia. What do we got going
- 3:36Speaker 3: on here? Well, Sam prepared a will in two thousand
- 3:41Speaker 3: and five, and it had a clause in it that said,
- 3:44Speaker 3: you know, there's a certain parcel of land that I
- 3:47Speaker 3: want sold, and I want the money used to pay
- 3:50Speaker 3: the debts of the estate. That was right in the will. Okay. Also,
- 3:55Speaker 3: it had specific language devising a farm property to Rhea,
- 4:01Speaker 3: who worked there prior to them getting married. So twists.
- 4:08Speaker 3: So now he's married, So I just don't know if
- 4:11Speaker 3: he ever did any new planning, but now he has
- 4:13Speaker 3: a spouse who's supposed to get this property. Now, at
- 4:16Speaker 3: the time, the farm was not encumbered, but at his
- 4:21Speaker 3: death it did have one hundred and eighty four thousand
- 4:24Speaker 3: dollars mortgage on it. Okay, all right, Well, the pr
- 4:27Speaker 3: personal representatives sold the land as directed and paid off
- 4:32Speaker 3: some of the debts, but on the advice of an attorney,
- 4:35Speaker 3: did not pay off the farm. Well, Ria wasn't happy
- 4:40Speaker 3: about that, so she argued that the farm should have
- 4:42Speaker 3: been passed to her free of debts because his will
- 4:46Speaker 3: showed clear contrary intent to having the property pass free
- 4:52Speaker 3: of the mortgage. The general rule is that property passes
- 4:58Speaker 3: subject to the debt absent clear intent to the contrary. Well,
- 5:05Speaker 3: the trial court said the will did not satisfy the
- 5:09Speaker 3: clear intent to the contrary language, which I know you're
- 5:12Speaker 3: probably scratching your head as I was when I was
- 5:14Speaker 3: reading this. So the property passed subject to the debt. Well,
- 5:19Speaker 3: as you might imagine, she wasn't happy about that. So
- 5:23Speaker 3: Rhea the spouse appealed, and the appellate court affirmed the
- 5:29Speaker 3: trial court. They found that the general directive in a
- 5:32Speaker 3: will to pay off general debts shall not evidence equal
- 5:38Speaker 3: to contrary to the intent to that particular mortgage being
- 5:43Speaker 3: paid off. So Rhea, you get the property with the mortgage,
- 5:50Speaker 3: with the debt. Have fun with that. So interestingly enough,
- 5:55Speaker 3: I bring this one. I thought it was interesting when
- 5:57Speaker 3: I was reading it because so many people do play,
- 6:00Speaker 3: and so many people have real estate, sometimes multiple properties,
- 6:04Speaker 3: and sometimes they're encumbered. So I think we need to
- 6:07Speaker 3: know how to deal with property in and of itself,
- 6:11Speaker 3: never mind if it's encumbered. Right, So real estate right,
- 6:14Speaker 3: it's a tough property to deal with. So whenever you're
- 6:17Speaker 3: leaving a specific property to one individual, which he was
- 6:22Speaker 3: doing here, I already scratching my head as to why
- 6:25Speaker 3: there wasn't more planning done that he got married and
- 6:28Speaker 3: he had this spouse. I mean, I'm thinking there could
- 6:30Speaker 3: have been a trust done, there could have been a
- 6:32Speaker 3: state tax planning taken care of benefits of the remainder
- 6:35Speaker 3: shares and the marital shares. And yet you've got this
- 6:39Speaker 3: will leaving assets specifically to a spouse when you probably
- 6:43Speaker 3: could have left everything in trust for the spouse. Why
- 6:46Speaker 3: are we trying to cut out one property? But nevertheless,
- 6:51Speaker 3: that's what it said. And so when you're leaving one
- 6:55Speaker 3: property to an individual, make sure that person has the
- 6:59Speaker 3: ability to care for it, to pay for the bills,
- 7:04Speaker 3: and yes, to pay for any mortgage as well, because
- 7:08Speaker 3: remember remember the duan sale clause is going to kick
- 7:14Speaker 3: in when you die. Now, what the heck is that
- 7:18Speaker 3: the bank is going to call the note? Why because
- 7:22Speaker 3: they lend the money to Sam in this case, they
- 7:25Speaker 3: didn't lend the money to Rhea. So Ria, you may
- 7:29Speaker 3: now have the property, but the bank is going to
- 7:32Speaker 3: call the note and say, I want to be paid
- 7:34Speaker 3: in full. So if the child or a spouse in
- 7:39Speaker 3: this case that you leave assets to don't have the
- 7:42Speaker 3: money to pay or good credit right to qualify to
- 7:46Speaker 3: get their own mortgage, right, because you could refinance that,
- 7:51Speaker 3: the bank could take it over, maybe allow you to
- 7:53Speaker 3: assume it, but they're going to run you through the
- 7:56Speaker 3: credit check of course first. So if the child doesn't
- 8:00Speaker 3: have that, or the spouse, it's not likely they're going
- 8:03Speaker 3: to get to keep that property.
- 8:05Speaker 2: Yeah, they're going to have to sell it to pay
- 8:06Speaker 2: off the mortgage.
- 8:07Speaker 3: So you've got to think these things through, right, And
- 8:10Speaker 3: again I'm still flabbergasted at then no planning after he
- 8:13Speaker 3: got married to Rhea to do more. But let's keep
- 8:17Speaker 3: going for other people, right, not just focused on this case. Right.
- 8:20Speaker 3: If you're going to leave property, and I see this
- 8:22Speaker 3: a lot sometimes to benefit one particular child, whether that
- 8:27Speaker 3: child is special needs or not. That child just might
- 8:30Speaker 3: might not have the ability to buy their own home.
- 8:32Speaker 3: They might just need to have a roof over their head,
- 8:34Speaker 3: even though they work for a living, but they can't afford,
- 8:37Speaker 3: you know, to buy their own whatever reason, if you're
- 8:40Speaker 3: going to leave property and trust for that one particular child.
- 8:43Speaker 3: Make sure there's no mortgage on it, right, or make
- 8:47Speaker 3: sure you leave enough money in the trust to pay
- 8:49Speaker 3: off that mortgage, right, or you've got to put money
- 8:53Speaker 3: in the trust to carry it. So you say, okay,
- 8:56Speaker 3: all these things have to be checked off. And then
- 8:59Speaker 3: if I get past all those issues, and I say
- 9:03Speaker 3: hold this in trust for the life of my daughter,
- 9:06Speaker 3: and there's no money in the trust, she better have
- 9:09Speaker 3: the ability to at least pay the real estate taxes,
- 9:12Speaker 3: the upkeep, the maintenance, the utility bills. If you don't
- 9:16Speaker 3: think that that child can do that, then you better
- 9:18Speaker 3: make sure there's enough money in the trust to do that.
- 9:22Speaker 3: Or this won't work. Right, This won't work. And if
- 9:26Speaker 3: you are going to leave it and you want to
- 9:27Speaker 3: protect your children, your other children, make sure you put
- 9:31Speaker 3: language in there, like you can live there your whole life.
- 9:34Speaker 3: But if you have thirty ninety consecutive days that a
- 9:36Speaker 3: bill's not paid, you lose it. You leave for six
- 9:40Speaker 3: consecutive months, you lose it, you die, you lose it.
- 9:43Speaker 3: You give your written request to leave. Put teeth in
- 9:45Speaker 3: there to protect everybody. And lastly, remember when you're doing
- 9:49Speaker 3: irrevocable medicaid trust that if it's mortgaged and you're putting
- 9:53Speaker 3: the property in reserve, a life estate or a ninety
- 9:56Speaker 3: nine year least to prevent the do on sale clause
- 10:00Speaker 3: from being triggered. Folks lots to think about when you
- 10:02Speaker 3: do your planning, and sometimes when you don't and you
- 10:05Speaker 3: find yourself going into a nursing home. Learn how not
- 10:08Speaker 3: to just write the check. Get the guide eight sixty
- 10:11Speaker 3: six eight four eight five six nine nine or Legal
- 10:16Speaker 3: Exchange show dot com.
- 10:18Speaker 2: You've been listening to Todd Lutsky, a partner with the
- 10:20Speaker 2: law firm of Cushing and Dolan. I'm Susan Powers, a
- 10:24Speaker 2: financial advisor with the Armstrong Advisory Group, and we've got
- 10:28Speaker 2: much more to come. When we returned to the Legal
- 10:30Speaker 2: Exchange with Todd Lutsky.
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- 11:09Speaker 1: Call eight sixty six eight four eight five six ninety nine.
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- 11:15Speaker 1: Or you can request the guide online by visiting Legal
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- 13:21Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
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- 13:28Speaker 1: your own financial, tax, and estate planning advisors before making
- 13:30Speaker 1: any investment decisions. Armstrong may contact you to offer investment
- 13:33Speaker 1: advisory services. You're listening to the Legal Exchange with Todd Lutsky,
- 13:38Speaker 1: an expert in elder life planning and taxation. Need help
- 13:41Speaker 1: with your estate plan? Con Todd right now and make
- 13:43Speaker 1: an appointment eight six six eight four eight five six
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- 13:51Speaker 2: Welcome back into the legal exchange with Toddltsky. I'm Susan Powers,
- 13:55Speaker 2: a financial advisor with the Armstrong Advisory Group, and I'm
- 13:58Speaker 2: joined by Todd Latsky, apart with the law firm of
- 14:01Speaker 2: Cushing and Dolan, with a master's in taxation. Where we
- 14:05Speaker 2: headed now, Todd, we're headed nowhere.
- 14:07Speaker 3: We're headed to a real life story, which I think
- 14:09Speaker 3: sometimes is more fun than the case law. So we're
- 14:13Speaker 3: going to talk a little bit about you know, last
- 14:16Speaker 3: minute planning, of course, but you know, don't think that
- 14:21Speaker 3: you just have the right to check to the nursing home.
- 14:24Speaker 3: That's really the theory or that's the topic of this
- 14:28Speaker 3: real life story. Unfortunately, this family ended up spending about
- 14:32Speaker 3: two hundred and fifty thousand dollars before they realized and
- 14:35Speaker 3: I think they heard the show they realized and said,
- 14:38Speaker 3: wait a minute, you mean I don't have to keep
- 14:40Speaker 3: writing these checks. Wow. So we're going to learn how
- 14:43Speaker 3: to get down to and it's a single person by
- 14:45Speaker 3: the way, so it's not a married couple. Happens a
- 14:47Speaker 3: lot to single people, and how to get your assets
- 14:51Speaker 3: down to qualify financially for medicaid even last minute, when
- 14:57Speaker 3: you've done no planning. It's a really interesting story about
- 14:59Speaker 3: how to do it. And I think, folks, you'll find
- 15:02Speaker 3: that it might affect you a lot as well. So
- 15:06Speaker 3: let's get into it. The kids came in and they had,
- 15:10Speaker 3: like I said, they had spent about two fifty. They
- 15:12Speaker 3: knew in their mind that they had to get down
- 15:14Speaker 3: to about two thousand dollars. I said, wow, we still
- 15:17Speaker 3: got five hundred thousand left. But how you get a
- 15:21Speaker 3: single person down to that medicaid level is what they
- 15:24Speaker 3: don't know. They think they just need to spend, spend, spend, Well,
- 15:28Speaker 3: they have five hundred thousand dollars left and there was
- 15:31Speaker 3: no house. Now if he did if he did, it
- 15:36Speaker 3: would have now be if he didn't have. If he
- 15:38Speaker 3: did have the house, it would not be countable as
- 15:39Speaker 3: long as it's under a million ninety seven. But there's
- 15:42Speaker 3: no house. So what do we do here, folks? What's
- 15:45Speaker 3: the lesson? Well, I'm going to talk first about the
- 15:48Speaker 3: half a loaf technique, which you don't hear much about anymore,
- 15:52Speaker 3: and annuities. Now, obviously the first thought would be, well,
- 15:55Speaker 3: I can always buy this medicaid annuity for five hundred
- 15:57Speaker 3: thousand dollars. I'll come back to that. That is an option, right,
- 16:02Speaker 3: But in reality, you can also do this half a
- 16:05Speaker 3: loaf technique where you know, if I want to give
- 16:08Speaker 3: away some of the money and keep some of the money,
- 16:11Speaker 3: can I guarantee myself some money, right, versus an annuity
- 16:16Speaker 3: which you could ultimately live long and spend every penny. Right.
- 16:22Speaker 3: So let's run through this approach, how it works and
- 16:26Speaker 3: what it is. Well, so in this case, if I
- 16:30Speaker 3: was to give away five hundred if I have five
- 16:34Speaker 3: hundred thousand dollars and I was to give away two
- 16:36Speaker 3: hundred and fifty thousand to my children, well that's a
- 16:39Speaker 3: bad thing. That's called a Medicaid disqualifying transfer. You're absolutely right.
- 16:44Speaker 3: And this is where we go through the look back
- 16:45Speaker 3: period and the penalty period a little bit. So the
- 16:49Speaker 3: lookback period doesn't is a five year waiting period, and
- 16:52Speaker 3: it starts to run the moment we give that two
- 16:55Speaker 3: fifty to the kids. But a penalty period doesn't start
- 16:59Speaker 3: to run that quickly. But the penalty period is also less.
- 17:03Speaker 3: It is not sixty months. The penalty period is calculated
- 17:07Speaker 3: so now it's two hundred and fifty thousand. Divide by
- 17:09Speaker 3: it's approximately thirteen thousand a month. It's about nineteen point
- 17:14Speaker 3: two months. Okay, So if I give away two point fifteen,
- 17:18Speaker 3: I divide it by this denominator, which is the average
- 17:20Speaker 3: cost of nursing home care in the state that the
- 17:22Speaker 3: state gives us. I got about nineteen twenty month penalty period.
- 17:27Speaker 3: That penalty period doesn't begin to run yet, but I'm
- 17:32Speaker 3: going to explain how it does and how we can
- 17:35Speaker 3: get it to run, and then also come back and
- 17:37Speaker 3: talk a little bit about what do I do with
- 17:40Speaker 3: the remaining two hundred and fifty thousand dollars that mom kept, right,
- 17:44Speaker 3: and how do we get rid of that? Folks. These
- 17:47Speaker 3: are the kind of techniques that are listed in the
- 17:49Speaker 3: long term care Planning for Procrastinator's guide. Excuse me right.
- 17:54Speaker 3: It talks about annuities. It talks about this half a
- 17:58Speaker 3: loaf technique, there's an actual example in there, and explains
- 18:01Speaker 3: it in the Zanner case. It talks about what to
- 18:03Speaker 3: do with excess money when you have it left over,
- 18:07Speaker 3: and yes, it also talks about things like your home,
- 18:09Speaker 3: which is most important and that's a special asset and
- 18:12Speaker 3: how it's treated versus perhaps a vacation home and rental
- 18:16Speaker 3: property which are also special but not as special as
- 18:19Speaker 3: the home. So folks lots to learn about. Please don't
- 18:22Speaker 3: write the check, call and get the guide brand new
- 18:26Speaker 3: for the year eight six six eight four eight five
- 18:29Speaker 3: six nine nine or Legal exchange Show dot com Long
- 18:33Speaker 3: Term Care Planning for the Procrastinator eight six six eight
- 18:38Speaker 3: four eight five six nine nine or Legal Exchange Show
- 18:42Speaker 3: dot com. All right, let's go back to this. So far,
- 18:46Speaker 3: I've given away two fifty to my kids. I tell
- 18:48Speaker 3: them stick it in that bank.
- 18:49Speaker 2: Account, and we have two fifty left.
- 18:51Speaker 3: We still got two fifty. So if we were to
- 18:53Speaker 3: apply for Medicaid right now, we would get denied. Now, remember,
- 18:57Speaker 3: here's how that penalty period which is way shorter than
- 19:01Speaker 3: the sixty month look back period, and so we want
- 19:03Speaker 3: that penalty period to apply. In order for that to run,
- 19:08Speaker 3: there's a four pron test. You have to be in
- 19:11Speaker 3: a nursing home. Okay, we've got that. Two you have
- 19:14Speaker 3: to make a bad gift. We did that, and we
- 19:17Speaker 3: have to apply for Medicaid, which we will do, and
- 19:21Speaker 3: we have to get a denial from the state that
- 19:25Speaker 3: says you're denied because of that gift only, and then
- 19:33Speaker 3: they would calculate a penalty period and say come back
- 19:35Speaker 3: and see us in twenty months. Sure, that's what we want.
- 19:40Speaker 3: But if we just apply and left the two hundred
- 19:43Speaker 3: and fifty thousand dollars in the hands of mom in
- 19:46Speaker 3: the nursing home, that isn't going to get us the
- 19:49Speaker 3: penalty period running because when we apply, we would be
- 19:53Speaker 3: applying and we would get denied because she's got two
- 19:58Speaker 3: hundred and fifty thousand dollars, which is more than the
- 20:01Speaker 3: two thousand that you're allowed to keep as a single
- 20:04Speaker 3: person before you're eligible for Medicaid. So denied and the
- 20:09Speaker 3: clock doesn't begin to run. And that's why the five
- 20:11Speaker 3: year penalty period used to or the look at the
- 20:14Speaker 3: half a loaf theory didn't work. Right, Okay, so we
- 20:18Speaker 3: need to do something else. Now, the two hundred and
- 20:21Speaker 3: fifty that mom is left with, we take and we
- 20:26Speaker 3: buy a private Well, we could buy a commercial annuity,
- 20:30Speaker 3: right and you can find short term commercial annuities. If not,
- 20:33Speaker 3: you do a private one. But let's say we bought
- 20:35Speaker 3: a short term commercial annuity. So this money goes to
- 20:39Speaker 3: purchase an annuity for how long.
- 20:43Speaker 2: Is it Mom's money or the money she gave to
- 20:45Speaker 2: the kids that you buy the annuity with.
- 20:47Speaker 3: It's mom's money. Yeap. Mom has the two hundred and
- 20:50Speaker 3: fifty that's left. She already gave two fifty to the kids.
- 20:52Speaker 3: She needs to get rid of this other two fifty
- 20:54Speaker 3: in a way that doesn't create a waiting period.
- 20:57Speaker 2: HM.
- 20:58Speaker 3: Buying an annuity does not create a waiting period, And
- 21:02Speaker 3: you'll see that in the guide, Folks of the Dermody
- 21:04Speaker 3: case is an SJC decision here in mass that kind
- 21:07Speaker 3: of blessed these annuities if you follow all the annuity
- 21:11Speaker 3: rules when you buy it. So in this case, she's
- 21:15Speaker 3: going to go buy an annuity for how long? Remember it's
- 21:17Speaker 3: got to be termed certain and it can't be longer
- 21:20Speaker 3: than her life expectancy. Okay, Well, in this case, she's
- 21:24Speaker 3: going to buy an annuity for about twenty months. Why
- 21:28Speaker 3: because that equals the penalty period that we need to
- 21:33Speaker 3: get running. Okay, So she buys it. If you take
- 21:38Speaker 3: two hundred and fifty thousand divided by nineteen point two months,
- 21:41Speaker 3: which is the penalty period, it's about thirteen thousand a
- 21:45Speaker 3: month that this annuity company is going to pay Mom. Well,
- 21:49Speaker 3: Mom's got about twenty five hundred three thousand a month
- 21:52Speaker 3: in Social Security coming in, so she's got about sixteen grand.
- 21:55Speaker 2: A month in total income.
- 21:57Speaker 3: In total income, guess what that'll cover the nursing home.
- 22:02Speaker 3: So now we apply and apply the four prong tests. Yeah,
- 22:08Speaker 3: you're going to get denied this time because of the gift. Yep,
- 22:13Speaker 3: because she's certainly financially eligible, so there's no other reason
- 22:16Speaker 3: to deny her but for this transfer, which will in
- 22:19Speaker 3: fact trigger the waiting period. In fact, they're nice enough
- 22:24Speaker 3: to send you a letter to say, come back and
- 22:26Speaker 3: see us in nineteen point two months because that's the
- 22:28Speaker 3: penalty period.
- 22:29Speaker 4: Ye.
- 22:30Speaker 3: Now, how do we cover it? We've got the money
- 22:31Speaker 3: coming in, right, So if we have the money coming
- 22:34Speaker 3: in to cover the nursing home, we're all set. Go away,
- 22:38Speaker 3: come back in nineteen point two months, reapply. Okay, well
- 22:44Speaker 3: we have less than two thousand dollars because all the
- 22:46Speaker 3: money that came back went to the nursing home, we'd
- 22:49Speaker 3: get approved. Now, why do we like to half a
- 22:51Speaker 3: loaf better than an annuity? Which is a song for
- 22:54Speaker 3: another day. But because you're guaranteed in this case, no
- 22:58Speaker 3: matter how long mom lives you're gonna get two fifty,
- 23:01Speaker 3: whereas if you do an annuity and they live a
- 23:03Speaker 3: long time, you could bleed out the entire amount. Plus
- 23:07Speaker 3: there's a payback provision with annuities, folks. This is just
- 23:11Speaker 3: a lesson how to not write the check when you
- 23:16Speaker 3: enter a nursing home and think there's nothing to do.
- 23:19Speaker 3: Get the guide long Term Care Planning for Procrastinators and
- 23:22Speaker 3: learn the different techniques that are out there eight sixty
- 23:26Speaker 3: six eight four eight five six nine nine or Legal
- 23:30Speaker 3: Exchange show dot com. It's brand new for the year.
- 23:34Speaker 2: You've been listening to Todd Lutsky, a partner with the
- 23:36Speaker 2: law firm of Cushing and Dolan. I'm Susan Power as
- 23:40Speaker 2: a financial advisor with the Armstrong Advisory Group and Todd
- 23:43Speaker 2: will be answering your listener questions when we return to
- 23:47Speaker 2: the Legal Exchange with Todd Luedsky.
- 23:50Speaker 1: The average monthly cost for a private room in New
- 23:52Speaker 1: England could double by twenty forty so if you're not
- 23:54Speaker 1: prepared to handle the increased costs of nursing home care,
- 23:57Speaker 1: your assets may be at risk. Crushing and Dolan today
- 24:01Speaker 1: and request their new guide call long Term Care Planning
- 24:03Speaker 1: for procrastinators. It'll help you understand how to protect your
- 24:07Speaker 1: assets and allow you to enjoy your later years. An
- 24:10Speaker 1: unexpected nursing home stay could significantly reduce your wealth and prosperity.
- 24:14Speaker 1: Call Cushing and Dolan right now at eight six six
- 24:16Speaker 1: eight four eight five six nine nine and get your
- 24:19Speaker 1: free guide called Long Term Care Planning for Procrastinators. Don't
- 24:22Speaker 1: put off today what you might really need to do tomorrow.
- 24:25Speaker 1: Call eight sixty six eight four eight five six ninety nine.
- 24:29Speaker 1: That's eight six six eight four eight five six ninety nine.
- 24:32Speaker 1: Or you can request the guide online by visiting Legal
- 24:34Speaker 1: exchange Show dot com. That's Legal exchange Show dot com.
- 24:39Speaker 1: The proceeding was paid for in the use expressed are
- 24:40Speaker 1: solely those of Cushing and Dolan. Cushing and Dolan Indoor
- 24:43Speaker 1: Armstrong Advisory may contact you offering legal or investment services.
- 24:46Speaker 1: Cushing and Dolan and Armstrong Advisory do not endorse each
- 24:48Speaker 1: other and are not affiliated.
- 24:50Speaker 4: As technology continues to evolve, financial frauds and scams are
- 24:53Speaker 4: becoming more regular and pose a serious threat to your finances. HI,
- 24:57Speaker 4: this is Mike Armstrong from the Armstrong Advisory Group understanding
- 25:00Speaker 4: how to identify these scams can reduce your risk of
- 25:03Speaker 4: becoming a victim.
- 25:04Speaker 3: Our new guide is called seven.
- 25:06Speaker 4: Common Financial Frauds and Scams, where we offer information that
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- 25:17Speaker 4: The new guide will focus your attention on practical tips
- 25:20Speaker 4: to protect your financial health. Call eight hundred three nine
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- 25:30Speaker 4: zero zero one, and ask for your free copy of
- 25:32Speaker 4: seven Common Financial Frauds and Scams at eight hundred three
- 25:35Speaker 4: nine three four zero zero one.
- 25:37Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 25:39Speaker 1: registered investment advisor. Nothing in the ad or in any
- 25:41Speaker 1: Armstrong Guide a specific financial, legal, or tax advice. Consult
- 25:44Speaker 1: your own financial tax into state planning advisors before making
- 25:46Speaker 1: any investment decisions. Armstrong may contact you to offer investment
- 25:49Speaker 1: advisory services. The calendar is turned and the cold is
- 25:53Speaker 1: here to stay, So now is the perfect time to
- 25:55Speaker 1: plan that getaway to the US Virgin Islands. Fact now
- 25:58Speaker 1: and take advantage of a special promotion to Saint Croix.
- 26:01Speaker 1: Experience a vibe like no other and receive a two
- 26:04Speaker 1: hundred and fifty dollars per person airfare credit and a
- 26:07Speaker 1: free hotel night when you book a five night minimum
- 26:10Speaker 1: stay with any participating hotel before June thirtieth, twenty twenty five.
- 26:14Speaker 1: Saint Croix is known for its incredible history and spectacular architecture,
- 26:18Speaker 1: along with world class cuisine, incredible golf courses, and a
- 26:21Speaker 1: wide variety of water sports. From the moment you arrive,
- 26:24Speaker 1: you'll fall naturally in rhythm with the heartbeat of the islands.
- 26:27Speaker 1: There's no money to exchange, and travel from New England
- 26:30Speaker 1: could not be easier. America's Caribbean paradise is waiting for you.
- 26:35Speaker 1: Experience a vibe like no other on the island of
- 26:37Speaker 1: Saint Croix. Go to visit USVII dot com and use
- 26:41Speaker 1: the code Vibe twenty twenty five for more information and
- 26:44Speaker 1: book your trip today. That's visit USVII dot com and
- 26:47Speaker 1: code Vibe twenty twenty five.
- 26:51Speaker 5: Hi, I'm Michael Vlila, adjudent of the Disabled American Veterans
- 26:54Speaker 5: Department of Massachusetts. The DAVIA of Massachusetts provides thousands of
- 26:58Speaker 5: hours of voluntary services at our VA medical centers and
- 27:01Speaker 5: soldiers homes, and is the only DAV department in the
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- 27:16Speaker 5: Please visit DAV fivek dot Boston. That's DAV fivek dot Boston.
- 27:22Speaker 1: You're listening to the Legal Exchange and it's time for
- 27:26Speaker 1: Ask Todd, the segment where Todd will answer your questions
- 27:29Speaker 1: about anything and everything that's included in the estate planning process.
- 27:33Speaker 1: Once again, here's Todd, Lutsky and Susan Powers.
- 27:38Speaker 2: Welcome back, Todd. I have a few questions from listeners.
- 27:41Speaker 2: First question comes from Frank in Boston, mass And Frank writes,
- 27:45Speaker 2: I am a widower with only one son who is
- 27:48Speaker 2: irresponsible with his finances. I created an irrevocable trust years
- 27:53Speaker 2: ago and put my home in it. The majority of
- 27:55Speaker 2: my money, around eight hundred thousand, is in my IRA.
- 28:00Speaker 2: Make my irrevocable trust the beneficiary of my IRA, rather
- 28:04Speaker 2: than paying it out directly to my son. If so,
- 28:07Speaker 2: is there a downside to doing this?
- 28:10Speaker 3: So the quick answer is yes, how do you like that?
- 28:15Speaker 3: That's nice refreshing for the new year.
- 28:17Speaker 2: Becom an attorney for a straight answer right out of
- 28:20Speaker 2: the gate. Thank you, We all appreciate that.
- 28:22Speaker 3: You do. You know, want to make sure your trust
- 28:25Speaker 3: is drafted in a way that makes sense to do that.
- 28:27Speaker 3: What do I mean if this irrevocable trust that was
- 28:31Speaker 3: that was done a while ago, and I guess says
- 28:34Speaker 3: for Irris because he was irresponsible. So I assume the
- 28:38Speaker 3: trust doesn't just say when I die, I divide everything.
- 28:41Speaker 3: Oh it's his only son, only son. I leave everything
- 28:44Speaker 3: to my only son, pay it out if living. Yeah,
- 28:47Speaker 3: I'm assuming not because he said he's irresponsible, right, So
- 28:50Speaker 3: I'm going to go with that too. But I want
- 28:51Speaker 3: to just again, we're talking to a large audience, so
- 28:53Speaker 3: I want everybody to think about that when we answer
- 28:56Speaker 3: this question. If you want to name your IRA, the
- 29:00Speaker 3: beneficiary of your ira, excuse me, the trust, you can
- 29:04Speaker 3: do that. But if the goal is because you don't
- 29:07Speaker 3: want your child to just get it outright, but your
- 29:09Speaker 3: trust says divide assets equally amongst children and pay it out, well,
- 29:14Speaker 3: then there's no reason to do that. Just list them
- 29:17Speaker 3: on the IRA and it's the same. It doesn't accomplish anything,
- 29:21Speaker 3: and you don't have to have an ID number for
- 29:23Speaker 3: the trust and then file tax returns and all that.
- 29:26Speaker 3: But if in this case it says everything in my
- 29:31Speaker 3: trust is held in trust for the benefit of my son,
- 29:34Speaker 3: who may or may not be trustee, but in any event,
- 29:38Speaker 3: there's a disinterested trustee that probably makes the discretionary distributions
- 29:43Speaker 3: out to him for health, education, welfare and support, or
- 29:48Speaker 3: maybe just sole discretion. It depends on how much flexibility
- 29:53Speaker 3: you want the disinterested trustee to have. If that's what
- 29:57Speaker 3: it says, well, then yeah, I've got a huge IRA
- 30:01Speaker 3: outside the trust. Well I don't want that going out
- 30:03Speaker 3: right to my financially irresponsible kid.
- 30:06Speaker 2: Right, he'd get a bucket with eight hundred grand in
- 30:08Speaker 2: it to do with whatever he wanted if he's named
- 30:10Speaker 2: is the beneficiary.
- 30:11Speaker 3: And probably wouldn't even realize that if they took out
- 30:14Speaker 3: the eight hundred they'd be in top bracket all income taxable.
- 30:17Speaker 3: Every penny that comes out is income taxable. And remember
- 30:21Speaker 3: not capital gains, income taxable, ordinary income taxable. Big hit. Okay,
- 30:27Speaker 3: so name the trust absolutely agree. If we do that,
- 30:32Speaker 3: a couple things. One, yes, you're going to need an
- 30:34Speaker 3: ID number for the trust, which you might have needed
- 30:36Speaker 3: for the other money anyway. Then this trust is going
- 30:39Speaker 3: to have to file an income tax return every year
- 30:43Speaker 3: after the death of the donor.
- 30:45Speaker 2: Which you'd have to do anyway if it.
- 30:47Speaker 3: Had regular money and investments in it. Yes, you would
- 30:50Speaker 3: have to do it anyways. So now you get a
- 30:53Speaker 3: ten forty one, you get a tax ID number, and
- 30:55Speaker 3: the language in there says file a tax return. Well, remember,
- 30:58Speaker 3: the IRA will will kind of be moved, but not really.
- 31:02Speaker 3: It'll stay in the name of the decedent, but the
- 31:05Speaker 3: beneficiary will be FBO the trust. And so then every
- 31:10Speaker 3: year you'll have to move money out of that IRA
- 31:13Speaker 3: into the trust account, which is the required minimum distribution.
- 31:18Speaker 3: And under the new laws, the required minimum distribution requires
- 31:22Speaker 3: a ten year payout to a kid. Yep, so it
- 31:25Speaker 3: will look through pay it out over ten years. The
- 31:28Speaker 3: question is from an if there's so, there's no downside.
- 31:32Speaker 3: That's a great upside. This is protected from his creditors, divorces,
- 31:36Speaker 3: what have you. The only thing that you have to
- 31:39Speaker 3: think about year to year is when you deposit that
- 31:42Speaker 3: money into the trust as a required minimum distribution. Do
- 31:46Speaker 3: I want to pay it to the kid? Because if
- 31:49Speaker 3: I don't pay it to the kid, yes, it's protected
- 31:51Speaker 3: from his creditors, but it's going to be income taxed
- 31:55Speaker 3: at the trust level, which is which is higher compressed
- 31:58Speaker 3: rates over fourteen, you're at the top rate. If I
- 32:02Speaker 3: pay it out to the kid, it's just a little piece,
- 32:04Speaker 3: whatever it is, it'll carry out that income to that child,
- 32:08Speaker 3: and that child will be able to pick up the
- 32:10Speaker 3: income on their personal return. Huge win. So think it
- 32:16Speaker 3: through each time. And that's only downside. I don't think
- 32:18Speaker 3: that's a downside That outweighs protecting it for self. So
- 32:23Speaker 3: absolutely do that, folks, for sure. So think about that, folks.
- 32:27Speaker 3: And this is really part of the idea of the guide.
- 32:31Speaker 3: This is protecting it for that kid. But if you're
- 32:33Speaker 3: doing your planning, this parent might want to do an
- 32:37Speaker 3: irrevocable trust well they're living, so that they can make
- 32:41Speaker 3: sure the assets they have aren't taken by the nursing home.
- 32:44Speaker 3: This guide tells you how to do it if you've
- 32:47Speaker 3: not done any planning. But I'm telling you think about
- 32:50Speaker 3: doing long term care planning. But get the guide in
- 32:53Speaker 3: case you're faced with last minute planning. In that case,
- 32:56Speaker 3: this guide tells you how to protect it from a
- 32:58Speaker 3: home of vacation home. How they're different annuities. Get the
- 33:03Speaker 3: guide eight six six eight four eight five six nine
- 33:07Speaker 3: nine or Legal Exchange Show dot com Brand New for
- 33:09Speaker 3: the year eight six six eight four eight five six
- 33:13Speaker 3: nine nine or Legal Exchange Show dot com.
- 33:16Speaker 2: Our last question comes from Anna and Belmont mass and
- 33:19Speaker 2: Anna writes, my father recently passed away and named me
- 33:23Speaker 2: is the only beneficiary of his IRA. My mother is
- 33:27Speaker 2: currently in a nursing home on Medicaid. Someone told me
- 33:31Speaker 2: that the nursing home will come after the IRA because
- 33:34Speaker 2: my dad can't legally disinherit his wife. Oh is that true, folks?
- 33:40Speaker 3: This is probably the greyest of areas. We went from
- 33:43Speaker 3: a nice yes answer, Well, it depends to one of
- 33:48Speaker 3: the greyest areas that there is. I have to tell
- 33:51Speaker 3: you I have not seen that. Yeah, but but I
- 33:57Speaker 3: can tell you that if you just follow the letter
- 33:59Speaker 3: of the law. The leather of the law says that
- 34:03Speaker 3: a disqualifying transfer and it's a big paragraph, right, A
- 34:08Speaker 3: disqualifying transfer is, among other things, failure to take an
- 34:15Speaker 3: action to get something that you are legally entitled to get.
- 34:21Speaker 3: So failing to go get this under the yeah, yeah,
- 34:26Speaker 3: to get the IRA under your forced share statute could
- 34:32Speaker 3: be a problem. Could be a disqualifying transfer. And I
- 34:36Speaker 3: mean the fact that you didn't leave it to your spouse.
- 34:39Speaker 3: You're gone, So is that a disqualifying transfer to the spouse. Yes,
- 34:43Speaker 3: you're treated as a unit. So I think that the
- 34:48Speaker 3: letter of the law says that. Yeah. I think they're
- 34:52Speaker 3: going to say you can go now if you left
- 34:55Speaker 3: enough other assets to that spouse to satis fy the
- 35:02Speaker 3: forced share piece, yep. I think that they wouldn't say
- 35:07Speaker 3: that you didn't exercise your right to go get something
- 35:10Speaker 3: that you're entitled to because you are entitled to more
- 35:13Speaker 3: by not exercising it.
- 35:14Speaker 2: So let's let's look at the like kind of put
- 35:18Speaker 2: some numbers on this. So if Mom qualified for medicaid,
- 35:21Speaker 2: that means Dad probably had less than one hundred and
- 35:24Speaker 2: fifty grand or.
- 35:25Speaker 3: An annuity or some other things. Yeah, she could, but
- 35:28Speaker 3: there could have been a house right that was not countable,
- 35:31Speaker 3: So there could have been these other assets for other stuff.
- 35:33Speaker 2: But let's just say it's seventy five grand. We're talking about.
- 35:36Speaker 2: So this is one hundred and fifty thousand, So in
- 35:39Speaker 2: that instance, as a spouse, would she have been entitled
- 35:42Speaker 2: to half of that? Is that they round that.
- 35:46Speaker 3: I'd have to go back and double check the statute
- 35:49Speaker 3: before I quote exact numbers on that thing. But you know,
- 35:53Speaker 3: I think the easier answer is just just let's assume
- 35:57Speaker 3: she's entitled to it all. Yeah, right, let's go worst
- 36:00Speaker 3: case scenario here.
- 36:01Speaker 2: What do they do with it if she's entitled?
- 36:03Speaker 3: Yeah, I mean that's how I would look at this.
- 36:05Speaker 3: I would say, look, you can try applying, but if
- 36:08Speaker 3: you know, and again I've not seen this state pursue
- 36:11Speaker 3: this very often, ye, but you know they can be aggressive.
- 36:17Speaker 3: So I would just say, look, you got one hundred
- 36:20Speaker 3: and fifty thousand dollars and no other money. You've been
- 36:22Speaker 3: on medicaid, so obviously there's no other assets. And this
- 36:25Speaker 3: assumes she didn't inherit his house and there was no
- 36:28Speaker 3: other assets. So if she's going to get this one
- 36:32Speaker 3: hundred and fifty thousand, I would probably just tell her,
- 36:34Speaker 3: depending on her age, why don't you just buy a
- 36:36Speaker 3: medicaid annuity or take the asset and put it in
- 36:39Speaker 3: a pool trust remember, for single people pool trust. Depending
- 36:42Speaker 3: on her age and you know what her health is,
- 36:44Speaker 3: you can you can explore either the pool trust option
- 36:48Speaker 3: or buy a Medicaid annuity and just convert it to
- 36:51Speaker 3: an income stream for her she'd be eligible for Medicaid.
- 36:54Speaker 3: Or pooled trust with a payback provision, she'd be eligible
- 36:57Speaker 3: for Medicaid.
- 36:58Speaker 2: So I want to circle back to those options when
- 37:00Speaker 2: we return to give them some information on that.
- 37:03Speaker 3: Yeah, so, folks, that's how you get it. There are
- 37:07Speaker 3: these techniques. They're listed in the guide Learn How to
- 37:10Speaker 3: Protect Your Assets Last Minute eight six six eight four
- 37:13Speaker 3: eight five six nine to nine or Legal Exchange Show
- 37:18Speaker 3: dot com.
- 37:18Speaker 2: If you have a question you'd like to ask Todd,
- 37:20Speaker 2: visit his website Legal Exchange Show dot com and click
- 37:24Speaker 2: on the ask Tod tab to submit your question. You're
- 37:27Speaker 2: listening to Todd Lutsky, a partner with the law firm
- 37:30Speaker 2: of Cushing and Dolan. I'm Susan Power as a financial
- 37:33Speaker 2: advisor with the Armstrong Advisory Group. We'll be right back
- 37:36Speaker 2: on the Legal Exchange with Todd Lutsky.
- 37:39Speaker 1: The average monthly cost for a private room in New
- 37:41Speaker 1: England could double by twenty forty So if you're not
- 37:44Speaker 1: prepared to handle the increased costs of nursing home care,
- 37:47Speaker 1: your assets may be at risk. Call Cushing and Dolan
- 37:50Speaker 1: today and request their new guide called long Term Care
- 37:53Speaker 1: Planning for Procrastinators. It'll help you understand how to protect
- 37:56Speaker 1: your assets and allow you to enjoy your later years.
- 37:59Speaker 1: And exted nursing home state could significantly reduce your wealth
- 38:02Speaker 1: and prosperity. Call Cushing and Dolan right now at eight
- 38:05Speaker 1: six six eight four eight five six nine nine and
- 38:08Speaker 1: get your free guide called Long Term Care Planning for Procrastinators.
- 38:12Speaker 1: Don't put off today what you might really need to
- 38:14Speaker 1: do tomorrow. Call eight six six eight four eight five
- 38:17Speaker 1: six ninety nine. That's eight six six eight four eight
- 38:20Speaker 1: five six ninety nine. Or you can request the guide
- 38:23Speaker 1: online by visiting Legal Exchange Show dot com. That's Legal
- 38:26Speaker 1: exchange Show dot com. The proceeding was paid for in
- 38:29Speaker 1: the abuse Express are solely those of Cushing and Dolan.
- 38:31Speaker 1: Cushing and Dolan, INDO or Armstrong Advisory may contact you
- 38:34Speaker 1: offering legal or investment services. Cushing and Dolan and Armstrong
- 38:37Speaker 1: Advisory do not endorse each other and are not affiliated.
- 38:40Speaker 4: With Digital Technology Continuously evolving hackers are coming up with
- 38:43Speaker 4: incredibly elaborate schemes to commit fraud, which could put your
- 38:47Speaker 4: financial well being at risk.
- 38:49Speaker 1: HI.
- 38:49Speaker 4: This is Mike Armstrong from the Armstrong Advisory Group, and
- 38:51Speaker 4: in today's landscape, it's critically important that you beware of
- 38:55Speaker 4: the potential dangers that exist. Our new guide is called
- 38:58Speaker 4: seven Common Financial Frauds Scams and its purpose is to
- 39:01Speaker 4: help you understand what steps you can take to avoid
- 39:04Speaker 4: becoming a victim. Whether it's identity theft, inheritance scams, or
- 39:07Speaker 4: Ponzi schemes. This guide can educate you about these risks,
- 39:10Speaker 4: giving you the chance to make any necessary changes to
- 39:13Speaker 4: your overall financial strategy.
- 39:15Speaker 3: Call us today at eight.
- 39:16Speaker 4: Hundred three nine three four zero zero one and request
- 39:19Speaker 4: our new guide called seven Common Financial Frauds and Scams.
- 39:22Speaker 4: That number once again eight hundred thirty nine three four
- 39:25Speaker 4: zero zero one.
- 39:26Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 39:29Speaker 1: registered investment advisor. Nothing in the ad or in any
- 39:31Speaker 1: Armstrong guide a specific financial, legal or tax advice. Consult
- 39:34Speaker 1: your own financial, tax into state planning advisors before making
- 39:36Speaker 1: any investment decisions. Armstrong may contact you to offer investment
- 39:39Speaker 1: advisory services. The calendar is turned and the cold is
- 39:43Speaker 1: here to stay. So now is the perfect time to
- 39:45Speaker 1: plan that getaway to the US Virgin Islands. Act now
- 39:48Speaker 1: and take advantage of a special promotion to Saint Croix.
- 39:51Speaker 1: Experience a vibe like no other and receive a two
- 39:54Speaker 1: hundred and fifty dollars per person airfare credit and a
- 39:57Speaker 1: free hotel night when you book a five night min
- 40:00Speaker 1: them stay with any participating hotel before June thirtieth, twenty
- 40:03Speaker 1: twenty five. Saint Croix is known for its incredible history
- 40:06Speaker 1: and spectacular architecture, along with world class cuisine, incredible golf courses,
- 40:11Speaker 1: and a wide variety of water sports. From the moment
- 40:14Speaker 1: you arrive, you'll fall naturally in rhythm with the heartbeat
- 40:17Speaker 1: of the islands. There's no money to exchange, and travel
- 40:20Speaker 1: from New England could not be easier. America's Caribbean Paradise
- 40:24Speaker 1: is waiting for you. Experience a vibe like no other
- 40:27Speaker 1: on the island of Saint Croix. Go to visit USVII
- 40:30Speaker 1: dot com and use the code Vibe twenty twenty five
- 40:33Speaker 1: for more information and book your trip today. That's visit
- 40:36Speaker 1: USVII dot com and code Vibe twenty twenty five. Your
- 40:43Speaker 1: tune to the Legal Exchange with Todd Lutsky. If you
- 40:45Speaker 1: are a loved one needs a nursing homestay, call Todd
- 40:48Speaker 1: right now at eight six six eight four eight five
- 40:50Speaker 1: six ninety nine and let him make sure your assets
- 40:53Speaker 1: are protected. That's eight sixty six eight four eight five
- 40:56Speaker 1: six nine nine, or visit him online at Legal Exchange
- 40:59Speaker 1: show dot com.
- 41:01Speaker 2: Welcome back into the Legal Exchange with Todd Lutsky. I'm
- 41:05Speaker 2: Susan Powers, a financial advisor with the Armstrong Advisory Group,
- 41:09Speaker 2: and I'm joined, of course by Todd Lutsky, a partner
- 41:11Speaker 2: with a law firm of Cushing and Dolan with a
- 41:14Speaker 2: master's in taxation. So Todd, I want to dive into
- 41:18Speaker 2: a little bit more the example that we were using.
- 41:20Speaker 2: So in our last question from Anna, so her mom,
- 41:26Speaker 2: let's say she's entitled to this one hundred and fifty
- 41:28Speaker 2: thousand because her husband passed away, got it, and she's
- 41:31Speaker 2: whether she's the beneficiary or should be the beneficiary. What
- 41:34Speaker 2: would you actually do with that one hundred and fifty
- 41:37Speaker 2: thousand Because she's single now and she's on medicaid.
- 41:40Speaker 3: So how old is she?
- 41:41Speaker 2: She I don't know. Let's make up an age seventy five.
- 41:45Speaker 3: Okay.
- 41:46Speaker 2: If that's an easy age for you to do math
- 41:47Speaker 2: in your head.
- 41:48Speaker 3: It is an easy age for me to do perfect
- 41:50Speaker 3: ed you know me, I know that number. Yeah. So
- 41:53Speaker 3: so here you go, folks. You're right, she's already on
- 41:57Speaker 3: Medicaid and all of a sudden she's going to get
- 42:00Speaker 3: get this lump of money. Yeah right, isn't that going
- 42:06Speaker 3: to bumper off Medicaid? That would be the first thing
- 42:08Speaker 3: I would think of.
- 42:08Speaker 2: She's only allowed to have two thousand dollars.
- 42:11Speaker 3: That's exactly right. So we're all sitting here saying, wells Todd,
- 42:15Speaker 3: that's gonna bumper off medicaid. Except there's a statute that
- 42:20Speaker 3: covers this, right, And this is of course why you
- 42:22Speaker 3: get guides and call lawyers. So there's a there's a
- 42:25Speaker 3: regulation in the mass rags for Medicaid that says a
- 42:31Speaker 3: one time lumps gift of money or a receipt of money,
- 42:40Speaker 3: and it actually has an example such as an inheritance
- 42:44Speaker 3: is one of the example.
- 42:45Speaker 2: Because they must have to deal with it so often at.
- 42:47Speaker 3: That age, right, right, you know, such as an inheritance,
- 42:50Speaker 3: which is exactly what this is even though it's coming
- 42:53Speaker 3: from a spouse, it's still an inheritance is deemed to
- 42:58Speaker 3: be in in the month received, and then an asset thereafter.
- 43:07Speaker 2: So you have to do some quick tap dancing here.
- 43:11Speaker 3: Well, I think you're really asking me, is Todd, what's
- 43:14Speaker 3: the difference between income and an asset? And in this case,
- 43:19Speaker 3: if she's on medicaid, she got on Medicaid because she
- 43:24Speaker 3: was less than two thousand dollars at some point in
- 43:27Speaker 3: assets in assets, that's why she's there. All of a sudden,
- 43:31Speaker 3: here comes one hundred and fifty thousand. Isn't that going
- 43:35Speaker 3: to put her over assets? Right?
- 43:38Speaker 2: One hundred and fifty two thousand?
- 43:39Speaker 3: Now, yeah, except no, because this statute says that that
- 43:44Speaker 3: one hundred and fifty for the first month that you
- 43:47Speaker 3: get it is income. It's not an asset. Okay, So
- 43:53Speaker 3: now I'm not over assets and I'm not going to
- 43:56Speaker 3: become disqualified from medicaid. Now argue, I have enough income
- 44:02Speaker 3: to pay privately for that month, for that one month, right,
- 44:06Speaker 3: So you might have to pay and I'm going to say,
- 44:08Speaker 3: might have to pay the one month privately, but I
- 44:14Speaker 3: did not get disqualified, so I shouldn't have to reapply
- 44:18Speaker 3: for Medicaid. But I will have to notify them of
- 44:22Speaker 3: this money and let them know now that I've done
- 44:25Speaker 3: something to keep it as an income stream and have
- 44:29Speaker 3: it not become accountable asset. Because you're right. If you
- 44:34Speaker 3: do nothing because you don't know what to do, and
- 44:37Speaker 3: then a month goes by, you're likely to get that denial.
- 44:42Speaker 3: Now you're denied benefits for Medicaid and you're going to
- 44:45Speaker 3: have to reapply.
- 44:47Speaker 2: What a painful thing that would be?
- 44:49Speaker 3: It is It's not cheap, it's expensive, and it's it's painful.
- 44:53Speaker 3: Is it good work? Folks? These are examples of exactly
- 44:59Speaker 3: why you hall a lawyer when you're faced with entering
- 45:03Speaker 3: a nursing home last minute. Now, if you get this
- 45:06Speaker 3: guide long Term Care Planning for Procrastinators, you'll be armed
- 45:10Speaker 3: with some information. So when you meet with that loyal
- 45:12Speaker 3: you'll have a good idea of what they know, because
- 45:15Speaker 3: you'll know what they need to know right. This guide
- 45:19Speaker 3: tells you how to protect excess resources like this one
- 45:22Speaker 3: hundred and fifty through annuities and pooled trusts. It also
- 45:25Speaker 3: tells you how to protect homes primary residents versus vacation homes,
- 45:30Speaker 3: even personal care contracts are in there. Folks, don't write
- 45:34Speaker 3: the check, call get the guide brand new for them
- 45:37Speaker 3: for the month and for the year eight six six
- 45:40Speaker 3: eight four eight five six ninety nine or Legal exchange
- 45:44Speaker 3: Show dot com Long Term Care Planning for the procrastinator
- 45:47Speaker 3: eight sixty six eight four eight five six ninety nine
- 45:51Speaker 3: or Legal Exchange Show dot com.
- 45:54Speaker 2: So one fifty, I'm seventy five years old? How does
- 45:57Speaker 2: the annuity work?
- 45:59Speaker 3: So on the new in this case, you are going
- 46:01Speaker 3: to convert that seemingly asset that's going to become an
- 46:06Speaker 3: asset and keep it an income stream. Convert it to
- 46:11Speaker 3: maintain an income stream so that you will not be
- 46:14Speaker 3: disqualified from medicaid because of being over asset, because of
- 46:18Speaker 3: being over assets. We've got to convert that to a
- 46:20Speaker 3: stream of income. Well, the annuity rules for a single
- 46:24Speaker 3: person are pretty clear. It needs to be irrevocable, non assignable,
- 46:32Speaker 3: and term certain. Those are the first set of facts.
- 46:36Speaker 2: So by terms certain for a specific amount of.
- 46:39Speaker 3: Years, yes, so as a single person, the term certain
- 46:43Speaker 3: means that it cannot be longer than the life expectancy
- 46:49Speaker 3: of the applicant.
- 46:51Speaker 2: So at seventy five, what do you think the life
- 46:53Speaker 2: expectancy is in terms of years.
- 46:56Speaker 3: I happen to know it's twelve years.
- 46:58Speaker 2: Twelve years. Okay, so we know that.
- 47:00Speaker 3: That based on these tables, and I think they use
- 47:03Speaker 3: the Social Security tables. So based on these tables, you
- 47:08Speaker 3: can't make that annuity longer than that. Now, could be shorter,
- 47:12Speaker 3: but you wouldn't want it to be shorter. If you're married,
- 47:15Speaker 3: you might, but if you're single, you wouldn't. So now
- 47:19Speaker 3: the term is twelve months, twelve years, or twelve years.
- 47:22Speaker 3: So you take that one hundred and fifty. Oh, there's
- 47:25Speaker 3: more rules to apply. So we've got that done. Ok So,
- 47:28Speaker 3: now I've got this irrevocable annuity set up terms, certain
- 47:31Speaker 3: non assignable. Everything's great, except there's this beneficiary thing that
- 47:36Speaker 3: you have to deal with. This is another rule. When
- 47:39Speaker 3: you set up these these annuities, you must put in
- 47:45Speaker 3: the first position the beneficiary in the first position.
- 47:48Speaker 2: Now, the primary beneficiary.
- 47:50Speaker 3: Yeah, and don't get confused by that. Remember the money
- 47:53Speaker 3: is still being paid to the annuitant while they're living, right,
- 47:56Speaker 3: So that's not really a primary beneficiary. That's the annuitant.
- 47:59Speaker 2: Well, that's the prianuity.
- 48:00Speaker 3: Yeah, that's the inapplicant in the nursing home getting the money, right,
- 48:05Speaker 3: But when the applicant doesn't get the money anymore, the
- 48:08Speaker 3: first beneficiary needs to be the state. Okay, right, unless
- 48:14Speaker 3: you have a spouse, which you wouldn't be doing this
- 48:17Speaker 3: for this a spouse or a disabled child ok okay
- 48:22Speaker 3: under twenty one, permanently disabled living there one of those things.
- 48:26Speaker 3: So let's say you don't have that. So now you
- 48:28Speaker 3: have to put on the beneficiary form this language the
- 48:34Speaker 3: Commonwealth of Massachusetts for at least the amount of medical
- 48:39Speaker 3: benefits received on behalf of the institutionalized individual.
- 48:43Speaker 2: Okay.
- 48:44Speaker 3: I say all those words because they don't want you
- 48:47Speaker 3: to use all those words, but they have to. They
- 48:50Speaker 3: have to accept that. Sometimes they say, just put on
- 48:53Speaker 3: their primary beneficiary Commonwealth of mass Well, no, that's not
- 48:58Speaker 3: helpful if you don't you know, if I didn't incur
- 49:02Speaker 3: that much benefit, right, I don't want to give you
- 49:04Speaker 3: the entire annuity, So be very careful to put that
- 49:07Speaker 3: on there. And that is required to be on there.
- 49:11Speaker 3: And there's been an SJC decision in Massachusetts Supreme Court
- 49:15Speaker 3: that kind of blesses this. I mean, people don't like
- 49:18Speaker 3: it because that's what they ruled on, but that does
- 49:22Speaker 3: make it valid. So I feel comfortable telling my single
- 49:26Speaker 3: person anyway. And there's a whole other song for another
- 49:29Speaker 3: day when we talk about annuities for married couples, and
- 49:32Speaker 3: Susan will make sure we do that throughout the course
- 49:34Speaker 3: of this month. But for this single person, I get it.
- 49:39Speaker 3: I feel comfortable doing this, So I buy this annuity.
- 49:42Speaker 3: She now gets a check for I don't know. You
- 49:44Speaker 3: have to take one fifty, divide by twelve, divide by
- 49:48Speaker 3: I'm sorry, divide by twelve years, divide by twelve months.
- 49:51Speaker 3: I think it's like two grand a month. So she's
- 49:54Speaker 3: getting like two grand a month from the from this annuity,
- 49:59Speaker 3: on top of her two grand a month from Social
- 50:01Speaker 3: Security or twenty five hundred, let's say. So she's getting
- 50:04Speaker 3: forty five hundred dollars a month coming in. She's immediately
- 50:07Speaker 3: still on Medicaid, and only the difference between forty five
- 50:11Speaker 3: hundred and say sixty five hundred, the cost of the
- 50:13Speaker 3: Medicaid rate is a lean and that's what you pay
- 50:17Speaker 3: back if you, okay, if and when you pass away
- 50:19Speaker 3: and the annuity is still there, Folks, take a breath.
- 50:22Speaker 3: That's a lot of information you don't need to remember
- 50:25Speaker 3: it all. Call and get the guide Long Term Care
- 50:28Speaker 3: Planning for Procrastinators. There's an annuity example in there for
- 50:32Speaker 3: married and single people eight six six eight four eight
- 50:36Speaker 3: five six ninety nine or Legal Exchange show dot com.
- 50:40Speaker 2: Todd Lutsky from the law firm of Cushing in Dolan,
- 50:43Speaker 2: thank you so much.
- 50:44Speaker 3: SU's always a pleasure. Nice to get the first one
- 50:47Speaker 3: out of the way.
- 50:47Speaker 2: Yes, I'm Susan Power as a financial advisor with the
- 50:50Speaker 2: Armstrong Advisory Group. We thank you for joining us today
- 50:53Speaker 2: and we'll be back again next week on the Legal
- 50:56Speaker 2: Exchange with Todd Lutsky.
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