Latest / The Legal Exchange / Leaving assets unequally to your beneficiaries
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- 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, Tod Lutsky and Susan Powers.
- 0:36Speaker 2: Welcome into Legal Exchange with Todd Lotsky. I'm Susan Powers,
- 0:40Speaker 2: of financial Advisor with the Armstrong Advisory Group and I'm
- 0:43Speaker 2: joined by Todd Lutsky, a partner with the law firm
- 0:46Speaker 2: of Cushing and Dolan with a master's in taxation. Welcome Todd.
- 0:50Speaker 2: How are you?
- 0:51Speaker 3: I am never better on you?
- 0:53Speaker 2: I'm great? Thank you? What do you have for us this?
- 0:55Speaker 3: Welcome to the new year.
- 0:56Speaker 2: I know it.
- 0:57Speaker 3: It's good though, it's good. Starting off a couple of
- 1:01Speaker 3: things got a case out of Wisconsin on a Wisconsin
- 1:05Speaker 3: appellid court case basically drafting, the intentions behind how you
- 1:11Speaker 3: draft really matter. And in this case they treated five
- 1:17Speaker 3: people equally, three kids and two grandkids and it was
- 1:21Speaker 3: pretty clear. But the kids didn't see it that way,
- 1:25Speaker 3: so they were upset and they sued the lawyer. We'll
- 1:29Speaker 3: see how that plays out. But again, drafting so important, folks,
- 1:34Speaker 3: be clear with your intentions. Next we hit over to Kansas.
- 1:39Speaker 3: We have an appellate court case there. Does the will
- 1:43Speaker 3: or the trust apply? And in this case does it
- 1:45Speaker 3: really matter? It was with a nineteen eighty five will,
- 1:49Speaker 3: then they died joint everything passed jointly. Then when the
- 1:54Speaker 3: person died later they wanted to they had done a
- 1:56Speaker 3: trust in between. It's just it's like the trust might
- 1:59Speaker 3: not even I mean, the will might not even matter.
- 2:01Speaker 3: I'm not sure why they were fighting over the will
- 2:04Speaker 3: over the nineteen eighty five will when a trust was done.
- 2:07Speaker 3: So stay tuned. You're going to learn how when you
- 2:10Speaker 3: change your plan, make sure you change all the documents
- 2:15Speaker 3: in your plan and not just some of your documents.
- 2:18Speaker 3: But folks, that's all about both of these articles or
- 2:22Speaker 3: these cases are about plan about planning? What about when
- 2:26Speaker 3: you don't plan? And that's what this new guide is
- 2:29Speaker 3: about this month. It happens still, after all these years,
- 2:33Speaker 3: far too often that people don't do planning and are
- 2:38Speaker 3: faced with nursing home care and they think they have
- 2:40Speaker 3: to just write the check. Well, this guide is long
- 2:43Speaker 3: term care planning for the procrastinator. What have you not done?
- 2:47Speaker 3: And if you're faced with nursing home care? What can
- 2:49Speaker 3: you do from understanding the look back period? What gifts
- 2:52Speaker 3: can be made last minute? How annuities work for single people,
- 2:56Speaker 3: for married couples they can be done. What about pool trusts?
- 3:00Speaker 3: Those were in and out and in and out and
- 3:02Speaker 3: they're back in, so we can learn about how to
- 3:05Speaker 3: do those. How does a house and a rental property
- 3:07Speaker 3: get treated? Folks? All of these things are in the
- 3:10Speaker 3: guide and it matters. Don't just write the check. If
- 3:14Speaker 3: you're faced with going into the nursing home, call and
- 3:17Speaker 3: get the guide eight six six eight four eight five
- 3:21Speaker 3: six nine nine or Legal Exchange Show dot com again
- 3:25Speaker 3: eight six six eight four eight five six nine nine
- 3:29Speaker 3: or Legal Exchange Show dot Com. Okay, let's head over
- 3:35Speaker 3: to Wisconsin. So in this case we have him, a
- 3:40Speaker 3: retired attorney, and his wife Flow. They created a revocable
- 3:45Speaker 3: trust in nineteen ninety eight. His partner, attorney Torren, actually
- 3:53Speaker 3: drafted the trust.
- 3:54Speaker 2: Good at least he didn't do his own documents right.
- 3:57Speaker 3: The trust language simply said, upon the death of these
- 4:00Speaker 3: the trust breaks down into two buckets, a family trust
- 4:03Speaker 3: and a survivor trust. Okay, yeah, that's our ab marital
- 4:08Speaker 3: share remainder share that we talk about. So far, so good,
- 4:12Speaker 3: upon the death of the survivor, meaning we took care
- 4:14Speaker 3: of the spouse equally to five shares, benefiting three kids
- 4:19Speaker 3: and two grandkids. Hiram actually reviewed the trust before he
- 4:26Speaker 3: signed it and had a few changes. Tourney attorney Torren
- 4:31Speaker 3: spent over an hour with both of them reviewing the
- 4:35Speaker 3: trust right before they signed it, explaining it. Hiram died
- 4:40Speaker 3: in two thousand and six. Flow died in twenty nineteen.
- 4:43Speaker 2: This is howite a while after and this is how long.
- 4:45Speaker 3: These things take to kick around. Richard the Son ended
- 4:51Speaker 3: up blaming the trust. Richard the Son was the trustee,
- 4:54Speaker 3: and he started offering proposals on how to distribute the
- 4:57Speaker 3: assets to the five kids. I assume based on the
- 5:01Speaker 3: terms of the trust, so the kids and the grandkids,
- 5:04Speaker 3: I assume, well, Barbara and Barbara and j T his siblings,
- 5:11Speaker 3: they didn't like that. They weren't happy, so they filed
- 5:14Speaker 3: claims against Richard that he was doing wrong things wherever
- 5:19Speaker 3: those were. Well, the probate court said, no, the parents'
- 5:24Speaker 3: intentions were very clear, equally to five heirs.
- 5:28Speaker 2: Yep.
- 5:29Speaker 3: Well, Barbara and JT. Weren't happy with that results, so
- 5:33Speaker 3: rather than appeal, they filed a malpractice claim against the
- 5:36Speaker 3: attorney Torn for drafting the trust negligently to thwart their intentions.
- 5:46Speaker 3: Attorney Torn, of course, filed a motion for some rejudgment
- 5:48Speaker 3: right away, saying, sure, there is no issue of material
- 5:51Speaker 3: fact here. The circuit court granted Attorney Torren's motion and
- 5:57Speaker 3: said the intent was crystal clear. The attorney did not
- 6:01Speaker 3: frustrate the testamentary purpose. Everybody was supposed to be treated equally.
- 6:08Speaker 3: They appealed, Wow, the appellate court quickly affirmed, saying there
- 6:13Speaker 3: was no evidence presented that anyone's intent was frustrated.
- 6:17Speaker 2: I can't imagine an attorney takes that case and says,
- 6:19Speaker 2: oh yeah, let's try it again. I mean, unless your
- 6:23Speaker 2: kids are going to college or something and you want
- 6:25Speaker 2: to bill.
- 6:26Speaker 3: Yeah, it's just beyond me on that one.
- 6:28Speaker 2: Yeah, because your client's an attorney, I understand what they're
- 6:32Speaker 2: signing and what they're doing.
- 6:33Speaker 3: I mean he spent an hour with them explaining it.
- 6:35Speaker 3: He's an attorney. I mean it was pretty clear. So
- 6:39Speaker 3: obviously the kids wanted to didn't want the grandkids to get,
- 6:44Speaker 3: you know, percent, and so they end up with sixty percent.
- 6:49Speaker 3: They wanted all of it and.
- 6:51Speaker 2: A completely broken family after that. I'm sure.
- 6:53Speaker 3: Wow, yeah, and you get nothing now, Oh you still
- 6:57Speaker 3: get your stuff, but now you've you got nothing more
- 7:00Speaker 3: and you have lost your family. Yeah.
- 7:02Speaker 2: Wow, it's crazy. People think, oh, all my kids get along,
- 7:05Speaker 2: but everything changes when that bag of money hits the table.
- 7:08Speaker 3: Unbelievable. But anyways, let's get some tips and lessons and
- 7:12Speaker 3: you know what can we learn from this. Obviously drafting
- 7:14Speaker 3: is important. So here was great marital share remainder share.
- 7:18Speaker 3: The trust was prepared properly. The shares were designed, you know,
- 7:22Speaker 3: for the surviving spouse to be trustee and to enjoy
- 7:25Speaker 3: the income and principle from the trust. No problem, That's
- 7:29Speaker 3: how it always is. And they were needed to maintain
- 7:32Speaker 3: their standard of living. And these trusts will shelter the
- 7:36Speaker 3: assets from being taxed federally and state the state tax
- 7:41Speaker 3: as needed. Probably had the formulas built in helped shelter
- 7:45Speaker 3: the taxes again, allowing more to go to the family.
- 7:48Speaker 3: Good stuff, I would think. Also all the assets avoided
- 7:52Speaker 3: probate also good stuff for the family.
- 7:54Speaker 2: No one wants to go there.
- 7:56Speaker 3: So, folks, that's the way you draft it, and it works,
- 8:00Speaker 3: and when kids want it not to work, it works
- 8:04Speaker 3: upon death. Seemed they were really clear they wanted the
- 8:07Speaker 3: assets to go equally to five people. They chose to
- 8:11Speaker 3: treat the kids and the grandkids equally on their own.
- 8:13Speaker 3: Now tip hopefully the grandkids share was held in trust
- 8:18Speaker 3: till they're thirty, to be used for their health, education,
- 8:21Speaker 3: maintenance and support. I didn't get that from the trust.
- 8:24Speaker 3: I don't know what the trust said, but I'm going
- 8:27Speaker 3: to assume that the grandkids share at least was held
- 8:30Speaker 3: in trust.
- 8:31Speaker 2: And it could have been kids of a deceased child,
- 8:35Speaker 2: could have been kids of the one that wasn't fighting
- 8:38Speaker 2: at all.
- 8:38Speaker 3: I get the impression that it was three kids and
- 8:41Speaker 3: no diseased kids, and these are just two extra kids.
- 8:44Speaker 3: They just wanted to treat them equally. And again, this
- 8:47Speaker 3: is one approach, right, This is an approach to ensure
- 8:50Speaker 3: that grandkids get at least something, especially if the trust
- 8:55Speaker 3: said the kids share is to be paid out, because
- 9:00Speaker 3: if the kids share is paid out, those kids could
- 9:03Speaker 3: get divorced and then there'd be nothing for the grand.
- 9:06Speaker 2: News half the inheritance.
- 9:08Speaker 3: Yeah. Right, so this was a way for them perhaps
- 9:12Speaker 3: to say I want to make sure the grandkids get something.
- 9:16Speaker 2: People oftentimes end up liking their grandkids better than their kids.
- 9:19Speaker 3: That's right, So you can't fault them. I don't see
- 9:22Speaker 3: anything wrong with thiss trust, you know, other than maybe
- 9:24Speaker 3: what I would have done is I probably would have
- 9:26Speaker 3: divorced proofed all the assets, and that way the kids
- 9:29Speaker 3: are taken care of, the grandkids are taken care of
- 9:33Speaker 3: without having to disinherit a kid. Right, because it's all
- 9:36Speaker 3: in there to come out for kids and grandkids. And
- 9:39Speaker 3: my last comment is on the malpractice claim. Again, I
- 9:42Speaker 3: get yelled at for spending so much time with my clients.
- 9:46Speaker 3: You need an hour and a half for a meeting
- 9:48Speaker 3: just to get started, and then you need another hour
- 9:50Speaker 3: and a half to explain it to them later. You
- 9:52Speaker 3: gotta spend time greeting with clients, and you need to
- 9:55Speaker 3: have a flat fee so that you can provide questions
- 9:59Speaker 3: and answers all throughout the process. Folks, that's how it works.
- 10:03Speaker 3: Get your planning done. But for those of you who
- 10:06Speaker 3: haven't planned and might be faced with a nursing home
- 10:09Speaker 3: please get the guide long Term Care Planning for Procrastinators,
- 10:12Speaker 3: Learn what to do Last Minute eight six six eight
- 10:16Speaker 3: four eight five six nine nine or Legal Exchange show
- 10:20Speaker 3: dot com.
- 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
- 10:30Speaker 2: more to come when we return to the Legal Exchange
- 10:34Speaker 2: with Todd Lutsky.
- 10:35Speaker 1: From the other law attorneys at Cushing and Dolan. Here's
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- 12:23Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
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- 13:35Speaker 1: USVII dot com. You're listening to the Legal Exchange with
- 13:39Speaker 1: Todd Lutsky, an expert in elder life planning and taxation.
- 13:43Speaker 1: Need help with your estate plan? Call Todd right now
- 13:46Speaker 1: and make an appointment. Eight six six eight four eight
- 13:48Speaker 1: five six ninety nine. That's eight sixty six eight four
- 13:51Speaker 1: eight five six ninety nine.
- 13:53Speaker 2: Welcome back into the Legal Exchange with Todd Lutsky. I'm
- 13:57Speaker 2: Susan Powers of financial advice with the Armstrong Advisor, and
- 14:00Speaker 2: I'm joined by Todd Lutsky, a partner with the law
- 14:03Speaker 2: firm of Cushing and Dolan with a master's in taxation.
- 14:07Speaker 2: Where we headed now, Todd.
- 14:08Speaker 3: We're gonna head over to Kansas. We've got a situation
- 14:12Speaker 3: there where does a will or a trust apply? Which one?
- 14:16Speaker 3: And maybe why does it matter? Yeah? So nineteen eighty five,
- 14:21Speaker 3: Gloria and Fred executed a will giving all assets to
- 14:24Speaker 3: each other. Problem number one, then equally to five kids. Okay, fine,
- 14:31Speaker 3: I guess it's not really planning, but.
- 14:33Speaker 2: It's just a simple will.
- 14:34Speaker 3: So and I love you will Yeah. Fred died in
- 14:38Speaker 3: twenty fourteen. No probate was needed why because all the
- 14:42Speaker 3: assets were on jointly, so everything just went to the
- 14:45Speaker 3: survivor and nobody did anything.
- 14:48Speaker 2: Beneficiaries probably her, so she gets everything.
- 14:51Speaker 3: That's fine. September twenty fifteen, Gloria decides to execute a
- 14:56Speaker 3: revocable trust way better I like it, which gave three kids,
- 15:00Speaker 3: not five twenty percent each, and smaller amounts of gifts
- 15:05Speaker 3: to grandkids and then some to charity. So that's a
- 15:09Speaker 3: big change from.
- 15:10Speaker 2: The everyone's feeling the grand kid loved today.
- 15:13Speaker 3: They are they are, and so that gets done in
- 15:18Speaker 3: twenty fifteen. Gloria dies in April of twenty twenty one,
- 15:25Speaker 3: and so two kids, Greg and Janis, they email each
- 15:30Speaker 3: other about the estate. Janice decides to hire an attorney.
- 15:34Speaker 3: The attorney learns that Gloria did that Gloria died, and
- 15:38Speaker 3: so when he learned that Gloria died, he sent the
- 15:40Speaker 3: nineteen eighty five will to the other kids.
- 15:44Speaker 2: So they hadn't done.
- 15:46Speaker 3: There was nothing done when the first one died, remember.
- 15:48Speaker 2: Was no no, So they probably didn't use the same
- 15:52Speaker 2: attorney to do the revocable trust. He must not have
- 15:55Speaker 2: known it exists.
- 15:56Speaker 3: Don't know, Yeah, I don't. That's a good point. I
- 15:58Speaker 3: have no idea on this fact. Pattern. So Robert then
- 16:02Speaker 3: petitioned to file the nineteen eighty five will as it was,
- 16:06Speaker 3: you know the first time that they learned about it, Janie,
- 16:10Speaker 3: they said, But he argued that Janie knowingly withheld the will.
- 16:14Speaker 3: Janis said, no, the will was revoked and Robert, you're
- 16:17Speaker 3: not allowed to bring this. You're not allowed to petition
- 16:19Speaker 3: the court because in Kansas you have a six month
- 16:22Speaker 3: statute of limitations for filing a will unless it was
- 16:26Speaker 3: knowingly withheld. And the court agreed Robert missed out on
- 16:32Speaker 3: the statute of limitation period and could not file the will.
- 16:35Speaker 3: And they appealed in the Appellate Court affirm saying that
- 16:38Speaker 3: its stated that the statute of limitations period had run
- 16:42Speaker 3: and only the exception only applies if the will had
- 16:45Speaker 3: been knowingly withheld. And there has been no proof that
- 16:49Speaker 3: either Janice or the other attorney knowingly withheld this will.
- 16:54Speaker 3: So you don't get to file the will.
- 16:56Speaker 2: And it probably wouldn't matter anyway, because she's good a trust.
- 16:58Speaker 3: Now this is this, this is the whole point. As
- 17:01Speaker 3: soon as I got done with this, I'm like, oh great,
- 17:04Speaker 3: they're not filing the nineteen eighty five will, which was
- 17:07Speaker 3: an I love you will. Let's come back to this and.
- 17:09Speaker 2: Exploit wasted time and money and resources.
- 17:12Speaker 3: What's going on here, folks. This is a prime example
- 17:15Speaker 3: of people who plan but didn't really plan or didn't
- 17:18Speaker 3: fully complete the plan and folks, the guide this month
- 17:22Speaker 3: is for people who didn't plan at all. So if
- 17:25Speaker 3: you find yourself in a nursing home situation, call and
- 17:27Speaker 3: get the guide long Term care Planning for procrastinators. It
- 17:33Speaker 3: helps you understand the look back period, the penalty period.
- 17:36Speaker 3: If you want to make gifts now, it brings back
- 17:39Speaker 3: in the half a loaf idea where maybe I can
- 17:41Speaker 3: give away some and keep some as a last minute technique.
- 17:46Speaker 3: It explains annuities for married couples for single people, how
- 17:51Speaker 3: they work, how pool trusts work, they're back, how to
- 17:54Speaker 3: treat a house of vacation home. Folks, there are special
- 17:58Speaker 3: assets that are treated differently. Don't just write the check.
- 18:02Speaker 3: You may find yourself eligible for medicaid even though you
- 18:06Speaker 3: didn't do planning. Call and get the guide eight six
- 18:10Speaker 3: six eight four eight five six nine nine or Legal
- 18:14Speaker 3: Exchange Show dot com again eight six six eight four
- 18:19Speaker 3: eight five six nine nine or Legal Exchange Show dot com.
- 18:25Speaker 3: What do we learn from this?
- 18:28Speaker 2: Maybe kick with one attorney?
- 18:30Speaker 3: Well, maybe get an attorney that does it right the
- 18:32Speaker 3: first time. So here they started off with, and I
- 18:35Speaker 3: love you will. So many of you people probably have these.
- 18:40Speaker 3: You might have think, oh, I did my planning, I
- 18:41Speaker 3: got my will done, I leave everything to my spouse
- 18:43Speaker 3: when I die, then my kids. That is not planning,
- 18:49Speaker 3: not enough planning, for sure. Yeah that is so. So
- 18:52Speaker 3: here's what this. I love you will right in nineteen
- 18:55Speaker 3: eighty five, simply left all the assets to each other.
- 18:58Speaker 3: No planning, folks. This is no different than owning all
- 19:02Speaker 3: your assets jointly. It's a waste for estate tax savings purposes.
- 19:08Speaker 3: I guess at a bare minimum, it will leave your
- 19:11Speaker 3: assets to who you want them to go to.
- 19:14Speaker 2: Maybe better than nothing, right.
- 19:16Speaker 3: Maybe better than nothing, but certainly isn't going to help
- 19:18Speaker 3: from an estate tax standpoint. Remember all assets pass under
- 19:22Speaker 3: the marital reduction to the surviving spouse. Yeah, you avoid probate,
- 19:28Speaker 3: but you've loaded up on the first death there's no tax,
- 19:31Speaker 3: but you've loaded up the estate for the when the
- 19:34Speaker 3: surviving spouse dies, so then they'll tax it both federally
- 19:38Speaker 3: and state.
- 19:39Speaker 2: The IRS loves when you do this, because you're wasting
- 19:43Speaker 2: your exemptions.
- 19:45Speaker 3: It's exactly what happens. And so here that's what the
- 19:47Speaker 3: nineteen eighty five will did, just left everything to the survivor.
- 19:52Speaker 3: And if it didn't the assets were owned jointly, they
- 19:55Speaker 3: passed to the survivor. Again, at least they avoid probate.
- 20:00Speaker 3: Question is I'm going to talk about the trust now.
- 20:04Speaker 3: When the trust was drafted, Why didn't they do a
- 20:07Speaker 3: new will, right?
- 20:08Speaker 2: Because doesn't the will.
- 20:10Speaker 3: Pour into the trust?
- 20:11Speaker 2: Yeah, it refers to the trust and the trust to
- 20:13Speaker 2: the will.
- 20:14Speaker 3: It certainly should you all listen, all your listeners know
- 20:16Speaker 3: we've talked about pour over wills for years, and they
- 20:19Speaker 3: go with your trust. They're a safety net. There doesn't
- 20:23Speaker 3: seem to be any mention of that when she did
- 20:26Speaker 3: the new trust in twenty fifteen.
- 20:29Speaker 2: And when you say a safety net, Todd, it's to
- 20:31Speaker 2: catch assets that you might have left owning in your
- 20:35Speaker 2: own name.
- 20:36Speaker 3: Exactly.
- 20:37Speaker 2: It happens to pour it into your trust exactly. Okay,
- 20:40Speaker 2: so we're we're connecting the dots here, right. Yes, they
- 20:44Speaker 2: would go to probate if you didn't fund it, but
- 20:46Speaker 2: it would least anyway if you died owning it in
- 20:48Speaker 2: your own name.
- 20:49Speaker 3: But at least take place exactly, yeah, exactly, Okay, So
- 20:53Speaker 3: what am I what am I driving it here? Well,
- 20:56Speaker 3: it seems like again when the if the trust was funded,
- 20:59Speaker 3: and let's just assume for now that they funded the trust. Remember, folks,
- 21:03Speaker 3: I'm always talking about funding a trust, and so it's
- 21:08Speaker 3: very important to fund the trust. So let's assume if
- 21:12Speaker 3: all the assets were in the trust, the trust assets
- 21:16Speaker 3: would avoid the will and avoid probate. So therefore, what's
- 21:22Speaker 3: the nineteen eighty five What the nineteen eighty five will
- 21:25Speaker 3: said really isn't important anyway, It wouldn't even matter, right
- 21:30Speaker 3: because if the assets are in the trust, the nineteen
- 21:32Speaker 3: eighty five will would not address those assets, So why
- 21:38Speaker 3: do we care? And that's not really addressed in this case.
- 21:42Speaker 3: But that's what's troubling to me.
- 21:44Speaker 2: I wonder if there's something that she died owning in
- 21:47Speaker 2: her own name that would have been a probate asset.
- 21:49Speaker 3: And again, that's where I was going to go next. Susan,
- 21:52Speaker 3: You're right, if it was not funded, or if they
- 21:57Speaker 3: created the trust and just never funded it, well, then
- 22:00Speaker 3: the will might matter. Ye, then the old will if
- 22:05Speaker 3: that's all they had probably said equally to the to
- 22:09Speaker 3: the kids, right, and.
- 22:10Speaker 2: That's disregarded the grand kids, which I.
- 22:13Speaker 3: Said equally to the five kids. Remember she cut.
- 22:15Speaker 2: Out Oh that's right, that's right. She cut out two kids,
- 22:18Speaker 2: a couple of kids, that's right.
- 22:20Speaker 3: So it would seem to me that if the will,
- 22:24Speaker 3: if the trust was not funded, which is a big waste.
- 22:27Speaker 3: I always tell people that, then yes, that this this
- 22:30Speaker 3: nineteen eighty five will would matter, and.
- 22:32Speaker 2: It could be partially funded right where there could be
- 22:34Speaker 2: some assets outside.
- 22:36Speaker 3: It could be possibly and so those would be covered. Again, folks,
- 22:39Speaker 3: I think the biggest problem here was when they did
- 22:42Speaker 3: the trust, they either a didn't fund it, which we
- 22:46Speaker 3: stress all the time, or b they never created a
- 22:50Speaker 3: new will when she created the trust.
- 22:53Speaker 2: And that you always do, don't you.
- 22:55Speaker 3: Well, when you lose a spouse, red flag, we talk
- 22:58Speaker 3: about it all the time. Update your dog documents. If
- 23:01Speaker 3: you update your documents, you would update all of your documents,
- 23:05Speaker 3: healthcare proxy, power of attorney will. Remember your primary fiduciary
- 23:10Speaker 3: is dead, so now you need to get an alternate
- 23:13Speaker 3: fiduciary anyway, So please complete the plan, do everything. Don't
- 23:19Speaker 3: just update a little piece. This is a red flag.
- 23:22Speaker 3: When someone dies, update all the planning documents and make
- 23:25Speaker 3: sure your wishes are clear. But again for folks who
- 23:28Speaker 3: don't plan long term care planning for the procrastinators. As
- 23:31Speaker 3: the guide, learn how to protect your assets from the
- 23:33Speaker 3: nursing home last minute eight six six, eight four, eight, five, six,
- 23:38Speaker 3: nine to nine.
- 23:39Speaker 2: You've been listening to Todd Lutsky, a partner with the
- 23:42Speaker 2: law firm of Cushing and Dolan. I'm Susan Power as
- 23:45Speaker 2: a financial advisor with the Armstrong Advisory Group and Todd
- 23:49Speaker 2: will be answering your listener questions when we return to
- 23:51Speaker 2: the legal exchange with Todd Lutsky.
- 23:54Speaker 1: From the other law attorneys at Cushing and Dolan, here's
- 23:57Speaker 1: something you need to hear. Most people think long term
- 24:00Speaker 1: care planning is something they'll get to someday, until suddenly
- 24:03Speaker 1: someday is today. When a spouse or parent needs nursing
- 24:06Speaker 1: home care and no planning was done, the costs can
- 24:08Speaker 1: be overwhelming. Cushing and Dolan our elder law and estate
- 24:11Speaker 1: planning attorneys who help New England families protect their homes,
- 24:14Speaker 1: savings and retirement even when a health crisis comes out
- 24:17Speaker 1: of nowhere. They've just released a new guide called long
- 24:20Speaker 1: Term Care Planning for procrastinators. It explains what options may
- 24:23Speaker 1: still be available and what steps you should take before
- 24:25Speaker 1: writing that first check to a nursing home. If you've
- 24:27Speaker 1: been putting this off, or a loved one needs care
- 24:29Speaker 1: right now, time matters. Call Cushing and Dolin today at
- 24:33Speaker 1: eight six six eight four eight five six ninety nine
- 24:35Speaker 1: to get your free guide. That's eight six six eight
- 24:37Speaker 1: four eight five six ninety nine, or you can request
- 24:40Speaker 1: it online by visiting Legal exchange Show dot com. That's
- 24:43Speaker 1: Legal exchange show dot com. The proceeding was paid for
- 24:45Speaker 1: in The music expressed are solely those of Cushing and Dolan.
- 24:47Speaker 1: Pushing In, dolin In or Armstrong advisorymay contact through offering
- 24:50Speaker 1: legal or investment services. Cushing In, Doolin In Armstrong Advisory
- 24:53Speaker 1: do not endorse each other and are not affiliated. If
- 24:55Speaker 1: you've been dreaming about a getaway that feels far away
- 24:58Speaker 1: but easy to get to, it's time to think. Think
- 25:00Speaker 1: about the US Virgin Islands America's Caribbean. This is a
- 25:03Speaker 1: place where you can fall naturally in rhythm with the
- 25:05Speaker 1: heartbeat of the islands. Enjoy crystal clear water and powder
- 25:08Speaker 1: soft beaches, world class dining, sailing, and unforgettable sunsets and
- 25:13Speaker 1: here's the best part. Travel from New England is easy.
- 25:16Speaker 1: The US Virgin Islands are part of the United States,
- 25:18Speaker 1: which means no passport required and no money to exchange.
- 25:22Speaker 1: Just pack your bags and go. Spend your day snorkeling, sailing, hiking,
- 25:26Speaker 1: or simply relaxing by the water, and your evenings enjoying
- 25:29Speaker 1: local cuisine, live music and warm island breezes. Explore Saint Thomas,
- 25:33Speaker 1: Saint John and Saint Croix, three distinct islands, each with
- 25:37Speaker 1: its own vibe, its own flavor, and its own way
- 25:39Speaker 1: of helping you unplug and reset. Start planning your Caribbean
- 25:42Speaker 1: escape today and visit USVII dot com discover why the
- 25:46Speaker 1: US Virgin Islands are America's Caribbean paradise. For more information
- 25:49Speaker 1: and to book your trip, head to visit USVII dot com.
- 25:53Speaker 1: That's visit USVII dot com. Hi.
- 25:55Speaker 4: As Mike Armstrong from the Armstrong Advisory Group, Retirement comes
- 25:58Speaker 4: with a lot of exciting freedom, but also with some
- 26:01Speaker 4: permanent decisions. Two of the most important ones are when
- 26:04Speaker 4: to file for Social Security and how to set up
- 26:06Speaker 4: your Medicare coverage. Claim source security too early and your
- 26:09Speaker 4: monthly check may be permanently reduced. Missing Medicare enrollment deadlines
- 26:13Speaker 4: might mean significant penalties and gaps in coverage. We have
- 26:16Speaker 4: a new guide available called how to Apply for Social
- 26:19Speaker 4: Security and Medicare. It breaks down when you can apply,
- 26:22Speaker 4: what information you'll need, and how these decisions fit into
- 26:25Speaker 4: a smart coordinated retirement plan. Get your copy today by
- 26:29Speaker 4: calling eight hundred three nine three four zero zero one.
- 26:33Speaker 4: That's eight hundred three nine three for zero zero one,
- 26:36Speaker 4: or you can request the guide online at Armstrong Advisory
- 26:39Speaker 4: dot com.
- 26:40Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 26:42Speaker 1: registered investment advisor. Nothing in the ad or in any
- 26:45Speaker 1: Armstrong guide a specific financial, legal, or tax advice. Consult
- 26:48Speaker 1: your own financial, tax into state planning advisors before making
- 26:51Speaker 1: any investment decisions. Armstrong may contact you to offer investment
- 26:54Speaker 1: advisory services. You're listening to the Legal Exchange and it's
- 26:58Speaker 1: time for Ask. I'm Todd, the segment where Todd will
- 27:01Speaker 1: answer your questions about anything and everything that's included in
- 27:05Speaker 1: the estate planning process. Once again, here's Todd Lutsky and
- 27:09Speaker 1: Susan Powers.
- 27:11Speaker 2: Welcome back, Todd. I have a few questions from listeners
- 27:14Speaker 2: for you first question comes from Dave in Braintree, mass
- 27:17Speaker 2: and Dave writes, my wife and I have around eight
- 27:20Speaker 2: hundred thousand in total assets. Our home is worth around
- 27:24Speaker 2: four hundred thousand, and we have a mortgage of one
- 27:26Speaker 2: hundred thousand. Most of our assets are in iras with beneficiaries.
- 27:32Speaker 2: Would there be any benefit for us to have a trust.
- 27:35Speaker 2: We only have one child and he will be our
- 27:37Speaker 2: only beneficiary.
- 27:39Speaker 3: So if you have eight hundred thousand in assets and
- 27:42Speaker 3: the home is four hundred thousand, mm hmm, you're looking
- 27:45Speaker 3: at four hundred mostly iris. Yep. You know. This is
- 27:49Speaker 3: a great question because again folks think that just because
- 27:53Speaker 3: I don't have a million dollars, I shouldn't do estate planning.
- 27:58Speaker 3: I don't think that's the case. I do agree, and
- 28:01Speaker 3: I'm the first to say it. There needs to be
- 28:03Speaker 3: an economic benefit to justify spending money today on a
- 28:08Speaker 3: lawyer to do estate planning. If there is no economic
- 28:12Speaker 3: benefit to the family, I tell clients save your money,
- 28:15Speaker 3: and I'm fine with that. This is really up to
- 28:20Speaker 3: the client because in this case, I say, well, look,
- 28:24Speaker 3: you're married, you have a four hundred thousand dollars house
- 28:29Speaker 3: that if you don't do planning. Because you only have
- 28:33Speaker 3: four hundred thousand in liquid assets, likely is very much
- 28:38Speaker 3: at risk for the nursing home because they will blow
- 28:42Speaker 3: through the money very quickly. Sure, so if you really
- 28:46Speaker 3: want to ensure at least one asset is protected for
- 28:49Speaker 3: the family, then yeah, I think a four hundred thousand
- 28:53Speaker 3: dollars home is worth protecting. I think it justifies, you know,
- 28:58Speaker 3: but that's really going to be the client's call.
- 29:01Speaker 2: And that's because if you have one spouse left, then
- 29:06Speaker 2: if that surviving spouse goes into the nursing home, then
- 29:08Speaker 2: they'll put a lean on the home. So that's what
- 29:11Speaker 2: you're able to avoid.
- 29:12Speaker 3: I see what, Yeah, that's exactly right, because you're right
- 29:15Speaker 3: as a as a sing as a married couple. If
- 29:17Speaker 3: one gets sick last minute, yep, yeah, I can take
- 29:21Speaker 3: care of all this. Yeah, but if the goal is
- 29:24Speaker 3: to save it for the children or child I think
- 29:26Speaker 3: they have one beneficiary, that might be all the more
- 29:28Speaker 3: reason to do. And that's where I was jumping to. Yeah,
- 29:31Speaker 3: I was saying, forget about the last minute planning, do
- 29:34Speaker 3: planning right in advance, and get this house protected. That way,
- 29:39Speaker 3: regardless of who gets sick or if both all the
- 29:42Speaker 3: what ifs are off the table, the house will.
- 29:44Speaker 2: Be safe, and then the non nursing home considerations. If
- 29:50Speaker 2: you maybe you don't really care for your daughter in
- 29:54Speaker 2: law and you want a divorce proof.
- 29:56Speaker 3: That could be in the trust as well.
- 29:57Speaker 2: You know, you could certainly accomplish that, whether you do
- 30:00Speaker 2: vocable or you're evocable, that's right. You can take care
- 30:02Speaker 2: of that bloodline planning at the same time too, And.
- 30:04Speaker 3: If you're going to go ahead and do planning anyway,
- 30:06Speaker 3: Let's say we want to protect the house. We all
- 30:08Speaker 3: know that the IRA is a hard asset to put
- 30:11Speaker 3: in a trust now because it costs you'd be hit
- 30:14Speaker 3: with taxes. But remember we've had these these shows where
- 30:18Speaker 3: we talked about testamentary trusts. So because you're a married couple,
- 30:23Speaker 3: we would set up a testamentary trust. And in the
- 30:25Speaker 3: event one of you died and didn't go to the
- 30:28Speaker 3: nursing home, if we have the testamentary trust in place,
- 30:31Speaker 3: now you've protected that person's IRA, whatever it is. Let's
- 30:36Speaker 3: say it's two hundred yep. That person's IRA would pass
- 30:40Speaker 3: through the will into the testamentary trust for the spouse yep,
- 30:45Speaker 3: but be immediately protected from the nursing home if the
- 30:48Speaker 3: spouse gets sick. So now you've added another layer of
- 30:52Speaker 3: protection of more than just a house, or at least
- 30:56Speaker 3: given yourself an option. So I think planning here is
- 31:01Speaker 3: a good idea. However, a lot of folks might say,
- 31:05Speaker 3: now we'll just roll the dice, or we haven't done
- 31:08Speaker 3: any planning. Get the guide folks, long term care planning
- 31:12Speaker 3: for procrastinators. It explains to you how to take care
- 31:15Speaker 3: of items like money, where annuities come into play for
- 31:19Speaker 3: single people and married couples. It talks about how pooled
- 31:23Speaker 3: trusts still around work great. What if you're single and
- 31:26Speaker 3: have no other way to save assets last minute? Look
- 31:29Speaker 3: at a pooled trust, learn how the look back period works.
- 31:32Speaker 3: How to save a house last minute, or even your
- 31:35Speaker 3: rental property or a vacation home. It can be saved
- 31:40Speaker 3: last minute, And get on medicaid. Don't write to check.
- 31:43Speaker 3: If you find yourself in this situation, call and get
- 31:46Speaker 3: the guide eight six six eight four eight five six
- 31:50Speaker 3: nine nine or legal Exchange show dot com again eight
- 31:54Speaker 3: six six eight four eight five six nine nine or
- 31:58Speaker 3: Legal Exchange showed.
- 32:00Speaker 2: Our last question comes from Bob and Hyenna's Mass and
- 32:03Speaker 2: Bob wrights. Can I buy my mother's house from her
- 32:06Speaker 2: at a discount? She's having a hard time keeping up
- 32:09Speaker 2: with the mortgage payments, and I'm in a position to
- 32:11Speaker 2: help her out. The sale would leave her with around
- 32:14Speaker 2: one hundred thousand dollars in proceeds after she pays off
- 32:17Speaker 2: the mortgage if she does end up going into a
- 32:20Speaker 2: nursing home. Would this be an issue with medicaid if
- 32:23Speaker 2: she sells it to me at a discount, even if
- 32:25Speaker 2: it is in exchange for living rent free, So trying
- 32:29Speaker 2: to ease up some of the cash flow problems mom's having.
- 32:32Speaker 3: Yeah, So there's a couple of complications with this case
- 32:35Speaker 3: for sure. One, I don't know if this is the
- 32:37Speaker 3: only child. I'm right off the bat, I'm thinking the
- 32:39Speaker 3: other kids are going to be upset because, you know,
- 32:41Speaker 3: Bob gets the house at a sweet deal and could
- 32:44Speaker 3: flip it and sell it for way more, and these
- 32:47Speaker 3: other kids don't get anything. So that would be the
- 32:50Speaker 3: first concern I would bring up to the family. Are
- 32:53Speaker 3: we all okay with this inequality or perceived inequality? Can
- 33:02Speaker 3: you sell it at a discount? Yes? If you sell
- 33:06Speaker 3: it at a discount, Mom will be treated as making
- 33:09Speaker 3: a part sale, part gift for tax purposes. So let's
- 33:15Speaker 3: I got to think not only about nursing homes, which
- 33:18Speaker 3: I know what the question is about, but I can't
- 33:21Speaker 3: ignore income taxes and gift taxes because that's an issue.
- 33:27Speaker 3: And so in this case, if mom sells it at
- 33:29Speaker 3: a discount, depending on what the gain is, she'll get
- 33:33Speaker 3: her two hundred and fifty thousand dollars exclusion. But you know,
- 33:39Speaker 3: the piece that is a gift will be treated as
- 33:42Speaker 3: a gift and it'll be a gift tax, but there
- 33:44Speaker 3: won't be any because she has you know, a thirteen
- 33:46Speaker 3: million actually it's January one fifteen million dollars exemption for
- 33:53Speaker 3: gift taxes and for federal estate taxes. So so there
- 33:59Speaker 3: won't PERI in a gift tax, but it'll be a
- 34:01Speaker 3: part seal park gift from a nursing home perspective, yes,
- 34:06Speaker 3: I believe that it will create a five year waiting
- 34:10Speaker 3: period for the gift portion.
- 34:13Speaker 2: The discounted part. So if she discounts it by like
- 34:16Speaker 2: one hundred grand, then it's.
- 34:17Speaker 3: A five year waiting period. I mean, they might calculate
- 34:20Speaker 3: it if she gets sick and figure out how to
- 34:22Speaker 3: calculate the disqualification period versus the five year look back period.
- 34:27Speaker 3: You know, that's a that's a calculation that you have
- 34:30Speaker 3: to do. But at least initially when they do this,
- 34:33Speaker 3: it will it will start that five year waiting period
- 34:36Speaker 3: running for the portion that was deemed a gift. Okay,
- 34:40Speaker 3: so you're going to have that problem. You know. Of course,
- 34:43Speaker 3: you got you one hundred thousand dollars. The bigger problem
- 34:45Speaker 3: I have too, is I would tell her never to
- 34:47Speaker 3: sell the entire house. I mean, she's not in the
- 34:52Speaker 3: nursing home yet, right, yeah, I mean I want her
- 34:55Speaker 3: to keep a life estate. I want her to at
- 34:57Speaker 3: least keep the right to live there. It's great that
- 35:01Speaker 3: the kids want to do stuff, but I'm all about
- 35:03Speaker 3: the client protecting mom. Yeah, I'm like, this is great,
- 35:07Speaker 3: you know, Bob, that you want to do this, but
- 35:11Speaker 3: you know Mom should maybe sell you only the remainder
- 35:14Speaker 3: interest and Mom should keep a life estate.
- 35:18Speaker 2: And that could maybe justify the discount.
- 35:20Speaker 3: Right yeah, Yeah, then you're going to be buying it
- 35:23Speaker 3: for less because it's a smaller piece that you're buying.
- 35:26Speaker 3: Mom will and you'll get a step up in basis
- 35:29Speaker 3: when you die or when Mom dies, it will still
- 35:32Speaker 3: all end up going to you. Because a death the
- 35:34Speaker 3: life estate ends, it avoids probate. And since it's her home,
- 35:39Speaker 3: if she goes into the nursing home, it's protected because
- 35:43Speaker 3: it's your primary residence. You can just check a box
- 35:45Speaker 3: that it's non countable and then it evaporates when she dies,
- 35:49Speaker 3: and there's no five year waiting period because you sold
- 35:53Speaker 3: the remainder interest to mom and there's no gift. Of course,
- 35:57Speaker 3: you're going to have to deal with the money she
- 36:00Speaker 3: goes in. Yeah, if Mom has this money in her
- 36:03Speaker 3: hands when when she goes to the nursing home, they'll
- 36:06Speaker 3: have to deal with that. But they will also do
- 36:10Speaker 3: it by talking about an annuity. And she could buy
- 36:14Speaker 3: an annuity for the money and get on and.
- 36:16Speaker 2: Bob can't kick her out.
- 36:17Speaker 3: Yeah, that's exactly what I would do. Folks, long term
- 36:21Speaker 3: care planning for the procrastinators, these are things to think
- 36:24Speaker 3: about last minute, especially here for Mom. She could buy
- 36:30Speaker 3: an annuity. Learn how annuities work for single people and
- 36:33Speaker 3: married couples eight six six eight four eight five six
- 36:37Speaker 3: nine nine or Legal Exchange show dot com.
- 36:41Speaker 2: If you have a question you would like to ask Todd,
- 36:43Speaker 2: visit his website Legal Exchange show dot com and click
- 36:46Speaker 2: on the as Tod tab. Maybe I'd be able to
- 36:49Speaker 2: read your question in the air and hopefully his answer
- 36:52Speaker 2: will stop you from becoming one of his next real
- 36:54Speaker 2: life stories. You've been listening to Todd Lutsky, a partner
- 36:58Speaker 2: with the law firm of Pushing Into I'm Susan Powers
- 37:01Speaker 2: of financial advice with the Armstrong Advisory Group. We've got
- 37:05Speaker 2: more to come after this quick break on the Legal
- 37:08Speaker 2: Exchange with Todd Ledskey.
- 37:11Speaker 1: From the other law attorneys at Cushing and Dolan, here's
- 37:13Speaker 1: something you need to hear. Most people think long term
- 37:16Speaker 1: care planning is something they'll get to someday, until suddenly
- 37:19Speaker 1: someday is today. When a spouse or parent needs nursing
- 37:22Speaker 1: home care and no planning was done, the costs can
- 37:25Speaker 1: be overwhelming. Cushing and Dolan our elder law and estate
- 37:28Speaker 1: planning attorneys who help New England families protect their homes,
- 37:30Speaker 1: savings and retirement even when a health crisis comes out
- 37:33Speaker 1: of nowhere. They've just released a new guide called long
- 37:36Speaker 1: Term Care Planning for Procrastinators. It explains what options may
- 37:39Speaker 1: still be available and what steps you should take before
- 37:42Speaker 1: writing that first check to a nursing home. If you've
- 37:44Speaker 1: been putting this off, or a loved one needs care
- 37:46Speaker 1: right now, time matters. Call Cushing and Dolan today at
- 37:49Speaker 1: eight six six eight four eight five six ninet nine
- 37:51Speaker 1: to get your free guide. That's eight six six eight
- 37:54Speaker 1: four eight five six nine nine, or you can request
- 37:56Speaker 1: it online by visiting Legal Exchange show dot com. That's
- 37:59Speaker 1: Legal extanmeo dot com. The proceeding was paid for in
- 38:02Speaker 1: The music expressed are solely those of Cushing and Dolan.
- 38:04Speaker 1: Pushing and dolin In or Armstrong Advisory may contact you're
- 38:06Speaker 1: offering legal investment services. Cushing in doolan In Armstrong Advisory
- 38:09Speaker 1: do not endorse each other and are not affiliated. If
- 38:11Speaker 1: you've been dreaming about a getaway that feels far away
- 38:14Speaker 1: but easy to get to, it's time to think about
- 38:16Speaker 1: the US Virgin Islands America's Caribbean. This is a place
- 38:19Speaker 1: where you can fall naturally in rhythm with the heartbeat
- 38:22Speaker 1: of the islands, enjoy crystal clear water and powder soft beaches,
- 38:25Speaker 1: world class dining, sailing and unforgettable sunsets. And here's the
- 38:29Speaker 1: best part. Travel from New England is easy. The US
- 38:33Speaker 1: Virgin Islands are part of the United States, which means
- 38:35Speaker 1: no passport required and no money to exchange. Just pack
- 38:38Speaker 1: your bags and go. Spend your day snorkeling, sailing, hiking,
- 38:42Speaker 1: or simply relaxing by the water, and your evenings enjoying
- 38:45Speaker 1: local cuisine, live music, and warm island breezes. Explore Saint Thomas,
- 38:49Speaker 1: Saint John and Saint Croix, three distinct islands, each with
- 38:53Speaker 1: its own vibe, its own flavor, and its own way
- 38:55Speaker 1: of helping you unplug and reset. Start planning your Caribbean
- 38:58Speaker 1: escape today and visit UA v dot com. Discover why
- 39:02Speaker 1: the US Virgin Islands are America's Caribbean Paradise. For more
- 39:05Speaker 1: information and to book your trip, head to visit USVII
- 39:08Speaker 1: dot com. That's visit USVII dot com.
- 39:11Speaker 4: Social Security and Medicare are oftentimes lumped together, but may
- 39:14Speaker 4: be handled separately, and depending on your strategy, they could
- 39:17Speaker 4: shape your entire retirement plan.
- 39:19Speaker 1: Hi.
- 39:19Speaker 4: This is Mike Armstrong from the Armstrong Advisory Group. Choosing
- 39:22Speaker 4: when to start social security has many effects, including determining
- 39:26Speaker 4: the amount of guaranteed income you receive each month. Medicare
- 39:29Speaker 4: decisions go beyond coverage as they can impact premiums, out
- 39:31Speaker 4: of pocket costs, and access to providers throughout retirement. Our
- 39:34Speaker 4: new guide is called How to Apply for Social Security
- 39:37Speaker 4: and Medicare. It will help you learn how these decisions
- 39:40Speaker 4: may fit together and how to take the right steps
- 39:42Speaker 4: at the right time to build a secure retirement plan.
- 39:45Speaker 4: Call us at eight hundred three nine three for zero
- 39:48Speaker 4: zero one to get your copy of How to Apply
- 39:50Speaker 4: for Social Security and Medicare. That's eight hundred three nine
- 39:53Speaker 4: three for zero zero one, or you can request it
- 39:56Speaker 4: online from our website Armstrong Advisory dot com.
- 39:58Speaker 1: The proceeding was paid for by I'm Strong Advisory Group,
- 40:00Speaker 1: a registered investment advisor. Nothing in the ad or in
- 40:02Speaker 1: any Armstrong guide to specific financial, legal or tax advice.
- 40:05Speaker 1: Cansult your own financial tax into state planning advisors before
- 40:07Speaker 1: making any investment decisions. Armstrong make contact you to offer
- 40:10Speaker 1: investment advisory services.
- 40:11Speaker 5: This is Michael Valila, adjudent of the Disabled American Veterans
- 40:15Speaker 5: Department of Massachusetts. The dav of Massachusetts has helped me
- 40:18Speaker 5: and countless others adjust to civilian life through a variety
- 40:22Speaker 5: of incredible programs. Through our local Veterans Assistance Program, we
- 40:26Speaker 5: provide necessary services to veterans in their communities such as
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- 40:42Speaker 1: Your tune to the Legal Exchange with Todd Lutsky. If
- 40:45Speaker 1: you are a loved one needs a nursing homestay, call
- 40:47Speaker 1: Todd right now at eight sixty six eight four eight
- 40:50Speaker 1: five six nine nine and let him make sure your
- 40:52Speaker 1: assets are protected. That's eight six six eight for eight
- 40:55Speaker 1: five six nine nine, or visit him online at Legal
- 40:58Speaker 1: Exchange show dot com.
- 41:01Speaker 2: Welcome back into the Legal Exchange with Todd Lutsky. I'm
- 41:04Speaker 2: Susan Powis, a financial advisor with the Armstrong Advisory Group,
- 41:07Speaker 2: and I'm joined, of course by Todd Lutsky, a partner
- 41:10Speaker 2: with a law firm of Cushing and Dolan with a
- 41:13Speaker 2: master's in taxation. So, Tob we're talking about long term
- 41:17Speaker 2: care planning for procrastinators. People have put things off, they're
- 41:22Speaker 2: planning off, and now they find themselves with either themselves
- 41:27Speaker 2: going into a nursing home or their spice spouse, your mom,
- 41:30Speaker 2: your dad, someone's going into the nursing home. So when
- 41:34Speaker 2: we talk about protecting these assets last minute, can we
- 41:37Speaker 2: just review what type of assets are actually at risk?
- 41:41Speaker 2: And I know it's a little different for married couples
- 41:43Speaker 2: versus single individuals, so maybe we can break it down
- 41:47Speaker 2: for both of them. So let's start with the home
- 41:50Speaker 2: typically biggest assets for most people, so they risk for
- 41:54Speaker 2: a married couple.
- 41:55Speaker 3: Okay, So do married first and then single? Okay, fine, Yeah,
- 41:59Speaker 3: I think they'll home is the biggest asset, and it's
- 42:03Speaker 3: also I don't want to call it the most special
- 42:05Speaker 3: asset in terms of treatment for Medicaid, but it is.
- 42:09Speaker 3: It's a really special asset. And so the house, if
- 42:14Speaker 3: you're married and you're going to a nursing home, even
- 42:18Speaker 3: if it's own jointly, is deemed non countable provided the
- 42:27Speaker 3: community spouse.
- 42:29Speaker 2: The healthy spouse is living there, okay.
- 42:32Speaker 3: And it's located in Massachusetts, yeah, a little extra glitch,
- 42:38Speaker 3: and the adjacent land near it, so if they had
- 42:42Speaker 3: an adjacent lot, it would also be non countable and
- 42:46Speaker 3: non leanable okay, which means the state cannot place a
- 42:49Speaker 3: lean on it. And the value of the home doesn't matter.
- 42:55Speaker 3: Could be ten million dollar home does matter.
- 42:58Speaker 2: So never at risk for the healthy spouse.
- 43:00Speaker 3: For the healthy spouse, Now, don't leave it that way.
- 43:03Speaker 3: If you're gonna get sick and go to the nursing home,
- 43:05Speaker 3: yes you'll be able to wipe your brow and have
- 43:08Speaker 3: the community spouse stay in that house, but please transfer
- 43:12Speaker 3: it to her.
- 43:13Speaker 2: So it's just a temporary bullet dodging.
- 43:16Speaker 3: Yeah, yeah, get it over there, and then of course
- 43:18Speaker 3: think about planning later, but get it out of the
- 43:21Speaker 3: six spouses name in case the healthy spouse dies first.
- 43:25Speaker 2: Okay, because if someone's in the nursing home or your
- 43:30Speaker 2: spouse passes away, then you are treated as a single person.
- 43:34Speaker 2: And how do they treat a single person's home, that's.
- 43:37Speaker 3: Right, very different. So let's just take the idea that
- 43:40Speaker 3: this person is single right from the getting and you're
- 43:42Speaker 3: applying for medicaid. Well, now there's some rules attached to
- 43:48Speaker 3: whether or not the home is countable or not. It
- 43:54Speaker 3: will start off as countable unless and there's a checklist
- 44:01Speaker 3: of things, unless there is a spouse living there. Okay,
- 44:06Speaker 3: well they're not, they're they're single. But this is just
- 44:08Speaker 3: the list you have to run through. You know, is
- 44:11Speaker 3: there a blind or disabled child living there? Right? No.
- 44:16Speaker 3: So you know, you go through this list and then
- 44:19Speaker 3: you get to the point where there's one of them
- 44:21Speaker 3: that says, you know, check a box do you intend
- 44:26Speaker 3: to return home? If you intend to return home and
- 44:30Speaker 3: you check that box, then the house would become non
- 44:35Speaker 3: countable because you intended to return home. And that checking
- 44:40Speaker 3: the box seems silly, but it is subjective. It's not
- 44:45Speaker 3: based on medical.
- 44:46Speaker 2: So it's intentions. It's not likely, doesn't have to be
- 44:51Speaker 2: likely that they could return home from a physical perspective.
- 44:54Speaker 3: No, nope, nope. But once you do that, there's a couple
- 44:58Speaker 3: of other things on the checklist. But that's really the key.
- 45:00Speaker 3: I wanted to jump to the I'm single, I don't
- 45:02Speaker 3: have anybody special living there, I don't have a spouse,
- 45:04Speaker 3: I'm disabled, kids don't I don't have to meet any
- 45:06Speaker 3: of these other requirements. I check this box. Now it's
- 45:10Speaker 3: non countable provided provided it's worth less than it's a
- 45:16Speaker 3: little over a million dollars. They put a value on it. Yeah,
- 45:19Speaker 3: and by the way, under the obb A BBBA Act,
- 45:24Speaker 3: that's going to come down to a solid million in mass.
- 45:27Speaker 3: I think it's effective next year. Okay, and double check that.
- 45:30Speaker 3: But that's going to be a solid million. So if
- 45:32Speaker 3: it's under that value, then it's non countable but leanable.
- 45:39Speaker 2: So here in the Northeast, very likely it could be over.
- 45:43Speaker 3: Could be over a million dollar mark, could be over that. Yeah,
- 45:46Speaker 3: right now it's a little higher than it's like a
- 45:47Speaker 3: million one or something.
- 45:48Speaker 2: So let's say it's you know, let's say it's a
- 45:50Speaker 2: million and a half dollar home, then what what happened
- 45:53Speaker 2: to a single person accountable?
- 45:54Speaker 3: Hardstop? You're not going on medicaid. It's a big deal.
- 45:58Speaker 3: Do your planning. Yeah, so you know, we got to
- 46:00Speaker 3: figure out what to do then, So folks, that's part
- 46:04Speaker 3: of the reason we do planning, so we're not faced
- 46:07Speaker 3: with these last minute planning techniques. But as you saw,
- 46:10Speaker 3: this guide, long term care Planning for the procrastinators explains
- 46:14Speaker 3: the home, explains the rules for a married couple and
- 46:18Speaker 3: a single person. Really gets into that in terms of
- 46:21Speaker 3: how to protect it and just sticking with the real
- 46:23Speaker 3: estate world. It also tells you how to deal with
- 46:25Speaker 3: a vacation home and a rental property very different but
- 46:30Speaker 3: can be converted to non countable. Just learn how to
- 46:33Speaker 3: do it. Don't write to check folks, call and get
- 46:36Speaker 3: the guide. There's a lot of information in here regarding
- 46:39Speaker 3: money and real estate in terms of what to do
- 46:41Speaker 3: last minute eight six six eight four eight five six
- 46:46Speaker 3: nine to nine or Legal Exchange Show dot com Call
- 46:50Speaker 3: and get it eight six six eight four eight five
- 46:53Speaker 3: six nine nine or Legal Exchange Show dot Com. It's
- 46:57Speaker 3: brand new for the month.
- 46:59Speaker 2: So it's the primary residence. What about your you know,
- 47:03Speaker 2: your banks or your investment accounts? How is that treated?
- 47:06Speaker 3: So a little different? Right, So it's funny we're going
- 47:10Speaker 3: to talk about married and single people, but we also
- 47:13Speaker 3: need to talk about banks versus investment accounts. Okay, even
- 47:17Speaker 3: those are treated differently. Okay, this is so important. So
- 47:21Speaker 3: a bank account, well, if you're married and it's joint
- 47:27Speaker 3: doesn't matter. One hundred percent at risk. Okay, if you're
- 47:32Speaker 3: single and you have a bank account and let's say
- 47:36Speaker 3: you put your daughter's name on it jointly with you,
- 47:41Speaker 3: So now you've got this joint bank account, one hundred
- 47:45Speaker 3: percent at risk unless the joint non applicant owner demonstrate
- 47:55Speaker 3: that they put half the money in.
- 47:56Speaker 2: Which you know they can't it. They're on for convenience,
- 47:59Speaker 2: they're on for convenience.
- 48:00Speaker 3: So problem. So that's how it works with bank accounts.
- 48:06Speaker 3: Let's skip over to brokerage accounts. The schwabs the fidelities
- 48:12Speaker 3: of whatever they are. Yep, a brokerage account is considered
- 48:19Speaker 3: if you are married and you own it jointly, one
- 48:23Speaker 3: hundred percent at risk. So just to recap banks and
- 48:27Speaker 3: brokerage accounts when you're married, everything dumped on the table
- 48:32Speaker 3: into a big bucket, okay, accountable. Interestingly enough, if you're
- 48:38Speaker 3: single and you happen to have a brokerage account with
- 48:42Speaker 3: an individual's name on it, like a daughter, stick with
- 48:45Speaker 3: that against it's not your spouse. There's a regulation that
- 48:49Speaker 3: says that asset is deemed to be owned proportionately with
- 48:56Speaker 3: the joint owner, so fifty to fifty, without proving unless
- 49:00Speaker 3: demonstrated differently. It's just that's the deemed That's what the
- 49:04Speaker 3: regulation says. It's deemed to be that way.
- 49:07Speaker 2: Timeframe of how long that money has to be in there.
- 49:10Speaker 2: You know, I love a loophole.
- 49:11Speaker 3: Yeah, and so we've pushed these envelopes right because you
- 49:15Speaker 3: can't really tell. It doesn't seem to put a timeframe
- 49:17Speaker 3: on it, right, at least not on that regulation. Yeah,
- 49:22Speaker 3: but I believe if you are going into a nursing
- 49:25Speaker 3: home and you take, you know, a five hundred thousand
- 49:28Speaker 3: dollars bank account and throw it into a joint brokerage
- 49:33Speaker 3: account or put multiple names on it to even reduce
- 49:37Speaker 3: it more, and then immediately apply for medicaid. I think
- 49:41Speaker 3: you'll run a foul of what we call the disqualifying
- 49:43Speaker 3: transfer section, where there it says any asset transferred in
- 49:50Speaker 3: which you take an asset and make it not available
- 49:54Speaker 3: when it was available before and don't get fair market
- 49:57Speaker 3: value in exchange is a disqualified transfer.
- 50:00Speaker 2: And that's a five year thing.
- 50:02Speaker 3: Five year thing. Yeah, So it would seemed to me
- 50:03Speaker 3: that if you set that up and now all of
- 50:05Speaker 3: a sudden made half of it not countable, that would
- 50:07Speaker 3: be a problem. But you never know if it's been
- 50:09Speaker 3: set up for five three years. Give it a try. Yeah, folks,
- 50:13Speaker 3: this is what the guide's about, right, You've got to
- 50:16Speaker 3: understand how these different assets work and how these different
- 50:20Speaker 3: assets can be protected last minute, whether it's money through
- 50:25Speaker 3: pooled trust's annuities or real estate. Different kinds of real
- 50:30Speaker 3: estate are treated differently. Call and get the guide eight
- 50:33Speaker 3: six six eight four eight five six nine nine or
- 50:37Speaker 3: Legal Exchange Show dot com Long term Care Planning for
- 50:41Speaker 3: the Procrastinator, brand new for the month.
- 50:44Speaker 2: Todd Lutsky from the law firm of Pushing in Dolan,
- 50:46Speaker 2: thank you so much.
- 50:48Speaker 3: Thank you, Susan. Always a pleasure.
- 50:49Speaker 2: I'm Susan Powers, a financial advisor with the Armstrong Advisory Group.
- 50:53Speaker 2: We thank you for joining us and we'll be back
- 50:55Speaker 2: again next week on the Legal Exchange with Todd Lutski.
- 51:00Speaker 1: From the other law attorneys at Cushing and Dolan. Here's
- 51:02Speaker 1: something you need to hear. Most people think long term
- 51:05Speaker 1: care planning is something they'll get to someday, until suddenly
- 51:08Speaker 1: someday is today. When a spouse or parent needs nursing
- 51:11Speaker 1: home care and no planning was done, the costs can
- 51:14Speaker 1: be overwhelming. Cushing and Dolan are elder law and estate
- 51:16Speaker 1: planning attorneys who help New England families protect their homes,
- 51:19Speaker 1: savings and retirement even when a health crisis comes out
- 51:22Speaker 1: of nowhere. They've just released a new guide called Long
- 51:25Speaker 1: Term Care Planning for Procrastinators. It explains what options may
- 51:28Speaker 1: still be available and what steps you should take before
- 51:30Speaker 1: writing that first check to a nursing home. If you've
- 51:32Speaker 1: been putting this off or a loved one needs care
- 51:34Speaker 1: right now, time matters. Call Cushing and Dolan today at
- 51:38Speaker 1: eight six six eight four eight five six ninet nine
- 51:40Speaker 1: to get your free guide. That's eight six six eight
- 51:43Speaker 1: four eight five six nine nine, or you can request
- 51:45Speaker 1: it online by visiting Legal Exchange Show dot com. That's
- 51:48Speaker 1: Legal exchange show dot com. The proceeding was paid for
- 51:51Speaker 1: in The music expressed are solely those of Cushing and Dolan.
- 51:53Speaker 1: Pushing and Dolin in or Armstrong advisorymay contact through offering
- 51:55Speaker 1: legal or investment services. Cushing and Dolan in Armstrong Advisory
- 51:58Speaker 1: do not endorse each other and are not affiliated hy.
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- 52:45Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
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