December 4, 2024 • 15 mins
This week, Todd Lutsky details the current estate tax exemptions and where those exemptions are heading in 2025. Todd also takes questions from listeners about their personal estate planning needs.
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:01):
This is Ask Todd on the Financial Exchange Radio network.
If you have an existing estate plan or in the
market for one, Todd Letsky is here to answer your
questions and help you plan for a later life. Ask
Todd is presented by Cushing and Dolan, serving Massachusetts and
New England for more than thirty five years, helping families
with a state and tax planning, medicaid planning, and probate law.
(00:22):
Visit Cushingdolan dot com. Now here's Todd Lutsky.
Speaker 2 (00:26):
And we do have Todd Lotsky from Cushing and Dolan
with us right now for Ask Todd. As always, it's
your chance to ask Todd your estate planning questions. I'm
sure some of them came up over the Thanksgiving dinner table.
So the studio lines are open at eight eight eight
to zero five two two six three. We do have
(00:48):
limited space on those phone lines, so do make sure
that you call early to make sure that you can
get your question answered by Todd. That number again is
eight eight eight two zero five two, and we've got
those lines open one more time at eight eight eight
two zero five two two sixty three. Mister Lutsky, how
(01:08):
are you today?
Speaker 3 (01:10):
I am great, and you uh doing well?
Speaker 2 (01:13):
But did you happen to see that Rudolph the Red
Nose Reindeer just got his latest grades for the semester grades? Yeah, no,
went down in history, that's true, he does. Yeah, Yeah,
wasn't good. Let's talk a little bit about the estate
tax todd in terms of the federal estate tax thresholds
(01:37):
right now, where do they currently stand and how many
families are typically impacted by the federal estate tax in
a given year.
Speaker 3 (01:45):
So it's a great question for now because there was
an election that is going to impact the answer to
that question, we believe. So currently the estate tax exemption
is thirteen point six million federally, So this is for
everybody listening right federally, doesn't matter what state you're in.
But we're gonna have to address that separately. So thirteen
(02:08):
point six million. That means if you die and you
leave assets more than thirteen point six million to someone
other than a spouse, then you have a tax problem.
Now to a spouse, Remember, folks, it's unlimited, which is
the trap for the unwary. Right. Those are the people
who say, oh, I just leave everything to my spouse
and that's great, except it would cause the spouse to
(02:33):
be poised to maybe pay more taxes when the spouse dies. Uh,
because you didn't shelter any on the first death and
wasted this thirteen point six million. Now you said where
they headed. Well, next year twenty twenty five, right around
the corner, it's gonna be thirteen point nine million. Call
(02:53):
it thirteen nine ten called thirteen point nine million each
per person? Oh good, heading in the right direction. Even more,
we can leave without paying a federal death tax. Now,
the concern in the election, I think that needs to
be factored into our decisions now going forward is you know,
we're not entirely sure like we were before that that exemption.
(03:17):
Come twenty twenty six, January one, sure is going to
drop down to five million, four ninety huge drop right
index for inflation, which we peg at about seven million,
that's still out there. That means that is going to
happen unless the government can act to stop it from happening. Okay,
(03:45):
that's still a big if. I mean, it did seem
more like a mandate before, because you know, I thought
that's what it was. But it looks like the majority
in the House is going to be you know, Razor
thin sure, and we're looking at like one vote, so
is it going to happen? And we don't know. I
think we have to keep an eye on it, but
you have to know that unless they actually get together
and act, and the government over the past eight years
(04:07):
has not been good at acting, so I'm not sure
it will or will not happen. But I think with
the election you have a better shot at that not
coming down to seven than you did before, So keep
that in mind. However, as a separate matter, some of
you listeners, not all, have to be more concerned with
(04:27):
the state estate tax. Right. We have it in Maine,
we have it in Connecticut, we have it in New York,
we have it in Massachusetts. We don't have it in
New Hampshire, so flock. There no estate tax at the
state level, but otherwise the state estate tax exemptions are low,
and here in Massachusetts it's only two million dollars per person,
(04:48):
and there could be in a state tax. So I
think you need to know that those are kind of
like they're not going anywhere anytime soon. There's nothing on
the horizon for this state levels, at least here or
around New England, so bear that in mind depending on
where you live.
Speaker 2 (05:02):
Talking with Todd Lutsky from the law firm of Cushing
and Dolan. If you've got a question to ask Todd,
this is your chance to do so live on air
right now. Studio lines still have some room on them
at eight eight eight to zero five two two six three.
That number is eight eight eight to zero five two
two six three. Remember it's first come, first serve. We're
(05:22):
gonna take a quick break here, but when we come back,
it's right to your questions with Todd. Eight eight eight
to zero five two two sixty three.
Speaker 1 (05:33):
Ask Todd with Todd Lutsky every Wednesday at ten thirty
only here on the Financial Exchange Radio Network. Todd Letsky
answers your questions about a state and elder life planning
every Wednesday at ten thirty right here on the Financial
Exchange Radio Network.
Speaker 3 (05:58):
Again, we've got Todd Lotsky here.
Speaker 2 (05:59):
If you've got a question for him, you can call
the studio at eight eight eight two zero five two
two six three. Todd, we got one for you here.
Hector and Taunton. You are on with Todd Letsky. What's
your question for him?
Speaker 4 (06:12):
Yeah, my mom has a three family and she's in
the nursing home. She's been there for five years, six years,
and we did the she's on mass health.
Speaker 3 (06:25):
Okay, we did.
Speaker 4 (06:26):
We did the mass health application this year, and they're
saying that we can't that we she can't deduct the
property taxes, the insurance and the water bill uh from
her portion of the mass health payment. So my question
(06:47):
is who's I mean, who's responsible to make those payments? Well,
on her on her house?
Speaker 3 (06:53):
Yeah, I think first and foremost is the house still
in her name?
Speaker 4 (06:59):
Well? Yeah, life estate. Yeah, the house, she's got the
house and the life of state, and then my brother
and I and have it and remained her after she passed.
Speaker 3 (07:08):
Oh so it's in a life estate arrangement. So what
that means for everybody is that she transferred this three
family home of which she lived in one and so
she reserved the right to live there. When you reserve
this little life estate nugget, it's a nugget of ownership
that gives you not only the right to live there,
(07:28):
but also the right to pay all the bills and
the right to collect all the income. Okay, so I
assume as part of her patient pay amount, right, they're
saying to you, you're on medicaid because the house is
now non countable, one because it's your primary residence, and
(07:50):
two maybe because you're renting it. But the rent belongs
to her, and so that goes to the nursing home
as her part of her patient pay amount. Now, the
rule is that the net rent goes to her for
her patient pay amount. She is entitled to use the
(08:10):
rent to pay these bills on the house, at least
as it relates to the rental portion. Okay, at least
as it rent relates to the rental portion of the house,
which would be two thirds of the house. So you
should be able to argue that two thirds of those bills,
at a bare minimum, are paid to offset the rent.
(08:31):
And then whatever the net rent is goes to the
nursing home as part of the patient pay amount, the
arguably the portion that and she still is the owner,
but arguably the portion that is her primary residence. They'll say, look, kids,
you know technically the house is non countable, but you
know you don't you don't have you're on medicaid, you
(08:52):
don't really have a lot of spare money, so you
kids may need to pay for the you know maintenance
upkeep taxes bills for one third, but I think you
could easily argue that two thirds offsets the rent and
you have a lower net rent argument. But you're going
to have to go to them and you're gonna have
to explain this to them. And that's the stuff that
you know that usually elder law lawyers help with when
(09:15):
you're going through the Medicaid application process. But I get this.
This is your renewal every year. So I'm surprised after
six years that they're suddenly bringing this up. Why would
it be any different than the last five years. I
don't know, But I hope that helps a little folks
this obviously, that's just one of the problems that exist
(09:37):
out there when you're when you're doing planning. In this case,
this was just life estate planning. The new guide for
the month that I want to have you pay attention
to is a tale of two objectives, reducing estate taxes
and like Hector situation, protecting these assets from the nursing home.
So some folks want to just learn about Hey, I
(09:59):
don't care about the nurse homes. But this guide explains
the revocable trust, It explains the maritals, share, the remainder share,
and how they work to shelter taxes on the first
death from both federal and a state perspective, and it
explains the operation of the trust. So if you want
to just learn how to reduce your taxes and avoid probate,
(10:19):
the guides for you. If you want to add nursing
home protection to that equation, well this guide's for you too,
because there's a separate section that runs an example and
it calculates the tax for you. You could put your own
numbers in, and it shows you how to shelter assets
from estate taxes with a marital share and a remainder
(10:39):
share that are a little different than the revocable trust,
so it reduces the estate tax and at the same
time provides protection from the nursing home going forward. So
either way, folks, this guide might be for you. It's
new for the month eight six six eight four eight
five six nine nine or Legal exc Changshow dot com
(11:01):
again eight six six eight four eight five six nine
nine or Legal Exchange Show dot Com.
Speaker 2 (11:07):
Todd, I've got another one for you here. Let's go
to Catherine in Boston. Catherine, what is your question for Todd?
Speaker 5 (11:14):
Yes, I have a had a sister that passed away,
and she had a realty trust and her and theyre
vocable realty trust. I am the beneficiary on all of
her retirement accounts and my question is can I put
(11:39):
off doing the r m D on those accounts until
next year because I I somebody said that the new
Secure Act allows allows you to delay taking the r.
Speaker 3 (11:53):
M D, So that is a The Secure Act is
a complicated animal, like anything dealing with designated dealing with iras.
I can tell you what I do know about it
is that you know you are allowed. You're actually as
a sibling, you're one of the exceptions they call them.
(12:16):
You know, you're you're a a a special designated beneficiary,
not just a regular designated beneficiary for for lack of
a better term, meaning you're one of the few people
who are if you're within ten years of age of
the participant, you're allowed to actually take out the asset
(12:38):
over your life expectancy. And that's a benefit because if
it was a regular designated beneficiary, right, a plain old
designated beneficiary, then you have to like a child, let's say,
then you would have to take it out over ten years,
which could cause it to come out faster than it
(13:00):
otherwise would. So for you, you get to take it
out over your life expectancy. Now, how old are you?
Speaker 5 (13:07):
I'm the same age.
Speaker 3 (13:08):
Which I don't know how old that is, seventy seven. Yeah,
so you get to take it out over a seventy
seven year old life expectancy because again you're a special
designated beneficiary. Now the question is do you have to
take it out this year or next year? I think
you have to look and see did she already make
(13:30):
her required minimum distribution this year? I mean if she did,
then there was a distribution this year and you must
start taking Remember next year is only thirty days away,
so next year is right around the corner. So you
just need to find out for sure. And I don't
know that I have that answer whether you have to
take one this year or take it next year. For sure,
(13:54):
you have to take it next year, Okay, I just
don't know if you need to take it this year
or not without actually going and reading that that's secure act.
But you know, if you've got a financial advisor, they
might know that, your your accountant might know. Just trying
to give you some folks to to check with on that.
My bigger question that you didn't ask was you're the
(14:16):
designated beneficiary on that realty trust. You said, I'm not
on the realty trust. You're not.
Speaker 5 (14:23):
I'm I'm on all of her.
Speaker 3 (14:27):
No, I'm asking about the realty trust. That not.
Speaker 5 (14:30):
Unfortunately she changed that as the last few weeks of
her life and she gave me her home.
Speaker 3 (14:39):
Oh, wasn't the home in the realty trust.
Speaker 5 (14:42):
The home is in the realty trust, but I had
not been in the realty trust to receive the home. Problem.
Speaker 3 (14:51):
Yeah, that's a big problem. So whoever's listed as the
designated beneficiary on that account is going to be on
that realty trust is really who's entitled to that home?
So yeah, check into that and see if you can
get that squared away. Lots going on in this case.
Great question, Catherine, Thank you, and I think we'll wrap
it up.
Speaker 2 (15:09):
Mister Lutsky, Thank you so much for your time today.
Speaker 3 (15:11):
Always a pleasure.
Speaker 1 (15:13):
This has been asked Odd on the Financial Exchange Radio network.
Ask Todd with Todd. Lutsky has been presented by Cushing
and Dolan, serving Massachusetts and New England for more than
thirty years, helping families with the state and tax planning,
Medicaid planning and Probate law Call eight hundred and three nine
three four thousand and one or visit Cushingdolan dot com.
The views expressed in this segment are solely those of
(15:34):
Cushing and Dolan Armstrong advisor. He does not provide any
legal or tax advice. Please consult with your legal or
tax advisor on such matters. Cushing and Armstrong do not
endorse each other and are not affiliated
This is Ask Todd on the Financial Exchange Radio network.
If you have an existing estate plan or in the
market for one, Todd Letsky is here to answer your
questions and help you plan for a later life. Ask
Todd is presented by Cushing and Dolan, serving Massachusetts and
New England for more than thirty five years, helping families
with a state and tax planning, medicaid planning, and probate law.
(00:22):
Visit Cushingdolan dot com. Now here's Todd Lutsky.
Speaker 2 (00:26):
And we do have Todd Lotsky from Cushing and Dolan
with us right now for Ask Todd. As always, it's
your chance to ask Todd your estate planning questions. I'm
sure some of them came up over the Thanksgiving dinner table.
So the studio lines are open at eight eight eight
to zero five two two six three. We do have
(00:48):
limited space on those phone lines, so do make sure
that you call early to make sure that you can
get your question answered by Todd. That number again is
eight eight eight two zero five two, and we've got
those lines open one more time at eight eight eight
two zero five two two sixty three. Mister Lutsky, how
(01:08):
are you today?
Speaker 3 (01:10):
I am great, and you uh doing well?
Speaker 2 (01:13):
But did you happen to see that Rudolph the Red
Nose Reindeer just got his latest grades for the semester grades? Yeah, no,
went down in history, that's true, he does. Yeah, Yeah,
wasn't good. Let's talk a little bit about the estate
tax todd in terms of the federal estate tax thresholds
(01:37):
right now, where do they currently stand and how many
families are typically impacted by the federal estate tax in
a given year.
Speaker 3 (01:45):
So it's a great question for now because there was
an election that is going to impact the answer to
that question, we believe. So currently the estate tax exemption
is thirteen point six million federally, So this is for
everybody listening right federally, doesn't matter what state you're in.
But we're gonna have to address that separately. So thirteen
(02:08):
point six million. That means if you die and you
leave assets more than thirteen point six million to someone
other than a spouse, then you have a tax problem.
Now to a spouse, Remember, folks, it's unlimited, which is
the trap for the unwary. Right. Those are the people
who say, oh, I just leave everything to my spouse
and that's great, except it would cause the spouse to
(02:33):
be poised to maybe pay more taxes when the spouse dies. Uh,
because you didn't shelter any on the first death and
wasted this thirteen point six million. Now you said where
they headed. Well, next year twenty twenty five, right around
the corner, it's gonna be thirteen point nine million. Call
(02:53):
it thirteen nine ten called thirteen point nine million each
per person? Oh good, heading in the right direction. Even more,
we can leave without paying a federal death tax. Now,
the concern in the election, I think that needs to
be factored into our decisions now going forward is you know,
we're not entirely sure like we were before that that exemption.
(03:17):
Come twenty twenty six, January one, sure is going to
drop down to five million, four ninety huge drop right
index for inflation, which we peg at about seven million,
that's still out there. That means that is going to
happen unless the government can act to stop it from happening. Okay,
(03:45):
that's still a big if. I mean, it did seem
more like a mandate before, because you know, I thought
that's what it was. But it looks like the majority
in the House is going to be you know, Razor
thin sure, and we're looking at like one vote, so
is it going to happen? And we don't know. I
think we have to keep an eye on it, but
you have to know that unless they actually get together
and act, and the government over the past eight years
(04:07):
has not been good at acting, so I'm not sure
it will or will not happen. But I think with
the election you have a better shot at that not
coming down to seven than you did before, So keep
that in mind. However, as a separate matter, some of
you listeners, not all, have to be more concerned with
(04:27):
the state estate tax. Right. We have it in Maine,
we have it in Connecticut, we have it in New York,
we have it in Massachusetts. We don't have it in
New Hampshire, so flock. There no estate tax at the
state level, but otherwise the state estate tax exemptions are low,
and here in Massachusetts it's only two million dollars per person,
(04:48):
and there could be in a state tax. So I
think you need to know that those are kind of
like they're not going anywhere anytime soon. There's nothing on
the horizon for this state levels, at least here or
around New England, so bear that in mind depending on
where you live.
Speaker 2 (05:02):
Talking with Todd Lutsky from the law firm of Cushing
and Dolan. If you've got a question to ask Todd,
this is your chance to do so live on air
right now. Studio lines still have some room on them
at eight eight eight to zero five two two six three.
That number is eight eight eight to zero five two
two six three. Remember it's first come, first serve. We're
(05:22):
gonna take a quick break here, but when we come back,
it's right to your questions with Todd. Eight eight eight
to zero five two two sixty three.
Speaker 1 (05:33):
Ask Todd with Todd Lutsky every Wednesday at ten thirty
only here on the Financial Exchange Radio Network. Todd Letsky
answers your questions about a state and elder life planning
every Wednesday at ten thirty right here on the Financial
Exchange Radio Network.
Speaker 3 (05:58):
Again, we've got Todd Lotsky here.
Speaker 2 (05:59):
If you've got a question for him, you can call
the studio at eight eight eight two zero five two
two six three. Todd, we got one for you here.
Hector and Taunton. You are on with Todd Letsky. What's
your question for him?
Speaker 4 (06:12):
Yeah, my mom has a three family and she's in
the nursing home. She's been there for five years, six years,
and we did the she's on mass health.
Speaker 3 (06:25):
Okay, we did.
Speaker 4 (06:26):
We did the mass health application this year, and they're
saying that we can't that we she can't deduct the
property taxes, the insurance and the water bill uh from
her portion of the mass health payment. So my question
(06:47):
is who's I mean, who's responsible to make those payments? Well,
on her on her house?
Speaker 3 (06:53):
Yeah, I think first and foremost is the house still
in her name?
Speaker 4 (06:59):
Well? Yeah, life estate. Yeah, the house, she's got the
house and the life of state, and then my brother
and I and have it and remained her after she passed.
Speaker 3 (07:08):
Oh so it's in a life estate arrangement. So what
that means for everybody is that she transferred this three
family home of which she lived in one and so
she reserved the right to live there. When you reserve
this little life estate nugget, it's a nugget of ownership
that gives you not only the right to live there,
(07:28):
but also the right to pay all the bills and
the right to collect all the income. Okay, so I
assume as part of her patient pay amount, right, they're
saying to you, you're on medicaid because the house is
now non countable, one because it's your primary residence, and
(07:50):
two maybe because you're renting it. But the rent belongs
to her, and so that goes to the nursing home
as her part of her patient pay amount. Now, the
rule is that the net rent goes to her for
her patient pay amount. She is entitled to use the
(08:10):
rent to pay these bills on the house, at least
as it relates to the rental portion. Okay, at least
as it rent relates to the rental portion of the house,
which would be two thirds of the house. So you
should be able to argue that two thirds of those bills,
at a bare minimum, are paid to offset the rent.
(08:31):
And then whatever the net rent is goes to the
nursing home as part of the patient pay amount, the
arguably the portion that and she still is the owner,
but arguably the portion that is her primary residence. They'll say, look, kids,
you know technically the house is non countable, but you
know you don't you don't have you're on medicaid, you
(08:52):
don't really have a lot of spare money, so you
kids may need to pay for the you know maintenance
upkeep taxes bills for one third, but I think you
could easily argue that two thirds offsets the rent and
you have a lower net rent argument. But you're going
to have to go to them and you're gonna have
to explain this to them. And that's the stuff that
you know that usually elder law lawyers help with when
(09:15):
you're going through the Medicaid application process. But I get this.
This is your renewal every year. So I'm surprised after
six years that they're suddenly bringing this up. Why would
it be any different than the last five years. I
don't know, But I hope that helps a little folks
this obviously, that's just one of the problems that exist
(09:37):
out there when you're when you're doing planning. In this case,
this was just life estate planning. The new guide for
the month that I want to have you pay attention
to is a tale of two objectives, reducing estate taxes
and like Hector situation, protecting these assets from the nursing home.
So some folks want to just learn about Hey, I
(09:59):
don't care about the nurse homes. But this guide explains
the revocable trust, It explains the maritals, share, the remainder share,
and how they work to shelter taxes on the first
death from both federal and a state perspective, and it
explains the operation of the trust. So if you want
to just learn how to reduce your taxes and avoid probate,
(10:19):
the guides for you. If you want to add nursing
home protection to that equation, well this guide's for you too,
because there's a separate section that runs an example and
it calculates the tax for you. You could put your own
numbers in, and it shows you how to shelter assets
from estate taxes with a marital share and a remainder
(10:39):
share that are a little different than the revocable trust,
so it reduces the estate tax and at the same
time provides protection from the nursing home going forward. So
either way, folks, this guide might be for you. It's
new for the month eight six six eight four eight
five six nine nine or Legal exc Changshow dot com
(11:01):
again eight six six eight four eight five six nine
nine or Legal Exchange Show dot Com.
Speaker 2 (11:07):
Todd, I've got another one for you here. Let's go
to Catherine in Boston. Catherine, what is your question for Todd?
Speaker 5 (11:14):
Yes, I have a had a sister that passed away,
and she had a realty trust and her and theyre
vocable realty trust. I am the beneficiary on all of
her retirement accounts and my question is can I put
(11:39):
off doing the r m D on those accounts until
next year because I I somebody said that the new
Secure Act allows allows you to delay taking the r.
Speaker 3 (11:53):
M D, So that is a The Secure Act is
a complicated animal, like anything dealing with designated dealing with iras.
I can tell you what I do know about it
is that you know you are allowed. You're actually as
a sibling, you're one of the exceptions they call them.
(12:16):
You know, you're you're a a a special designated beneficiary,
not just a regular designated beneficiary for for lack of
a better term, meaning you're one of the few people
who are if you're within ten years of age of
the participant, you're allowed to actually take out the asset
(12:38):
over your life expectancy. And that's a benefit because if
it was a regular designated beneficiary, right, a plain old
designated beneficiary, then you have to like a child, let's say,
then you would have to take it out over ten years,
which could cause it to come out faster than it
(13:00):
otherwise would. So for you, you get to take it
out over your life expectancy. Now, how old are you?
Speaker 5 (13:07):
I'm the same age.
Speaker 3 (13:08):
Which I don't know how old that is, seventy seven. Yeah,
so you get to take it out over a seventy
seven year old life expectancy because again you're a special
designated beneficiary. Now the question is do you have to
take it out this year or next year? I think
you have to look and see did she already make
(13:30):
her required minimum distribution this year? I mean if she did,
then there was a distribution this year and you must
start taking Remember next year is only thirty days away,
so next year is right around the corner. So you
just need to find out for sure. And I don't
know that I have that answer whether you have to
take one this year or take it next year. For sure,
(13:54):
you have to take it next year, Okay, I just
don't know if you need to take it this year
or not without actually going and reading that that's secure act.
But you know, if you've got a financial advisor, they
might know that, your your accountant might know. Just trying
to give you some folks to to check with on that.
My bigger question that you didn't ask was you're the
(14:16):
designated beneficiary on that realty trust. You said, I'm not
on the realty trust. You're not.
Speaker 5 (14:23):
I'm I'm on all of her.
Speaker 3 (14:27):
No, I'm asking about the realty trust. That not.
Speaker 5 (14:30):
Unfortunately she changed that as the last few weeks of
her life and she gave me her home.
Speaker 3 (14:39):
Oh, wasn't the home in the realty trust.
Speaker 5 (14:42):
The home is in the realty trust, but I had
not been in the realty trust to receive the home. Problem.
Speaker 3 (14:51):
Yeah, that's a big problem. So whoever's listed as the
designated beneficiary on that account is going to be on
that realty trust is really who's entitled to that home?
So yeah, check into that and see if you can
get that squared away. Lots going on in this case.
Great question, Catherine, Thank you, and I think we'll wrap
it up.
Speaker 2 (15:09):
Mister Lutsky, Thank you so much for your time today.
Speaker 3 (15:11):
Always a pleasure.
Speaker 1 (15:13):
This has been asked Odd on the Financial Exchange Radio network.
Ask Todd with Todd. Lutsky has been presented by Cushing
and Dolan, serving Massachusetts and New England for more than
thirty years, helping families with the state and tax planning,
Medicaid planning and Probate law Call eight hundred and three nine
three four thousand and one or visit Cushingdolan dot com.
The views expressed in this segment are solely those of
(15:34):
Cushing and Dolan Armstrong advisor. He does not provide any
legal or tax advice. Please consult with your legal or
tax advisor on such matters. Cushing and Armstrong do not
endorse each other and are not affiliated
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