Latest / The Legal Exchange / Protecting a primary residence for a single person
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 sixty 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.
- 0:37Speaker 2: Welcome into Legal Exchange with Todd Lotsky. I'm Susan Power
- 0:41Speaker 2: to financial advise with the Armstrong Advisory Group and I'm
- 0:44Speaker 2: joined by Todd Lotsky, a partner with the law firm
- 0:47Speaker 2: of Cushing A. Dolan with a master's in taxation. Welcome Todd.
- 0:51Speaker 2: How are you today?
- 0:52Speaker 3: I'm never bettering you.
- 0:54Speaker 2: I am great. Thank you. What do you have for
- 0:56Speaker 2: us this week?
- 0:57Speaker 3: Well, this week we also have a couple of actual
- 1:01Speaker 3: I like to call them real life stories, but they're
- 1:02Speaker 3: really fair hearings too. We've actually had to go to
- 1:05Speaker 3: a hearing to defend this particular client's situation. So it's
- 1:11Speaker 3: like a case, but it's local and it feels more real.
- 1:14Speaker 3: So two real life stories. The first one deals with
- 1:17Speaker 3: protecting the primary residents when you're a single person, different
- 1:24Speaker 3: than a married couple, last minute when you go to
- 1:27Speaker 3: the nursing home. But unfortunately, in this case, the mother
- 1:31Speaker 3: had given half the house to the sun years ago.
- 1:36Speaker 3: So how does that half ownership complicate or help or
- 1:41Speaker 3: hurt the situation when the house itself is worth about
- 1:45Speaker 3: a million eight so the value is going to be
- 1:49Speaker 3: important when we address that situation. And lastly, the other
- 1:54Speaker 3: one is another last minute situation where it's known as
- 1:58Speaker 3: the caretaker child out exception. It's not a given and
- 2:02Speaker 3: that's why I want people to realize that this is
- 2:05Speaker 3: a situation where son has been living with, caring for,
- 2:09Speaker 3: providing care for mom, even maintaining the property. And then
- 2:13Speaker 3: there was a question as to whether or not he
- 2:15Speaker 3: qualified as the caretaker child because he happened to have
- 2:19Speaker 3: a job that caused him to work forty hours a
- 2:21Speaker 3: week and can you still do that and qualify for
- 2:25Speaker 3: the caretaker child exception. So these are exceptions. They're not
- 2:29Speaker 3: the way I tell people to plan. But if you
- 2:33Speaker 3: haven't done any planning, these are some last minute things
- 2:35Speaker 3: that you can do. And there's a whole guide this month, folks,
- 2:40Speaker 3: for last minute things that you can do. It explains
- 2:43Speaker 3: how assets are treated last minute, from houses to rental,
- 2:47Speaker 3: to vacations, to life insurance to money, all different and
- 2:53Speaker 3: different depending on whether you're single or married. So whether
- 2:56Speaker 3: you've done your planning and there's some assets outside the trust,
- 2:59Speaker 3: or whether or not there you've done no planning, this
- 3:02Speaker 3: guide's for you if you're faced with the nursing home
- 3:05Speaker 3: eight six six eight four eight five six nine nine
- 3:10Speaker 3: or Legal Exchange Show dot com Get long Term care
- 3:13Speaker 3: Planning for the Procrastinator eight sixty six eight four eight
- 3:17Speaker 3: five six nine nine or Legal Exchange Show dot com.
- 3:22Speaker 2: Great.
- 3:23Speaker 3: Now, let's head over to this idea of protecting the
- 3:28Speaker 3: primary residence when you're single. So in this case, son
- 3:33Speaker 3: comes in and says, mom, you know, needs to go
- 3:39Speaker 3: to a nursing home and explains that the biggest asset
- 3:42Speaker 3: they have is the house and there's not a lot
- 3:45Speaker 3: of other money. Not only is there not a lot
- 3:47Speaker 3: of other money. It turns out that that she added
- 3:50Speaker 3: the son's name to this house over five years ago. Now,
- 3:57Speaker 3: he of course is worried about how to protect the house.
- 4:01Speaker 3: Is he going to lose half the house because only
- 4:05Speaker 3: half is in his name? Right? And he's right to
- 4:08Speaker 3: think that, because folks, that's first of all. You know,
- 4:11Speaker 3: what are some tips and lessons here? First of all,
- 4:14Speaker 3: don't give houses away. Ever, it's not a good idea.
- 4:17Speaker 2: Don't give any of your stuff away, right, just.
- 4:20Speaker 3: Don't give that stuff away. It's just not generally a
- 4:23Speaker 3: good idea to be to be giving assets away. So
- 4:27Speaker 3: that said, he did give half away, and so technically
- 4:30Speaker 3: half is protected from the nursing home. And I guess
- 4:33Speaker 3: there's some sense of feeling comfortable there. What are we
- 4:39Speaker 3: going to do? Well, let's let's start with the general rule.
- 4:43Speaker 3: The general rule is the home for a single person
- 4:47Speaker 3: if you move out of it and into a nursing home. Now,
- 4:51Speaker 3: I'm going to stop there for a minute, because if
- 4:52Speaker 3: you move out of it and go to an assisted
- 4:55Speaker 3: living facility for a year and then go to a
- 4:58Speaker 3: nursing home, this rule doesn't apply anymore. Got it now,
- 5:02Speaker 3: you're you're kind of screwed. The house is going to
- 5:04Speaker 3: be at risk.
- 5:05Speaker 2: So straight from the home to the nursing home, you.
- 5:08Speaker 3: Have to move out of the house to a nursing home.
- 5:12Speaker 3: Then the home is considered at risk still unless you
- 5:19Speaker 3: have certain people living in the house. Let's assume there's
- 5:22Speaker 3: none living there. Remember we went through that earlier. Or
- 5:27Speaker 3: you check a box that you intend to return home
- 5:31Speaker 3: even if you don't ever return home. So one you
- 5:37Speaker 3: have to check the box, and two you have to
- 5:40Speaker 3: make sure you don't run a foul of the valuation rules. Okay,
- 5:46Speaker 3: So what the heck's that The valuation rules are the
- 5:49Speaker 3: home cannot be worth more than a million ninety seven
- 5:53Speaker 3: thousand dollars today, okay, And so if that's the case.
- 5:59Speaker 2: So if that's the case, so she only owns half
- 6:03Speaker 2: of it, So is that million ninety seven her half
- 6:08Speaker 2: or the whole home?
- 6:09Speaker 1: Right?
- 6:10Speaker 3: And so the issue we have here is that you
- 6:15Speaker 3: know the house is is if this million ninety seven
- 6:18Speaker 3: is it, you cannot have equity in the house that's
- 6:21Speaker 3: more than that. And if you satisfy this rule, then
- 6:24Speaker 3: the primary residence is protected. If you're single, well, it's
- 6:29Speaker 3: non countable, but it's leanable. So it's going to be
- 6:32Speaker 3: leanable because in this case, if you're on Medicaid, the
- 6:37Speaker 3: lean is still your friend. Yeah, And so let's play
- 6:40Speaker 3: that string out a little bit. So in this case,
- 6:44Speaker 3: if the nursing home costs fifteen thousand a month, private pay,
- 6:49Speaker 3: I don't want to pay that, No, But if I
- 6:51Speaker 3: can get on Medicaid, the Medicaid rate is only about
- 6:55Speaker 3: seven thousand a month.
- 6:57Speaker 2: I like that.
- 6:58Speaker 3: I'd rather be on Medicaid. But in order to get
- 7:01Speaker 3: on Medicaid, I got to make sure my house is
- 7:02Speaker 3: non countable, which it is. We think we've just got
- 7:07Speaker 3: to run file this valuation problem. So if I have
- 7:10Speaker 3: it non countable and I have three thousand dollars a
- 7:13Speaker 3: month coming in in social security and pension, well then
- 7:16Speaker 3: you know you figure seven thousand is the rate minus
- 7:20Speaker 3: three that I have coming in. That means there's only
- 7:23Speaker 3: a lean of four thousand a month.
- 7:26Speaker 2: Way better than right. And I check for fifteen grand.
- 7:29Speaker 3: Way better than fifteen grand four thousand a month. I'll
- 7:32Speaker 3: take it. And remember this house is worth one point
- 7:34Speaker 3: eight million, So you've got to look at it not
- 7:37Speaker 3: just as half, but as the whole. Amount one point
- 7:39Speaker 3: eight million. I don't mind four thousand a month. Lean
- 7:42Speaker 3: on this, yeap? All right, Well, the kid says, okay,
- 7:46Speaker 3: what are we going to do? We apply for medicaid?
- 7:49Speaker 3: They deny me. They say, oh no, no, the house
- 7:52Speaker 3: is overvalue. And once it's overvalue, it's actually not even
- 7:56Speaker 3: a house anymore. Like where did you get that argument from?
- 8:00Speaker 3: So I go back and I argue, well, wait a minute,
- 8:03Speaker 3: let's play out the string. She only owns half. So
- 8:08Speaker 3: if she only owns half, the half value is under
- 8:12Speaker 3: a million ninety seven thousand dollars, and therefore her you know,
- 8:16Speaker 3: value is not a problem. Number one, and number two,
- 8:20Speaker 3: the fact that the overall house is worth more than
- 8:24Speaker 3: a million ninety seven does not make the house not
- 8:27Speaker 3: a house anymore. Right, Where did you read that in
- 8:30Speaker 3: the statute? It's a bit bilt for a house.
- 8:34Speaker 4: Right.
- 8:35Speaker 3: And so at the end of the day, I had
- 8:37Speaker 3: to make that argument, and we of course won that.
- 8:40Speaker 3: The fair hearing officer said, yeah, you're right. Uh, it
- 8:43Speaker 3: is still a house. It is worth a million eight
- 8:45Speaker 3: her half is under the exemption, and therefore it's non
- 8:49Speaker 3: countable but leanable. And again we're okay with that lean right,
- 8:56Speaker 3: because play out the string here. Now what's to happen?
- 9:00Speaker 3: I get it, there's a lean but when she passes away,
- 9:05Speaker 3: at least you've protected the house or the kid, which
- 9:09Speaker 3: he wanted. But the downside of giving a house away, right,
- 9:14Speaker 3: it's never good. We're able to make do with what
- 9:16Speaker 3: we did here, but it's never good. But the downside
- 9:20Speaker 3: is the kid's only going to get a half step
- 9:22Speaker 3: up in basis because only half the property arguably, arguably
- 9:27Speaker 3: would be includable in the estate of the deceiting and
- 9:32Speaker 3: so on. A million, eight hundred thousand dollars home that
- 9:35Speaker 3: she probably bought long ago for very little is going
- 9:40Speaker 3: to be a big capital gain, now get it. The
- 9:43Speaker 3: half that she gave the sun is taxable is you
- 9:45Speaker 3: know that was a carryover basis, but at least this
- 9:48Speaker 3: half will be stepped up. So folks lots to think about.
- 9:53Speaker 3: Don't give away your house if you can help it.
- 9:56Speaker 3: Do advanced planning. It's always better. But this example shows
- 10:00Speaker 3: you some ways to protect things even last minute, and
- 10:04Speaker 3: the guide shows you even more ways to protect other
- 10:08Speaker 3: assets last minute for married and single people. Get the
- 10:12Speaker 3: guide eight six six eight four eight five six nine
- 10:17Speaker 3: nine or legal Exchange show dot com long Term Care
- 10:20Speaker 3: Planning for Procrastinators.
- 10:21Speaker 2: You've been listening to Todd Lutsky, a partner with the
- 10:24Speaker 2: law firm of Cushing and Dolan. I'm Susan Powers, a
- 10:27Speaker 2: financial advisor with the Armstrong Advisory Group. We've got much
- 10:31Speaker 2: more to come on the Legal Exchange with Todd Lutsky.
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- 14:09Speaker 1: Exchange with Todd Lutsky, an expert in elder life planning
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- 14:26Speaker 2: Welcome back into the legal exchange with Todd Lutsky. I'm
- 14:29Speaker 2: Susan Powers, a financial advisor the Armstrong Advisory Group, and
- 14:33Speaker 2: I'm joined by Todd Lutsky, a partner with a law
- 14:35Speaker 2: firm of Cushing and Dolan with a master's in taxation.
- 14:39Speaker 2: Where are we headed now, Todd.
- 14:41Speaker 3: We're going to do a real life story where we
- 14:44Speaker 3: have a caretaker child situation. So in this case, the
- 14:49Speaker 3: sun comes into the office and says, you know, mom
- 14:52Speaker 3: is going to go need going to need some nursing
- 14:55Speaker 3: home care. And of course there's no advanced planning done.
- 14:58Speaker 3: You know, shocker right, And you know, the only asset
- 15:02Speaker 3: that he really cares about, and I guess that there
- 15:04Speaker 3: really even is is this house. It's always the home.
- 15:08Speaker 3: It's the biggest asset. And in this case, you know
- 15:11Speaker 3: he's actually been living there for many years. He also
- 15:16Speaker 3: works full time, and he works full time to help
- 15:19Speaker 3: pay the bills to keep the house in order and
- 15:23Speaker 3: paid for because Mom just really doesn't have enough assets
- 15:27Speaker 3: to carry the home on her own so I'm getting
- 15:30Speaker 3: the picture. He moved in, he continues to work his job,
- 15:33Speaker 3: he does, provide care for his mom to help keep
- 15:37Speaker 3: him out of the nursing home, uses money to maintain
- 15:40Speaker 3: the property for both of them. Well, the home is
- 15:46Speaker 3: in mom's name, and at this point he's worried that
- 15:52Speaker 3: if mom goes into the nursing home that he's going
- 15:55Speaker 3: to lose the house that he needs to live in,
- 15:57Speaker 3: that he's been living in. And also he doesn't really
- 16:01Speaker 3: want to deal with the lean that we've been talking
- 16:03Speaker 3: about that exists on homes when single people go into
- 16:06Speaker 3: a nursing home. I say, it's non accountable, but it's leanable.
- 16:10Speaker 3: He really doesn't want to have to deal with paying
- 16:11Speaker 3: a lean back after mom passes. So the question becomes,
- 16:17Speaker 3: you know, what what do we do and what can
- 16:22Speaker 3: we do? Now? All right, let's talk first about the
- 16:27Speaker 3: general rule. The general rule is if you have no
- 16:31Speaker 3: planning done and you need to protect the home, you
- 16:35Speaker 3: one have to check to see if you have a
- 16:37Speaker 3: caretaker child. Okay, if you have a caretaker child, that rule,
- 16:43Speaker 3: the child has to have lived in the home for
- 16:46Speaker 3: two years prior to mom going into the nursing.
- 16:50Speaker 2: Home here for years.
- 16:54Speaker 3: Yeah, and must have provided care for Mo for those
- 17:01Speaker 3: two years. And when you think about this, what kind
- 17:06Speaker 3: of care are we talking about? The care must be
- 17:10Speaker 3: nursing home level care. You can't just you know, take
- 17:14Speaker 3: her to the doctor and cut the grass and go
- 17:17Speaker 3: grocery shopping and pay the bills. That ain't gonna do it.
- 17:21Speaker 2: So it's those six activities of daily living.
- 17:25Speaker 3: You need at least two of the six daily living
- 17:30Speaker 3: needs cooking, feeding, toileting, bathing, transferring, dressing.
- 17:35Speaker 2: Yep.
- 17:36Speaker 3: And I'm gonna recommend that you get a doctor's note
- 17:39Speaker 3: to say, yeah, this is what she needs and this
- 17:42Speaker 3: is what you're doing. So we got to prove these
- 17:46Speaker 3: things out. It doesn't just happen.
- 17:47Speaker 2: But that's the general rule, Okay, to.
- 17:51Speaker 3: Protect the assets, to protect the house from the nursing home.
- 17:55Speaker 3: I'll explain what we have to do with the house
- 17:56Speaker 3: in a minute, but before we get there, folks, this
- 17:59Speaker 3: is just one technique to protect one asset from the
- 18:03Speaker 3: cost of long term care. Many of you are going
- 18:06Speaker 3: to be faced with entering long term care and either
- 18:08Speaker 3: have done your planning and have assets outside of a
- 18:12Speaker 3: trust that need protected, or haven't done any planning and
- 18:16Speaker 3: have all your assets that need to be protected. This
- 18:19Speaker 3: guide long term care Planning for the procrastinators is for you,
- 18:23Speaker 3: for all of you in that regard. It will help
- 18:26Speaker 3: you understand not just a home like this case, but
- 18:29Speaker 3: maybe a rental or a vacation home, or maybe a
- 18:31Speaker 3: life insurance policy or an annuity. How do you protect
- 18:34Speaker 3: different assets single versus married when entering a nursing home.
- 18:39Speaker 3: Last minute get the guide eight six six eight four
- 18:43Speaker 3: eight five six nine nine or legal exchange show dot com.
- 18:48Speaker 3: You can download it there again eight six six eight
- 18:51Speaker 3: four eight five six nine nine or Legal exchange show
- 18:56Speaker 3: dot com to get the guide. Now let's go back. Now,
- 19:00Speaker 3: know the general rule. We're going to need that doctor's
- 19:03Speaker 3: note to show what kind of care you're providing, and
- 19:06Speaker 3: then you're gonna have to prove part two that.
- 19:08Speaker 2: You live there right now.
- 19:10Speaker 3: That one I find to be less problematic to prove
- 19:15Speaker 3: why this is going to show your driver's license has
- 19:18Speaker 3: that address on it, Show that you file your federal
- 19:22Speaker 3: income tax return with that address on it. You know,
- 19:25Speaker 3: maybe your voter registration has changed. You know that that
- 19:30Speaker 3: kind of stuff. Your bills are sent to that house.
- 19:34Speaker 3: I think that's pretty easy to prove. What I want
- 19:37Speaker 3: you to stay away from is, oh, yeah, I live
- 19:41Speaker 3: with mom, but yeah, I still pay rent in my
- 19:42Speaker 3: apartment that I have over here. Yeah, that looks bad.
- 19:46Speaker 2: If you truly moved in, you would be moving out of.
- 19:49Speaker 3: Somewhere, you would cancel the apartment. Yeah, so just be
- 19:54Speaker 3: careful that you don't run a foul of that. Otherwise,
- 19:56Speaker 3: I think it's pretty easy that you can satisfy that rule.
- 20:02Speaker 3: So two years of care living there for two years
- 20:06Speaker 3: doctor's note, why do we do this? Because now you
- 20:11Speaker 3: can transfer that house to the caretaker child one hundred
- 20:17Speaker 3: percent and that will be a permissible transfer, not triggering
- 20:23Speaker 3: the five year waiting period. And you've saved a house
- 20:28Speaker 3: from the nursing home because once it's transferred and you
- 20:32Speaker 3: don't own it anymore, it's not subject to estate recovery,
- 20:36Speaker 3: so there's no lean. Now be mindful here that if
- 20:42Speaker 3: you're going to make that transfer, that you should always
- 20:45Speaker 3: have mom reserve a life estate so that she does
- 20:48Speaker 3: have the right to live there just in case sure,
- 20:52Speaker 3: And by doing that you still avoid estate recovery, which
- 20:58Speaker 3: is great, but you preserve the step up in cost
- 21:03Speaker 3: basis when she dies, so that the child gets it
- 21:06Speaker 3: with a brand new basis and has no capital gains
- 21:11Speaker 3: tax to pay if the child wants to sell it
- 21:14Speaker 3: shortly after mom.
- 21:15Speaker 2: Dies, So unlike the last story where mom gave half
- 21:19Speaker 2: the house away to the kid, so he only got
- 21:21Speaker 2: a half step up, right, got it right?
- 21:25Speaker 3: So again always thinking about how to do this, but
- 21:28Speaker 3: always keeping taxes in the back of your mind, because
- 21:32Speaker 3: you want to do things that not only protect it
- 21:35Speaker 3: from the nursing home and a five year weight which
- 21:37Speaker 3: this is a wildcard to that five year waiting period,
- 21:41Speaker 3: but also preserves that step up in basis, so we
- 21:44Speaker 3: get a income tax benefit from the transfer. Now that
- 21:49Speaker 3: all sounds great, Todd, and that's exactly how it works
- 21:52Speaker 3: most of the time. Well, what's the problem with this case, Well,
- 21:57Speaker 3: it turns out that the kid works forty hours a
- 22:00Speaker 3: week and we applied for Medicaid and they said you're denied.
- 22:02Speaker 3: You don't meet the caretaker child exception. Why. Well, because
- 22:07Speaker 3: it says that you have to live there for two years,
- 22:09Speaker 3: which you certainly have done, but you are not providing
- 22:14Speaker 3: the care because you're working forty hours a week, so
- 22:18Speaker 3: you're not there providing the care.
- 22:21Speaker 2: There's still another sixteen hours in every day. Do you
- 22:25Speaker 2: have to do this twenty four to seven care?
- 22:28Speaker 3: So we went twenty four to seven care. So we
- 22:31Speaker 3: went to the affair hearing and we said, now that's
- 22:33Speaker 3: not what this says. This says that you have to
- 22:36Speaker 3: live there for two years and provide care. It doesn't
- 22:39Speaker 3: say that the person has to physically provide the care.
- 22:43Speaker 3: So what he did was he would work forty hours
- 22:46Speaker 3: a week, but while he was away, he made sure
- 22:49Speaker 3: care was brought into the house and provided for her
- 22:53Speaker 3: during the time he was not there. Nice and Mom
- 22:56Speaker 3: even paid for that care. Yeah. Good, And so we
- 22:59Speaker 3: made the rar that look it, the care is being
- 23:03Speaker 3: provided for her, which is what the statute says. And
- 23:07Speaker 3: in fact, if son did not go to work for
- 23:10Speaker 3: forty hours a week, he would not have the money
- 23:14Speaker 3: to maintain the property, and nobody would.
- 23:16Speaker 2: Have a house right and she would have been in
- 23:18Speaker 2: two years earlier.
- 23:20Speaker 3: She'd have been in two years earlier. And therefore we
- 23:22Speaker 3: certainly satisfied the statute. And yes, the fair hearing officer said,
- 23:28Speaker 3: we agree with you, and the house is protected. Transfer
- 23:32Speaker 3: it caretaker child.
- 23:34Speaker 2: You're okay, they must need seeing you come into the courtroom.
- 23:39Speaker 3: Just crazy that they make these arguments right, yeah, and
- 23:44Speaker 3: so at the end of the day, that's how you
- 23:46Speaker 3: saved the house for caretaker children And if you have one,
- 23:49Speaker 3: please look into it at the end of the day.
- 23:52Speaker 3: Don't apply for medicaid on your own, folks. Call and
- 23:55Speaker 3: get this guide. Learn what your rights are, what you
- 23:58Speaker 3: can protect, what you can't six eight four eight five
- 24:02Speaker 3: six nine nine or Legal Exchange show dot com to
- 24:06Speaker 3: get long Term Care Planning for Procrastinators.
- 24:09Speaker 2: You've been listening to Todd Lutsky, a partner with a
- 24:12Speaker 2: law firm of Cushing and Dolan. I'm Susan Power as
- 24:15Speaker 2: a financial advisor with the Armstrong Advisory Group and Todd
- 24:18Speaker 2: will be answering your listener questions when we return to
- 24:22Speaker 2: the Legal Exchange with Todd Lutsky.
- 24:25Speaker 1: The average monthly cost for a private room in New
- 24:28Speaker 1: England could double by twenty forty So if you're not
- 24:30Speaker 1: prepared to handle the increased costs of nursing home care,
- 24:33Speaker 1: your assets may be at risk. Call Cushing and Dolan
- 24:36Speaker 1: today and request their new guide called Long Term Care
- 24:39Speaker 1: Planning for Procrastinators. It'll help you understand how to protect
- 24:42Speaker 1: your assets and allow you to enjoy your later years.
- 24:45Speaker 1: An unexpected nursing home state could significantly reduce your wealth
- 24:49Speaker 1: and prosperity. Call Cushing and Dolan right now at eight
- 24:52Speaker 1: six six eight eight five six nine nine and get
- 24:54Speaker 1: your free guide called long Term Care Planning for procrastinators.
- 24:58Speaker 1: Don't put off today what you might really need to
- 25:00Speaker 1: do tomorrow. Call eight sixty six eight four eight five
- 25:03Speaker 1: six ninety nine. That's eight six six eight four eight
- 25:06Speaker 1: five six ninety nine. Or you can request the guide
- 25:09Speaker 1: online by visiting Legal Exchange Show dot com. That's Legal
- 25:13Speaker 1: exchange show dot com. The proceeding was paid for in
- 25:15Speaker 1: the abuse Express are solely those of Cushing and Dolan.
- 25:18Speaker 1: Chrishingan Dolan, Indo or I'm Strong Advisory may contact you
- 25:20Speaker 1: offering legal or investment services. Cushingan Dolan and Armstrong Advisory
- 25:23Speaker 1: do not endorse each other and are not affiliated. The
- 25:26Speaker 1: calendar is turned and the cold is here to stay,
- 25:29Speaker 1: So now's the perfect time to plan that getaway to
- 25:31Speaker 1: the US Virgin Islands. Act now and take advantage of
- 25:34Speaker 1: a special promotion to Saint Croix, experience a vibe like
- 25:38Speaker 1: no other and receive a two hundred and fifty dollars
- 25:40Speaker 1: per person airfare credit and a free hotel night when
- 25:43Speaker 1: you book a five night minimum stay with any participating
- 25:46Speaker 1: hotel before June thirtieth, twenty twenty five. Saint Croix is
- 25:50Speaker 1: known for its incredible history and spectacular architecture, along with
- 25:53Speaker 1: world class cuisine, incredible golf courses, and a wide variety
- 25:57Speaker 1: of water sports. From the moment you arrive, you will
- 26:00Speaker 1: fall naturally in rhythm with the heartbeat of the islands.
- 26:03Speaker 1: There's no money to exchange, and travel from New England
- 26:05Speaker 1: could not be easier. America's Caribbean paradise is waiting for
- 26:09Speaker 1: you the experience a vibe like no other on the
- 26:12Speaker 1: island of Saint Croix. Go to visit USVII dot com
- 26:15Speaker 1: and use the code Vibe twenty twenty five for more
- 26:18Speaker 1: information and book your trip today. That's visit USVII dot
- 26:22Speaker 1: com and code Vibe twenty twenty five.
- 26:26Speaker 4: With digital technology continuously evolving, hackers are coming up with
- 26:30Speaker 4: incredibly elaborate schemes to commit fraud, which could put your
- 26:33Speaker 4: financial well being at risk. HI this is Mike Armstrong
- 26:36Speaker 4: from the Armstrong Advisory Group, and in today's landscape, it's
- 26:39Speaker 4: critically important that you beware of the potential dangers that exist.
- 26:43Speaker 4: Our new guide is called seven Common Financial Frauds and Scams,
- 26:46Speaker 4: and its purpose is to help you understand what steps
- 26:49Speaker 4: you can take to avoid becoming a victim. Whether it's
- 26:51Speaker 4: identity theft, inheritance scams, or Ponzi schemes. This guide can
- 26:54Speaker 4: educate you about these risks, giving you the chance to
- 26:58Speaker 4: make any necessary changes to your own We're all financial strategy.
- 27:01Speaker 4: Call us today at eight hundred three nine three four
- 27:03Speaker 4: zero zero one and request our new guide called seven
- 27:07Speaker 4: Common Financial Frauds and Scams. That number once again eight
- 27:10Speaker 4: hundred thirtey nine three four zero zero one.
- 27:13Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 27:15Speaker 1: registered investment advisor. Nothing in the ad or in any
- 27:17Speaker 1: Armstrong guide a specific financial, legal, or tax advice. Consult
- 27:20Speaker 1: your own financial, tax, and estate planning advisors before making
- 27:22Speaker 1: any investment decisions. Armstrong may contact you to offer investment
- 27:25Speaker 1: advisory services. You're listening to the Legal Exchange and it's
- 27:29Speaker 1: time for Ask Todd, the segment where Todd will answer
- 27:33Speaker 1: your questions about anything and everything that's included in the
- 27:36Speaker 1: estate planning process. Once again, here's Todd Lutsky and Susan Powers.
- 27:42Speaker 2: Welcome back, Todd. We have a few questions for listeners.
- 27:45Speaker 2: Our first question comes from Janet in Pembroke, mass In.
- 27:49Speaker 2: Janet rights, I am single and seventy eight years old.
- 27:52Speaker 2: I have a home worth five hundred thousand, in IRA
- 27:55Speaker 2: worth four hundred thousand, and other liquid assets of around
- 27:59Speaker 2: three hundred thousand. I have good pension incomes, so I
- 28:02Speaker 2: don't really access my investments, and I tend to save
- 28:06Speaker 2: my annual required distributions. I'm in good health, but I
- 28:10Speaker 2: want to save my assets for my children. If I
- 28:12Speaker 2: end up in a nursing home, how can I protect everything?
- 28:17Speaker 2: So five hundred thousand gin Janet does not want to
- 28:21Speaker 2: be paid extra for a nursing home.
- 28:23Speaker 3: Gents, greedy, isn't she?
- 28:25Speaker 4: No?
- 28:26Speaker 2: Janet's probably paid into the system her entire life and
- 28:29Speaker 2: never tapped it. And good for you, Janet, I say, go, Janet.
- 28:34Speaker 3: I say good for you too, Janet, except I can
- 28:36Speaker 3: I can only get you partly?
- 28:39Speaker 2: Okay, Well how far can you get us?
- 28:42Speaker 3: So we have a five hundred thousand dollars.
- 28:44Speaker 2: A home, a four hundred thousand dollars.
- 28:46Speaker 3: I Ray yep. And then the three hundred in the liquid.
- 28:50Speaker 2: Maybe it's banks or investments, yep.
- 28:53Speaker 3: So if we're worth basically nine one point two, we
- 29:01Speaker 3: can protect eight hundred.
- 29:04Speaker 2: Okay, that's not bad, No bad.
- 29:08Speaker 3: And again I would probably leave even some of the
- 29:10Speaker 3: money in the bank outside the trust, but just for
- 29:12Speaker 3: our discussion to say, you protected the whole three but
- 29:16Speaker 3: I'd always leave a little bit out. So what would
- 29:20Speaker 3: we do in her case? We would set up an
- 29:23Speaker 3: irrevocable trust, irrevocable Medicaid income only trust. We would transfer
- 29:29Speaker 3: the house into the trust. We would make sure that
- 29:34Speaker 3: and there's no mortgage that we know of on the it.
- 29:36Speaker 2: Doesn't it doesn't reference one. I would assume not at
- 29:39Speaker 2: seventy eight.
- 29:40Speaker 3: Yeah, let's say no. And so we would we would
- 29:47Speaker 3: transfer the house into the trust, and then we would
- 29:49Speaker 3: make sure that we help her retitle I mean not retitle,
- 29:53Speaker 3: but help her get the homeowner's insurance policy changed to
- 29:59Speaker 3: add the trust as an additional insured. Folks don't forget
- 30:02Speaker 3: that step. Now we do it for people, but other
- 30:05Speaker 3: lawyers don't. Okay, So you simply would in this case,
- 30:10Speaker 3: we would say, you know, Janet Family, irrevocable trust, additional
- 30:15Speaker 3: insured you know, whatever we want to call it, and
- 30:19Speaker 3: you get that added to the binder page. Now the
- 30:22Speaker 3: house is in the trust, then we would take the
- 30:25Speaker 3: liquid investments and move them over to the trust. Again,
- 30:29Speaker 3: we probably just open up a bank account in the
- 30:31Speaker 3: name of the trust and get an ID number for
- 30:35Speaker 3: the trust. And once the assets are in that bank
- 30:38Speaker 3: in the trust, they certainly can be invested any other
- 30:43Speaker 3: way if someone wants them invested a different way, so
- 30:46Speaker 3: they certainly can do that. So now I've got eight
- 30:49Speaker 3: hundred thousand dollars of assets in a trust. Now, once
- 30:52Speaker 3: we transfer them into the trust, the five year waiting
- 30:56Speaker 3: period begins to run, okay, and so you need to
- 31:01Speaker 3: stay out of a nursing home for the next five years.
- 31:03Speaker 3: And these assets will then become protected from the cost
- 31:08Speaker 3: of long term care, they will avoid probate, and they
- 31:13Speaker 3: will have direction in the document as to who gets them, when, where, why,
- 31:18Speaker 3: and how upon your passing. So all very helpful. All said,
- 31:24Speaker 3: there's no reason to talk or worry about death taxes
- 31:27Speaker 3: because we're way under the exemption, both federal and state.
- 31:31Speaker 3: So we've fixed that. Now you might be saying, well,
- 31:36Speaker 3: that's great, Todd, What about the four hundred thousand in
- 31:38Speaker 3: the IRA, fair thought, you can't just move those Those
- 31:45Speaker 3: are problematic assets because they have not only subject to
- 31:51Speaker 3: estate taxes when you die, albeit there might not be
- 31:54Speaker 3: money any they have an income tax component associated with
- 32:00Speaker 3: and so every time you move money out of an
- 32:03Speaker 3: IRA into your own name, it's an income taxable event.
- 32:08Speaker 3: And since they are individual retirement accounts, the word individual
- 32:14Speaker 3: means it needs to be owned by you as an individual.
- 32:18Speaker 2: Yep.
- 32:19Speaker 3: If you want to transfer these assets to the trust,
- 32:22Speaker 3: much like we did for the money the bank accounts,
- 32:24Speaker 3: you would need to take the money out of the
- 32:27Speaker 3: trust and pay income taxes on it and put it
- 32:31Speaker 3: in the trust. And we're not going to do that.
- 32:34Speaker 3: So that's a huge income. So just live off your
- 32:36Speaker 3: IRA money, folks. Put the rest of it in there, Janet,
- 32:40Speaker 3: and go about your business. But whenever you get sick,
- 32:43Speaker 3: anybody who gets sick, there's always going to be something
- 32:47Speaker 3: outside the trust. Like here, it would be the IRA
- 32:50Speaker 3: money for someone who did the planning. For someone who
- 32:52Speaker 3: doesn't do the planning, it can be all your assets.
- 32:56Speaker 3: So and each asset is treated differently for married versus single.
- 33:00Speaker 3: Call and get the guide eight sixty six eight four
- 33:04Speaker 3: eight five six nine nine or Legal Exchange show dot
- 33:07Speaker 3: com to learn about long term care planning for procrastinators
- 33:11Speaker 3: eight sixty six eight four eight five six ninety nine
- 33:15Speaker 3: or Legal Exchange Show dot com.
- 33:18Speaker 2: Our last question comes from Mildred and Bridgewater, mass And
- 33:21Speaker 2: Mildred writes, my husband is seventy four and recently went
- 33:24Speaker 2: into a nursing home. We don't have much in investments,
- 33:28Speaker 2: only around ninety thousand, but his pension doesn't have a
- 33:31Speaker 2: survivor benefit for me, so he took out a whole
- 33:34Speaker 2: life insurance policy. My daughter in law told me that
- 33:38Speaker 2: the cash value is of his life insurance will need
- 33:41Speaker 2: to be cashed out in order for us to qualify
- 33:44Speaker 2: for Medicaid. It isn't a law, just one hundred thousand.
- 33:47Speaker 2: But I can't afford to pay the life insurance if
- 33:50Speaker 2: the cash value isn't there. How can I save the
- 33:53Speaker 2: life insurance policy. I need the death benefit of seven
- 33:57Speaker 2: hundred and fifty thousand when he dies to replace his income.
- 34:01Speaker 3: Awesome, that is a great question and it's a problem
- 34:05Speaker 3: that a many people face. Here's the answer, and we've
- 34:08Speaker 3: got one for you. So nice situation, because like we said,
- 34:11Speaker 3: there's ninety thousand dollars of money kicking around. And remember
- 34:15Speaker 3: the first thing when we talk about forgetting real estate
- 34:18Speaker 3: for the minute, for money, she's allowed to keep about
- 34:21Speaker 3: one hundred and fifty thousand dollars of assets doesn't have
- 34:26Speaker 3: to be money assets, okay, in order to be still
- 34:31Speaker 3: considered eligible for medicaid. Okay. And he's allowed to keep
- 34:36Speaker 3: two thousand. Well you look at this and you say, well,
- 34:40Speaker 3: there's ninety plus there's one hundred thousand of cash surrender values.
- 34:44Speaker 3: So that's one hundred and ninety thousand dollars of assets.
- 34:48Speaker 3: First and foremost. Some people might say, why are we
- 34:50Speaker 3: even looking at the life insurance? Well, because life insurance
- 34:53Speaker 3: is accountable asset. That's why they're looking at it. Okay,
- 34:56Speaker 3: Folks don't realize that. But it is especially whole life
- 35:01Speaker 3: because there's a cash surrender value. If it was term,
- 35:04Speaker 3: there's no cash surrender value, not countable, but for whole
- 35:08Speaker 3: life it is. So what we would advise the client
- 35:11Speaker 3: to do here is say, look, I'm going to leverage
- 35:16Speaker 3: one hundred and fifty thousand dollars here, right, How am
- 35:19Speaker 3: I going to leverage it? I'm going to transfer the
- 35:21Speaker 3: life insurance policy over to the community spouse. You're allowed
- 35:26Speaker 3: to do that. Transfers between spouses are permissible and allowable.
- 35:30Speaker 2: So she'll now own it.
- 35:33Speaker 3: And yeah, no five year waiting period. So now she's
- 35:36Speaker 3: got one hundred thousand dollars, she's allowed to keep another fifty.
- 35:40Speaker 3: So she's going to grab forty from the ninety stick
- 35:43Speaker 3: that in her bank account, and now she's got one
- 35:46Speaker 3: hundred and fifty thousand dollars of assets. Then she's going
- 35:50Speaker 3: to probably buy a medicaid annuity for the excess resources
- 35:53Speaker 3: the forty that she's over, and she's going to save
- 35:57Speaker 3: that by converting that to an income stream. Now understand
- 36:01Speaker 3: the leverage here. Right now, now we're eligible for medicaid
- 36:05Speaker 3: because we've made the asset limits satisfied.
- 36:09Speaker 2: Yep.
- 36:10Speaker 3: Well not only are we eligible for medicaid, but we
- 36:14Speaker 3: saved all the assets, most importantly the life insurance policy
- 36:18Speaker 3: because well, I'm telling you that the community spousal resource
- 36:22Speaker 3: allowance is one hundred and fifty. Didn't we just really
- 36:28Speaker 3: increase that? Because now by keeping the life insurance policy,
- 36:32Speaker 3: she's really keeping seven hundred and fifty thousand dollars because
- 36:38Speaker 3: when he dies, that's going to pay out, she's going
- 36:42Speaker 3: to get to seven fifty, it's going to have her
- 36:45Speaker 3: as the designated beneficiary, and it's going to avoid a
- 36:49Speaker 3: state recovery. And she's going to now have the money
- 36:52Speaker 3: she needs to be reinvested to pay for her living expenses.
- 36:56Speaker 2: Wow, that's great, folks.
- 36:59Speaker 3: That kind of inf is what's in this guide long
- 37:01Speaker 3: term care planning for procrastinators. Get it eight six six
- 37:06Speaker 3: eight forty eight five six ninety nine or Legal Exchange
- 37:10Speaker 3: Show dot com.
- 37:11Speaker 2: If you have a question you would like to ask Todd,
- 37:14Speaker 2: visit his website Legal Exchange Show dot com and click
- 37:17Speaker 2: on the ass Tod tab. Maybe I'll be able to
- 37:20Speaker 2: read your question on the air, and hopefully his answer
- 37:23Speaker 2: will stop you from becoming one of his next real
- 37:26Speaker 2: life stories. You've been listening to Todd Lutsky, a partner
- 37:29Speaker 2: with a law firm of Cushing and Dolan. I'm Susan
- 37:33Speaker 2: Power as a financial advisor with the Armstrong Advisory Group.
- 37:36Speaker 2: We'll be back with more after this quick break on
- 37:39Speaker 2: the Legal Exchange with Todd Lutsky.
- 37:42Speaker 1: The average monthly cost for a private room in New
- 37:44Speaker 1: England could double by twenty forty So if you're not
- 37:47Speaker 1: prepared to handle the increased costs of nursing home care,
- 37:50Speaker 1: your assets may be at risk. Call Cushing and Dolan
- 37:53Speaker 1: today and request their new guide called Long Term Care
- 37:56Speaker 1: Planning for Procrastinators. It'll help you understand how to protect
- 37:59Speaker 1: your ass and allow you to enjoy your later years.
- 38:02Speaker 1: An unexpected nursing home stay could significantly reduce your wealth
- 38:05Speaker 1: and prosperity. Call Cushing and Dolan right now at eight
- 38:08Speaker 1: six six eight four eight five six ninety nine and
- 38:11Speaker 1: get your free guide called Long Term Care Planning for Procrastinators.
- 38:15Speaker 1: Don't put off today what you might really need to
- 38:17Speaker 1: do tomorrow. Call eight sixty six eight four eight five
- 38:20Speaker 1: six ninety nine. That's eight six six eight four eight
- 38:23Speaker 1: five six nine nine. Or you can request the guide
- 38:26Speaker 1: online by visiting Legal exchange show dot com. That's Legal
- 38:29Speaker 1: exchange show dot com. The proceeding was paid for in
- 38:32Speaker 1: the use expressed are solely those of Cushing and Dolan.
- 38:34Speaker 1: Cushing and Dolan, indoor i'm Strong Advisory may contact you
- 38:37Speaker 1: offering legal or investment services. Cushing and Dolan and Armstrong
- 38:40Speaker 1: Advisory do not endorse each other and are not affiliated.
- 38:43Speaker 5: Phishing scams, ransomware attacks and identity theft are three very
- 38:47Speaker 5: common fraudulent schemes that can cause significant damage to your
- 38:50Speaker 5: financial well being.
- 38:51Speaker 3: Hi.
- 38:51Speaker 5: This is Chuck Zada from the Armstrong Advisory Group, and
- 38:54Speaker 5: as technology continues to evolve, it's even more important for
- 38:57Speaker 5: you to know how to protect yourself from being a
- 38:59Speaker 5: victim of this kind of serious activity. Our new guide
- 39:02Speaker 5: is called seven Common Financial Frauds and Scams, and it's
- 39:05Speaker 5: designed to help you understand ways to uncover potential hacks
- 39:08Speaker 5: to your most important accounts. These kind of attacks are
- 39:11Speaker 5: becoming more complex, so it's critical that you know what
- 39:14Speaker 5: to look for before clicking on an email or answering
- 39:17Speaker 5: a number you don't recognize. Call us today at eight
- 39:19Speaker 5: hundred three nine three for zero zero one and request
- 39:23Speaker 5: our new free guide called seven Common Financial Frauds and Scams.
- 39:26Speaker 5: That's eight hundred three nine three four zero zero one.
- 39:30Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 39:32Speaker 1: registered investment advisor. Nothing in the ad or in any
- 39:34Speaker 1: Armstrong guide is specific financial, legal or tax advice. Consult
- 39:37Speaker 1: your own financial, tax into state planning advisors before making
- 39:39Speaker 1: any investment decisions. Armstrong make contact you to offer investment
- 39:42Speaker 1: Advisory Services. The calendar is turned and the cold is
- 39:45Speaker 1: here to stay, So now is the perfect time to
- 39:48Speaker 1: plan that getaway to the US Virgin Islands. Act now
- 39:51Speaker 1: and take advantage of a special promotion to Saint Croix.
- 39:53Speaker 1: They experience a vibe like no other and receive a
- 39:56Speaker 1: two hundred and fifty dollars per person airfare credit and
- 40:00Speaker 1: a free hotel night when you book a five night
- 40:02Speaker 1: minimum stay with any participating hotel before June thirtieth, twenty
- 40:05Speaker 1: twenty five. Saint Croix is known for its incredible history
- 40:08Speaker 1: and spectacular architecture, along with world class cuisine, incredible golf courses,
- 40:13Speaker 1: and a wide variety of water sports. From the moment
- 40:16Speaker 1: you arrive, you'll fall naturally in rhythm with the heartbeat
- 40:19Speaker 1: of the islands. There's no money to exchange, and travel
- 40:22Speaker 1: from New England could not be easier. America's Caribbean Paradise
- 40:26Speaker 1: is waiting for you. Experience a vibe like no other
- 40:29Speaker 1: on the island of Saint Croix. Go to visit USVII
- 40:32Speaker 1: dot com and use the code vibe twenty twenty five
- 40:35Speaker 1: for more information and book your trip today. That's visit
- 40:38Speaker 1: USVII dot com and Code Vibe twenty twenty five. Your
- 40:44Speaker 1: tune to the Legal Exchange with Todd Lutsky. If you
- 40:47Speaker 1: are a loved one needs a nursing homestay, call Todd
- 40:49Speaker 1: right now at eight six six eight four eight five
- 40:52Speaker 1: six nine nine and let him make sure your assets
- 40:54Speaker 1: are protected. That's eight six six eight four eight five
- 40:57Speaker 1: six nine nine, or visit him online at Lee Exchange
- 41:00Speaker 1: show dot com.
- 41:03Speaker 2: Welcome back into the Legal Exchange with Todd Lutsky. I'm
- 41:06Speaker 2: Susan Paris, a financial advisor with the Armstrong Advisory Group,
- 41:10Speaker 2: and I'm joined, of course by Todd Lutsky, a partner
- 41:13Speaker 2: with the law firm of Cushing and Dolan with a
- 41:15Speaker 2: master's in taxation. So Todd, I have my own real
- 41:20Speaker 2: life story. It's actually a mutual client of ours. And
- 41:27Speaker 2: got a call today from the client this week and
- 41:31Speaker 2: I told them, I asked you a few questions on
- 41:33Speaker 2: their behalf so married couple. The husband is healthy but
- 41:38Speaker 2: the wife isn't failing health. They have around a million
- 41:41Speaker 2: dollars in assets, about six hundred thousand of that is
- 41:46Speaker 2: in retirement. They don't own any real estate, they rent
- 41:49Speaker 2: and they have about four hundred thousand of bank and
- 41:53Speaker 2: brokeridgick House. So they want to know what can be
- 41:57Speaker 2: done if the wife goes into a nursing home. She's
- 42:00Speaker 2: not going in yet, but it's likely that she's going
- 42:03Speaker 2: to need to go in. Is there anything that they
- 42:07Speaker 2: should be doing now? They have regular They ended up
- 42:10Speaker 2: doing just regular trust plan excuse me, basic planning, meaning
- 42:15Speaker 2: they have power of attorney, healthcare proxy, that kind of stuff.
- 42:19Speaker 2: They never went down the path of creating a trust.
- 42:23Speaker 2: So what should they do now to kind of position themselves,
- 42:29Speaker 2: whether it's trust planning or testamentary trustplanning, whatever it is,
- 42:32Speaker 2: what do you think they should be doing at this point?
- 42:35Speaker 3: Yeah? And again, if the total value of their estate
- 42:38Speaker 3: was around a million dollars back whenever they did this planning, right,
- 42:44Speaker 3: it's not uncommon that you know, was there really a
- 42:48Speaker 3: trust needed? They had no real estate, there's no estate
- 42:52Speaker 3: tax issues.
- 42:53Speaker 1: Nope.
- 42:54Speaker 3: And the bank account can have a designated beneficiary on
- 42:58Speaker 3: it to avoid probate in the IRA probably has a
- 43:00Speaker 3: designated beneficiary to avoid probate, so you know, so yeah,
- 43:04Speaker 3: I mean it's not uncommon, but you know now, and again,
- 43:09Speaker 3: I don't know how long ago this was done, but
- 43:11Speaker 3: remember very recently, there's been a development that probably didn't
- 43:16Speaker 3: exist back then, where under the Secure Act we can
- 43:22Speaker 3: name the estate the designated beneficiary on an IRA provided
- 43:29Speaker 3: the participant is over seventy three years of age or
- 43:36Speaker 3: at seventy three.
- 43:37Speaker 2: And they are there around seventy five ish.
- 43:40Speaker 3: Okay, So now there is a new development that could
- 43:45Speaker 3: be offered to them. Right, So you we're probably not
- 43:51Speaker 3: going to set up a regular irrevocable trust and a
- 43:55Speaker 3: five year waiting period and all that, just for a
- 43:57Speaker 3: couple of reasons. One there's not a lot of assets
- 43:59Speaker 3: to put in and number two, she's not going to
- 44:01Speaker 3: make five years, right. So under this fact pattern, however,
- 44:06Speaker 3: what you could do is set up a new will
- 44:10Speaker 3: for him M and a testamentary trust that says, in
- 44:19Speaker 3: the event he dies before her yep, right, yep, the
- 44:25Speaker 3: designated beneficiary can be the estate of him. And that way,
- 44:31Speaker 3: if you didn't change it, right, the designated beneficiary is
- 44:34Speaker 3: probably her right And so then the asset would just
- 44:37Speaker 3: go directly to her. She would get it, it would
- 44:41Speaker 3: avoid probate, and it would be available for her to use,
- 44:45Speaker 3: and she would take it out over her lifetime and
- 44:51Speaker 3: it would be completely at risk for the nursing home,
- 44:55Speaker 3: which is not good if she's going, you know, potentially
- 44:58Speaker 3: going to go into the nursing home down the Lila
- 45:00Speaker 3: line because of whatever she might be ailing her and
- 45:03Speaker 3: again it's not imminent, but it could happen down the
- 45:07Speaker 3: line well. In order to protect that, the thing you
- 45:11Speaker 3: might want to try is to instead of naming the
- 45:14Speaker 3: IRA beneficiary, her name it the estate of Then it
- 45:19Speaker 3: goes through his probate estate. I get it probate, but
- 45:23Speaker 3: you know, it's only one item, and then it gets
- 45:26Speaker 3: caught in his testamentary trust, which is the will trust.
- 45:29Speaker 3: It's the trust built in the will and like magic,
- 45:33Speaker 3: because it's done that way, there's no five year waiting
- 45:37Speaker 3: period for her. It's available for her because she can
- 45:41Speaker 3: have access in that testamentary trust to both income and
- 45:44Speaker 3: principle in the trustees' discretion, and it will come out
- 45:51Speaker 3: the minimum distributions will come out over a seventy five
- 45:54Speaker 3: year old's life expectancy if he died, because it's his
- 45:57Speaker 3: ghost life expectancy that is on the date of his death,
- 46:02Speaker 3: so there's no adverse income tax consequences. And if she
- 46:04Speaker 3: got sick the next day and went in the nursing home.
- 46:08Speaker 3: That six hundred thousand dollars would be protected for the children,
- 46:12Speaker 3: So it's a huge win for them and folks. That's
- 46:17Speaker 3: something that they might want to try. Something you might
- 46:20Speaker 3: want to try is getting this guide long Term Care
- 46:23Speaker 3: Planning for Procrastinators, because it helps explain for single people
- 46:29Speaker 3: and married couples because the rules are different on how
- 46:32Speaker 3: to protect certain assets last minute, ranging from homes to
- 46:37Speaker 3: rental properties, to vacation homes to excess assets. If you're married,
- 46:42Speaker 3: life insurance. We've talked about that. Learn what can be done,
- 46:46Speaker 3: and the MiG lesson is don't apply for medicaid on
- 46:49Speaker 3: your own. Get the guide and get some help. Eight
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- 46:57Speaker 3: Legal Exchange Show dot com. Long Term Care Planning for
- 47:01Speaker 3: Procrastinators eight sixty six eight four eight five six nine
- 47:06Speaker 3: nine or Legal Exchange Show dot com.
- 47:10Speaker 2: So, Todd, I have another client, just kind of the
- 47:13Speaker 2: season of the year that this happens. So the husband
- 47:17Speaker 2: recently passed away. They did their trust planning with you.
- 47:21Speaker 2: Mutual clients arevocable trust planning with you years ago. So
- 47:25Speaker 2: they have oh boy, they have a house worth I
- 47:28Speaker 2: think maybe six hundred thousand well passed. The five years.
- 47:32Speaker 2: They have two separate arevocable trusts. They have I want
- 47:35Speaker 2: to say combined probably two million dollars in investments within
- 47:42Speaker 2: their irevocable trusts. So that's well passed. That's all protected.
- 47:46Speaker 2: But what they have outside is they had about five
- 47:51Speaker 2: hundred thousand dollars that is, in bank accounts that they
- 47:57Speaker 2: just hadn't put into the trust because they wanted to
- 48:00Speaker 2: have some kind of fun money outside, no retirement accounts.
- 48:03Speaker 2: But now they have this five hundred thousand. He has
- 48:06Speaker 2: recently passed away. He was her primary caregiver, so she
- 48:11Speaker 2: is likely going to need to go into a nursing
- 48:16Speaker 2: home of some sort. She has Alzheimer's. He was primary
- 48:20Speaker 2: caregiver for her. So now she finds herself as a
- 48:24Speaker 2: single person with about five hundred thousand in assets if
- 48:28Speaker 2: she doesn't end up going in and the kids are
- 48:30Speaker 2: trying to figure out the exact scenario, Now, what would
- 48:33Speaker 2: you do with five hundred thousand for a single person.
- 48:37Speaker 2: She's in her early eighties, so I fear that the
- 48:41Speaker 2: annuity would be too much income for her to qualify
- 48:45Speaker 2: for Medicaid. What would you do with those funds?
- 48:49Speaker 3: So if she's in her early eighties, this could work.
- 48:55Speaker 3: It's five hundred thousand, it's not a huge number. I
- 48:59Speaker 3: would probably con consider the annuity option first. Okay, well,
- 49:03Speaker 3: trust is another option, but that's a song for another day.
- 49:06Speaker 3: I think if she's in her early eighties, her life
- 49:09Speaker 3: expectancy is probably somewhere around you know, nine years. Oh okay, okay,
- 49:16Speaker 3: so you know it's it's twelve years when you're seventy five,
- 49:20Speaker 3: so you know, I'm just guessing, so probably about nine years.
- 49:24Speaker 3: And if you have a nine year life expectancy, I
- 49:26Speaker 3: would simply take the five hundred thousand. I would buy
- 49:29Speaker 3: a mediciated annuity. You know how to do those, so
- 49:31Speaker 3: you would you would purchase these single premium annuities, and
- 49:35Speaker 3: it would take the five hundred thousand and say divide
- 49:38Speaker 3: it by nine years, divide it by twelve months, and
- 49:41Speaker 3: she's going to get a monthly check, and that monthly
- 49:45Speaker 3: check will be the income stream that we've converted the
- 49:50Speaker 3: asset to. The other assets are all protected, the six
- 49:53Speaker 3: hundred and the two million, so those are in the trust,
- 49:56Speaker 3: all protected, but this five hundred we need to convert
- 50:01Speaker 3: to an income stream because she's only allowed to keep
- 50:04Speaker 3: two thousand, right, you got to get five down to
- 50:07Speaker 3: two five hundred thousand down to two thousand, and then
- 50:14Speaker 3: this will be protected from the nursing home. It'll be sheltered.
- 50:18Speaker 3: You won't be able to you know, just get the
- 50:21Speaker 3: check every month and then you will have the ability
- 50:25Speaker 3: to slow the bleeding. Folks. That's just one way to
- 50:28Speaker 3: protect excess resources. Get the guide to learn how to
- 50:32Speaker 3: protect any other assets you might have when you're faced
- 50:35Speaker 3: with last minute planning eight six six eight four eight
- 50:39Speaker 3: five six nine nine or Legal Exchange show dot com.
- 50:43Speaker 2: Todd Lutsky from the law firm of Cushing in Dolan,
- 50:46Speaker 2: thank you so much.
- 50:48Speaker 3: Thank you, Susan, always a pleasure.
- 50:49Speaker 2: I'm Susan Power as a financial advisor with the Armstrong
- 50:52Speaker 2: Advisory Group. We thank you for joining us today and
- 50:55Speaker 2: we'll be back again next week on the Legal Exchange
- 50:58Speaker 2: with Todd Lutsky.
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