January 8, 2025 • 15 mins
Todd Lutsky shares his expertise on how to create a last minute long term estate plan for procrastinators. Todd also takes calls from listeners about how to plan for sudden medical issues.
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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 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 (00:27):
Todd Lotsky from the law firm of Kushigan Dolan joins
us now on the show for Ask Todd. This is
your chance to ask Todd your estate planning questions. First,
one of these that we've done in twenty twenty five.
So we got the phone line open for you eight
eight eight to zero five two two sixty three. Get
calin if you've gotten a state planning question for Todd. Again,
(00:49):
we've got limited time to be able to actually take
those calls, so make sure you get in line early
at eight eight eight to zero five two two six three.
That number again is eight eight eight eight two zero
five two two six three. Mister Lutsky, how are you
doing today, I.
Speaker 3 (01:07):
Am doing great. Hope you're enjoying the new year.
Speaker 2 (01:09):
How are you doing fantastic as well? I saw someone
Did you see the story about the guy who got
arrested for stealing the balloons?
Speaker 3 (01:18):
Arrested for stealing balloons? No, what happened to.
Speaker 2 (01:20):
Well, police held him for a while and then let
him go. So what are you gonna do? But in
any case, Todd, let's talk a little bit about planning
as it relates to long term care costs. Specifically, I
want to talk about the five year lookback period. When
did that five year lookback period for Medicaid planning go
(01:41):
into effect?
Speaker 3 (01:42):
Originally? Oh, it's just this really takes us back a while.
It initially was three years, and many people remember it
as three years, but there was always some confusion with dad.
Even back in two thousand and six, I believe the
Deficit Reduction Act came out and made every transfer five years. Now.
(02:04):
Remember what people didn't realize was before two thousand and six,
the look back period for transferring assets directly to family
members individuals was three years, but it was always five
years transferring assets to a trust. Now, since two thousand
(02:25):
and six, it's five years. Whether you transfer the asset
directly to an individual or to a trust. That was
really the big change. But you know, we always got
to keep in mind that five years is five years.
And now again, I never thought it was a great
idea to just give things to a child anyway. So
I would never have done it to avoid the five
(02:47):
year waiting period, even when you could and it was
three years, just because there's so many negatives from taxes
to control to you know, just overall obeyed issues, nursing homes,
I wouldn't do it. Then I would use a trust.
So I would have used a trust all the time.
(03:08):
So there's the difference between the five and the three
and what has changed over time.
Speaker 2 (03:13):
Doud In talking about that and how it's evolved over time,
is there any sense that that look back period may
evolve further to you know, will it get shorter or longer?
Is that not really something that is being discussed as
any kind of legislation at this point.
Speaker 3 (03:29):
So the good news is that I haven't seen really
any new legislation, even you know, committees discussing the change,
So so that that is a positive. I think I
did see a while back where they were thinking about
making it seven years, although it hasn't really gone anywhere.
(03:52):
But that said, I want people to understand, you know,
sort of how it works too, because many people will say, well,
what if I do it now and then they change
it later? Am I grandfathered in? That's sort of a
follow up question. You get all the time right and
(04:12):
the good news and history as our guide. Of course,
you never really know what the government will do or
can do, but history as our guide. Anyway, No, get
your clock running now, lock in your five year waiting period,
and not worry about the change, because the change that
(04:32):
has occurred has always been proactive, not retroactive. And I
can go back to the twenty sixteen, twenty I'm sorry,
twenty twenty six, twenty I'm sorry, two thousand and six
law change. When the Deficit Reduction Act did change from
(04:53):
three years to five years, I can tell you how
busy we were, you know, getting things done before the
lawn chains. Why because the people who did it were
grandfathered in with the three when it went to five.
So if you do your five now and lock it
in and they change it to seven or ten down
the road, you will have grandfathered yourself in or likely
(05:16):
will have. So that's a little history and points on
the five year look back.
Speaker 2 (05:22):
To take a quick break here when we come back
right to your questions with Todd Lutsky. That phone number
again to call into the show and ask Todd your
questions is eight eight eight to zero five two two
six three. One more time. That's eight eight eight two
zero five two two six three. Your questions with Todd
are next.
Speaker 1 (05:42):
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 2 (06:02):
All right, time for your questions with Todd. We still
do have a little bit more room on the phone line,
so give us call it eight eight eight to zero
five two two six three if you've got a question
for Todd again. That is eight eight eight to zero
five two two sixty three. Let's go to Mary in Salem. Mary,
you are on with Todd Lutsky.
Speaker 4 (06:23):
Good morning, Trod. I'm kind of in a pickle. My
husband has dementia. He currently is in the hospital and
he's rapidly declined within the last three months or so.
He's always been manageable. I don't have an estate I
don't have an estate plan. Is there anything that I
(06:46):
can do at this point to protect my house? We
have a two family with a mortgage, and I just
don't know where to turn.
Speaker 3 (07:00):
Let me ask you a couple of follow up questions.
So one, you've got the two family, and is there
other like a lot of like IRA money or investment
money or bank money kicking.
Speaker 4 (07:13):
Around about one hundred and twenty thousand.
Speaker 3 (07:18):
In total dollars?
Speaker 4 (07:20):
Correct?
Speaker 3 (07:21):
Okay, So the two assets are one hundred and twenty
and the two family, and again no advanced planning was done.
My final question is, and again it sounds like he
is perhaps declining rapidly and maybe you're not able to
handle him anymore. When you made the comment not able
to handle him anymore, do you mean that when he
(07:45):
gets discharged from the hospital, do you think he's coming
home or do you think he's going to end up
in a long term care facility.
Speaker 4 (07:54):
Well, I don't have the funds for a long term
cam facility, is what I.
Speaker 3 (08:00):
Asked, though.
Speaker 4 (08:01):
Do you think home?
Speaker 3 (08:04):
But but if and so, the way I'm sort of
asking this is, is if it's not safe for him to
come home and not easy for you to deal with him,
because again, they could get violent, they could I understand
the different things that happen when they get the dementia.
You know, if it's technically not safe for him to
(08:26):
come home and he had to go to a nursing home,
if he's qualified for a nursing home now meaning he's
old enough, I mean, he's sick enough to go to
a nursing home. You don't have to worry about pain.
That's why you're calling, right, So don't worry about the
cost because looking at the assets you have, he would
(08:48):
be eligible for Medicaid right away and you wouldn't have
to pay. So that said, do you think the nursing
home is the family decision the right thing for him?
Or is he still coming home?
Speaker 4 (09:02):
Well, that's still to be determined by the doctors. I
guess at this point.
Speaker 3 (09:10):
They are good.
Speaker 4 (09:11):
I thought of long term care, and I hadn't because
I didn't think that he would do well.
Speaker 3 (09:17):
So okay, so once you decide the family, the doctors,
your health decisions are are played out, and if it
becomes the best interest for him is a nursing home
for him, the family, for everybody, and that's the recommendation,
then yes, we can do last minute planning, which is
(09:40):
really what this guide is all about, right, It's all
about people like yourself that end up facing a nursing
home admission and really haven't done much planning. And so
in your case, you have a primary residence that you
live in, correct, Is that correct?
Speaker 4 (09:59):
With the that's correct.
Speaker 3 (10:01):
With the mortgage, that's fine, no problem. You are allowed
to keep your primary residence as long as you live there.
There's no value limitation and there's no lean that will
be attached to it, and you can continue to pay
all your bills. That leaves us one hundred and twenty
(10:23):
thousand dollars. In order to become eligible for medicaid, you
are not allowed to have more than approximately one hundred
and fifty thousand dollars, and he's not allowed to have
more than two Wow. Home run you only have one
hundred and twenty. So you are now financially and if
he's medically eligible for medicaid right away naturally just because
(10:49):
of the type of assets that you happen to have. Now,
this doesn't obviously doesn't work for everybody, but it works
for you. So you still need to go through the
Medicaid application process. You still need to figure out, you know,
go through that whole process, which I would not do alone.
I would hire a lawyer to do that. But at
least if you have the lawyer, you now know the
(11:12):
knowledge that that you're that he's immediately eligible for Medicaid
even though no advanced planning was done, So that at
least hopefully helps you understand that. You know, if the
doctors come back and tell you, yeah, you know, we
just don't think it's safe to return him home. You
can obviously take him home against medical advice. You're allowed
(11:35):
to do that. But if they come back and tell
you that and they feel like and you agree that
the best place for him is a long term care facility,
please know you can do it and you can afford
it because you're not going to pay. So hopefully that
helps a little. And if you if you need help,
please don't go alone when you're applying for Medicaid. And folks,
quite frankly, that's a lot, that's that's a call. That
(11:58):
is exactly what this guide this month brand new guide
for the month that we're giving away is long term
care Planning for the procrastinator. And I say that, but
you know what, it's also about people who have done
planning but inevitably still have assets outside the trust, like
large iras or money they left outside the trust or whatnot.
(12:22):
So we can do things last minute for someone who's
done no planning, or someone who's done planning but still
has assets they need to protect when they're faced with
going in a nursing home. So this guide really is
for everyone in those situations. It helps you understand how
to protect real estate, vacation homes, rental properties, you know,
(12:44):
excess dollars. There's different rules for these different kinds of assets.
So call and get the guide. Long Term Care Planning
for Procrastinators eight six y six eight four eight five
six nine to nine or Legal Exchange Show dot com.
Don't apply for medicaid on your own. It generally results
(13:06):
in a loss of assets eight six six eight four
eight five six nine nine or Legal Exchange Show dot com. Todd,
I've got another one for you here.
Speaker 2 (13:18):
We got to be quick just because we're getting close
to wrapping up, but we got Dan and Florida on
the line, Dan, what's your question for Todd?
Speaker 5 (13:24):
Hey, yeah, I have a revocable trust in my wife
passed away. Should I get an a revocable trust or
should I get an LLC? And I'm seventy four?
Speaker 3 (13:37):
So LLCs are really for rental properties. And how much
is how much are you worth in the trust and
out of the trust?
Speaker 5 (13:46):
I don't know, probably three million. I own two other
piece three other pieces of property other than.
Speaker 3 (13:53):
My own, Okay, so let's say three million in total, right, yep.
So if that's the case, you know, you do want
to take a look at the trust that you had,
that your wife had, and technically some of those assets
that are in there are probably protected from future estate taxes,
so we don't want to disturb that, right, I would
(14:16):
need to read the trust you going forward? You I
assume you have your own revocable trust. Yes, yeah, yeah, yes,
So LLCs are great for rental properties. So yes, I'd
want to explore rental property protection for you with an LLC.
But then at the same time, we would want to
think about protecting assets from the nursing home. So if
(14:38):
that's a concern for you at this point in seventy four,
is a great age. You might want to, you know,
change your trust the assets that you have and put
them in an irrevocable medicaid trust and get it protected
and potentially change the make a change to your wife's
(14:58):
trust to protect those assets without involving screwing up the nursing.
The state, tax planning lots to think about for you.
I think you ought to reach out to an attorney
and get some guidance because I think, yes, some planning
is in order for you going forward.
Speaker 2 (15:16):
Mister Lutsky, thank you so much for joining us today.
Speaker 3 (15:18):
Thank you, folks, always a pleasure.
Speaker 1 (15:21):
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 three nine
three four thousand and one or visit Cushingdolan dot com.
The views expressed in this segment are solely those of
(15:42):
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 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 (00:27):
Todd Lotsky from the law firm of Kushigan Dolan joins
us now on the show for Ask Todd. This is
your chance to ask Todd your estate planning questions. First,
one of these that we've done in twenty twenty five.
So we got the phone line open for you eight
eight eight to zero five two two sixty three. Get
calin if you've gotten a state planning question for Todd. Again,
(00:49):
we've got limited time to be able to actually take
those calls, so make sure you get in line early
at eight eight eight to zero five two two six three.
That number again is eight eight eight eight two zero
five two two six three. Mister Lutsky, how are you
doing today, I.
Speaker 3 (01:07):
Am doing great. Hope you're enjoying the new year.
Speaker 2 (01:09):
How are you doing fantastic as well? I saw someone
Did you see the story about the guy who got
arrested for stealing the balloons?
Speaker 3 (01:18):
Arrested for stealing balloons? No, what happened to.
Speaker 2 (01:20):
Well, police held him for a while and then let
him go. So what are you gonna do? But in
any case, Todd, let's talk a little bit about planning
as it relates to long term care costs. Specifically, I
want to talk about the five year lookback period. When
did that five year lookback period for Medicaid planning go
(01:41):
into effect?
Speaker 3 (01:42):
Originally? Oh, it's just this really takes us back a while.
It initially was three years, and many people remember it
as three years, but there was always some confusion with dad.
Even back in two thousand and six, I believe the
Deficit Reduction Act came out and made every transfer five years. Now.
(02:04):
Remember what people didn't realize was before two thousand and six,
the look back period for transferring assets directly to family
members individuals was three years, but it was always five
years transferring assets to a trust. Now, since two thousand
(02:25):
and six, it's five years. Whether you transfer the asset
directly to an individual or to a trust. That was
really the big change. But you know, we always got
to keep in mind that five years is five years.
And now again, I never thought it was a great
idea to just give things to a child anyway. So
I would never have done it to avoid the five
(02:47):
year waiting period, even when you could and it was
three years, just because there's so many negatives from taxes
to control to you know, just overall obeyed issues, nursing homes,
I wouldn't do it. Then I would use a trust.
So I would have used a trust all the time.
(03:08):
So there's the difference between the five and the three
and what has changed over time.
Speaker 2 (03:13):
Doud In talking about that and how it's evolved over time,
is there any sense that that look back period may
evolve further to you know, will it get shorter or longer?
Is that not really something that is being discussed as
any kind of legislation at this point.
Speaker 3 (03:29):
So the good news is that I haven't seen really
any new legislation, even you know, committees discussing the change,
So so that that is a positive. I think I
did see a while back where they were thinking about
making it seven years, although it hasn't really gone anywhere.
(03:52):
But that said, I want people to understand, you know,
sort of how it works too, because many people will say, well,
what if I do it now and then they change
it later? Am I grandfathered in? That's sort of a
follow up question. You get all the time right and
(04:12):
the good news and history as our guide. Of course,
you never really know what the government will do or
can do, but history as our guide. Anyway, No, get
your clock running now, lock in your five year waiting period,
and not worry about the change, because the change that
(04:32):
has occurred has always been proactive, not retroactive. And I
can go back to the twenty sixteen, twenty I'm sorry,
twenty twenty six, twenty I'm sorry, two thousand and six
law change. When the Deficit Reduction Act did change from
(04:53):
three years to five years, I can tell you how
busy we were, you know, getting things done before the
lawn chains. Why because the people who did it were
grandfathered in with the three when it went to five.
So if you do your five now and lock it
in and they change it to seven or ten down
the road, you will have grandfathered yourself in or likely
(05:16):
will have. So that's a little history and points on
the five year look back.
Speaker 2 (05:22):
To take a quick break here when we come back
right to your questions with Todd Lutsky. That phone number
again to call into the show and ask Todd your
questions is eight eight eight to zero five two two
six three. One more time. That's eight eight eight two
zero five two two six three. Your questions with Todd
are next.
Speaker 1 (05:42):
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 2 (06:02):
All right, time for your questions with Todd. We still
do have a little bit more room on the phone line,
so give us call it eight eight eight to zero
five two two six three if you've got a question
for Todd again. That is eight eight eight to zero
five two two sixty three. Let's go to Mary in Salem. Mary,
you are on with Todd Lutsky.
Speaker 4 (06:23):
Good morning, Trod. I'm kind of in a pickle. My
husband has dementia. He currently is in the hospital and
he's rapidly declined within the last three months or so.
He's always been manageable. I don't have an estate I
don't have an estate plan. Is there anything that I
(06:46):
can do at this point to protect my house? We
have a two family with a mortgage, and I just
don't know where to turn.
Speaker 3 (07:00):
Let me ask you a couple of follow up questions.
So one, you've got the two family, and is there
other like a lot of like IRA money or investment
money or bank money kicking.
Speaker 4 (07:13):
Around about one hundred and twenty thousand.
Speaker 3 (07:18):
In total dollars?
Speaker 4 (07:20):
Correct?
Speaker 3 (07:21):
Okay, So the two assets are one hundred and twenty
and the two family, and again no advanced planning was done.
My final question is, and again it sounds like he
is perhaps declining rapidly and maybe you're not able to
handle him anymore. When you made the comment not able
to handle him anymore, do you mean that when he
(07:45):
gets discharged from the hospital, do you think he's coming
home or do you think he's going to end up
in a long term care facility.
Speaker 4 (07:54):
Well, I don't have the funds for a long term
cam facility, is what I.
Speaker 3 (08:00):
Asked, though.
Speaker 4 (08:01):
Do you think home?
Speaker 3 (08:04):
But but if and so, the way I'm sort of
asking this is, is if it's not safe for him to
come home and not easy for you to deal with him,
because again, they could get violent, they could I understand
the different things that happen when they get the dementia.
You know, if it's technically not safe for him to
(08:26):
come home and he had to go to a nursing home,
if he's qualified for a nursing home now meaning he's
old enough, I mean, he's sick enough to go to
a nursing home. You don't have to worry about pain.
That's why you're calling, right, So don't worry about the
cost because looking at the assets you have, he would
(08:48):
be eligible for Medicaid right away and you wouldn't have
to pay. So that said, do you think the nursing
home is the family decision the right thing for him?
Or is he still coming home?
Speaker 4 (09:02):
Well, that's still to be determined by the doctors. I
guess at this point.
Speaker 3 (09:10):
They are good.
Speaker 4 (09:11):
I thought of long term care, and I hadn't because
I didn't think that he would do well.
Speaker 3 (09:17):
So okay, so once you decide the family, the doctors,
your health decisions are are played out, and if it
becomes the best interest for him is a nursing home
for him, the family, for everybody, and that's the recommendation,
then yes, we can do last minute planning, which is
(09:40):
really what this guide is all about, right, It's all
about people like yourself that end up facing a nursing
home admission and really haven't done much planning. And so
in your case, you have a primary residence that you
live in, correct, Is that correct?
Speaker 4 (09:59):
With the that's correct.
Speaker 3 (10:01):
With the mortgage, that's fine, no problem. You are allowed
to keep your primary residence as long as you live there.
There's no value limitation and there's no lean that will
be attached to it, and you can continue to pay
all your bills. That leaves us one hundred and twenty
(10:23):
thousand dollars. In order to become eligible for medicaid, you
are not allowed to have more than approximately one hundred
and fifty thousand dollars, and he's not allowed to have
more than two Wow. Home run you only have one
hundred and twenty. So you are now financially and if
he's medically eligible for medicaid right away naturally just because
(10:49):
of the type of assets that you happen to have. Now,
this doesn't obviously doesn't work for everybody, but it works
for you. So you still need to go through the
Medicaid application process. You still need to figure out, you know,
go through that whole process, which I would not do alone.
I would hire a lawyer to do that. But at
least if you have the lawyer, you now know the
(11:12):
knowledge that that you're that he's immediately eligible for Medicaid
even though no advanced planning was done, So that at
least hopefully helps you understand that. You know, if the
doctors come back and tell you, yeah, you know, we
just don't think it's safe to return him home. You
can obviously take him home against medical advice. You're allowed
(11:35):
to do that. But if they come back and tell
you that and they feel like and you agree that
the best place for him is a long term care facility,
please know you can do it and you can afford
it because you're not going to pay. So hopefully that
helps a little. And if you if you need help,
please don't go alone when you're applying for Medicaid. And folks,
quite frankly, that's a lot, that's that's a call. That
(11:58):
is exactly what this guide this month brand new guide
for the month that we're giving away is long term
care Planning for the procrastinator. And I say that, but
you know what, it's also about people who have done
planning but inevitably still have assets outside the trust, like
large iras or money they left outside the trust or whatnot.
(12:22):
So we can do things last minute for someone who's
done no planning, or someone who's done planning but still
has assets they need to protect when they're faced with
going in a nursing home. So this guide really is
for everyone in those situations. It helps you understand how
to protect real estate, vacation homes, rental properties, you know,
(12:44):
excess dollars. There's different rules for these different kinds of assets.
So call and get the guide. Long Term Care Planning
for Procrastinators eight six y six eight four eight five
six nine to nine or Legal Exchange Show dot com.
Don't apply for medicaid on your own. It generally results
(13:06):
in a loss of assets eight six six eight four
eight five six nine nine or Legal Exchange Show dot com. Todd,
I've got another one for you here.
Speaker 2 (13:18):
We got to be quick just because we're getting close
to wrapping up, but we got Dan and Florida on
the line, Dan, what's your question for Todd?
Speaker 5 (13:24):
Hey, yeah, I have a revocable trust in my wife
passed away. Should I get an a revocable trust or
should I get an LLC? And I'm seventy four?
Speaker 3 (13:37):
So LLCs are really for rental properties. And how much
is how much are you worth in the trust and
out of the trust?
Speaker 5 (13:46):
I don't know, probably three million. I own two other
piece three other pieces of property other than.
Speaker 3 (13:53):
My own, Okay, so let's say three million in total, right, yep.
So if that's the case, you know, you do want
to take a look at the trust that you had,
that your wife had, and technically some of those assets
that are in there are probably protected from future estate taxes,
so we don't want to disturb that, right, I would
(14:16):
need to read the trust you going forward? You I
assume you have your own revocable trust. Yes, yeah, yeah, yes,
So LLCs are great for rental properties. So yes, I'd
want to explore rental property protection for you with an LLC.
But then at the same time, we would want to
think about protecting assets from the nursing home. So if
(14:38):
that's a concern for you at this point in seventy four,
is a great age. You might want to, you know,
change your trust the assets that you have and put
them in an irrevocable medicaid trust and get it protected
and potentially change the make a change to your wife's
(14:58):
trust to protect those assets without involving screwing up the nursing.
The state, tax planning lots to think about for you.
I think you ought to reach out to an attorney
and get some guidance because I think, yes, some planning
is in order for you going forward.
Speaker 2 (15:16):
Mister Lutsky, thank you so much for joining us today.
Speaker 3 (15:18):
Thank you, folks, always a pleasure.
Speaker 1 (15:21):
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
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The views expressed in this segment are solely those of
(15:42):
Cushing and Dolan Armstrong Advisor. He does not provide any
legal or tax advice. Please consult with your legal or
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