Episode Transcript
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This is Ask Todd on the FinancialExchange Radio Network. If you have an
existing estate plan or in the marketfor one, Todd Lutsky is here to
answer your questions and help you planfor a later life. Ask Todd is
presented by Cushing and Dolan, servingMassachusetts and New England for more than thirty
five years, helping families with astate and tax planning, Medicaid planning,
(00:21):
and probate law. Visit Cushingdolan dotcom. Now here's Todd Lutsky. As
promised, we are now joined byTodd Lutsky from the law firm of Cushing
and Dolan. We call the segmentAsk Todd because it is your chance to
ask Todd your estate planning questions.I know there were a couple that we
had queued up last week that wecouldn't get to. So the phone number
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here is eight eight eight to zerofive two two sixty three. If you
happen to be one of the peoplewho was waiting to ask a question last
week, here's your chance to getat the front of the line. That
number again is eight eight eight tozero five two two sixty three. Or
hey, maybe you weren't waiting lastweek, but now you know you say,
yeah, I've got a pretty goodquestion for Todd. That phone number
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one more time is eight eight eightto zero five two two sixty three.
So get Colin and we will begetting to your questions as we go through
the segment. Again. It's eighteight eight to zero five two two six
three. Mister Lutsky, how areyou today? I'm great? How are
you okay? Yeah, I'm alwaysafraid to ask. Add bit of an
accident the other day. Yeah,are you all right? I was opening
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a can of the the alphabet pasta, Oh yeah, and wasn't injured.
No, but it could have spelleddisaster. Well, it could have That's
very true, so very fortunate onthis Todd. Let's talk a little bit
about last minute planning for Medicaid interms of the tools that are available today.
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Yeah, let's say that you aresomeone or you know someone who is
concerned about a potential nursing, homestayor other long term care situation. There
hasn't been any planning done, noplanning. What can you do as you're
heading into that situation imminently? Shouldwe discuss it? Narrow it down maybe
to a single or a married couple, let's do. Let's do married for
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now. First, let's start there. Okay, so married, you have
better options. Right, so peoplethought, you know, it's no good
being married. Look, there's apositive here. If you're married, the
home first and foremost, if locatedin Massachusetts, and the spouse, the
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healthy spouse we call them the communityspouse, is living there, then the
house is non countable and non leanable, which is nice meaning it doesn't matter
how much it's worth, it doesn'tmatter whose name's on it. It's just
non countable and non leanable. Soit's not going to disqualify you from nursing
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home or make the community spouse homeless. So wipe your brow. However,
let's say this couple just has thehome, okay, and money, no
other real estate. Sure, ifthere's no other real estate, we're left
with money. Well, what dowe do with money? With money?
The government allows a healthy spouse tokeep something called a community spousal resource allowance
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of about one hundred and forty eightthousand dollars and change. So all the
money doesn't matter how it's owned.And this is what's important about a married
couple, right, It doesn't matterthat one spouse has all the name is
in all one's name, or ifit's joint or if it's in the six
spouses name, it doesn't matter.They all get dumped on the table into
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a big pile, and they allowthe community spouse to reach in and take
out one hundred and forty eight grandand stick it in a bank account,
and that would be non countable.Community spouse gets to keep that. I
know, it's not a lot ofmoney to live on the rest of your
life. Everything else gets scooted overinto what we call the institutionalized spouse's bucket.
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If that institutionalized spouse's bucket exceeds twothousand dollars, then you're going to
be denied medicaid. Well that's nothelpful because let's say in this case,
we've got a half a million dollars. Well, we've only carved out one
hundred and forty eight and you getto keep too. By the way,
so that's one hundred and fifty.Well, what are we going to do
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with the three fifty that's left.Well, that's excess resources. So one
thing you're allowed to do is you'reallowed to transfer excess resources to a community
spouse. It's not going to createa disqualifying transfer. It's also not going
to help initially. However, thenyou take that excess resource and you buy
something called a Medicaid annuity. It'squite magical that it converts the asset to
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an income stream for the healthy spouse. And the moment you buy that annuity
and make that conversion, you've nowmet the financial eligibility needed to become eligible
for Medicaid. So that's one wayto do it. Talking with Todd Lutsky
from the law firm of Cushing andDolan. Again, this segment's called Ask
Todd, So it's your chance toask Todd your estate planning questions live on
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the air. The studio line hereis eight eight eight to zero five two
two sixty three, So get callin that number again it is eight eight
eight to zero five two two sixthree. We still do have space for
a couple more so again eight eighteight to zero five two two six three
is the number to call to askTodd your questions. We're gonna take a
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quick break here, but when wecome back, it is right to your
questions with Todd Lutsky. That phonenumber one last time is eight eight eight
to zero five two two sixty three. Quick break your calls after this Ask
Todd with Todd Lutsky every Wednesday atten thirty only here on the Financial Exchange
Radio Network. You're listening to AskTodd with Todd Lutsky on the Financial Exchange
(05:58):
Radio Network. All right, wegot a couple of calls for Todd.
Let's let's go first to Kevin onthe road. Kevin, what is your
question for Todd? Kevin? Areyou there? And oh, yes,
I'm here, And my question isreally to do with long term care insurance.
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I've opted. I've opt it fora revocable trust and that along with
long term care and I thought thatwould help to protect my assets from the
nursing home in the events that thatwould happen. Yes, can you comment
on the merits and or pitfalls ofthat approach? Yeah, I think,
And stay on the line because Igot a couple of fall up questions because
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this is this is true. Andby the way, folks, I never
I like long term care insurance.I know we don't talk about it a
lot. It can be expected,ci you got to get it when you're
younger. It does work. Itis not a bad. Uh. Part
of the equation I say part becausesometimes it's not enough, and that's okay.
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Something is better than nothing. Itmight have in home care, it
might have some other benefits that itoffers you maybe, and there's these hybrid
policies that are out there that offeryou a death benefit if you don't use
it for long term care. SoI think it it has a very good
place in the estate planning world.So let me start off with that.
But my question is do you knowwhat this policy pays out per day,
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per month and for how long?Yes. Actually, the reason why I
opted for it was the payout waswas substantial. Now you know substantial in
today's numbers, right, I thinkit would cover and it covers both my
wife and I or I think it'sin excess of seven thousand dollars a month
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each, okay, and that's normal. I was gonna say about two hundred
a day is six thousand a month, and so you're a little more north
of that, say seven thousand amonth. That is what we call a
normal every day, not a Cadillactpolicy, and not everyone needs a Cadillac
policy. So seven thousand a monthand it probably covers three years or five
years. I'm sorry, for theYeah, there's a cover three years or
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five years. It's seven years.Actually, oh, it pays out for
seven years. Yes, Wow,that is a much bigger policy that I'm
used to. So I like thatseven years. I'm sure has in home
care and all that those other perks. Now that's nice, Except here's why.
I don't know that it is theend all be all. It's helpful,
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but nursing homes run, you know, every bit of fifteen grand a
month, so you're covering maybe halfthe cost of the nursing home. Now
I don't know your assets. Maybeyou have enough other assets to generate income
to make up the delta. Ifyou do, I think you're on the
right track. I think it's it'sprobably a combination of being partly self insured
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coupled with long term care insurance revocabletrust planning. You're on the right track.
But not knowing your entire estate planand what your assets are. Someone
with seven thousand dollars a month comingin and let's say there worth three million
dollars on their own, I mightstill ask them, well, we have
to do trust planning anyway, whynot set up the irrevocable trust to protect
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the assets and still keep my longterm care insurance. It's certainly helpful,
but at least I won't have totouch the assets to make up the delta.
And who knows if the premiums goup too high and I can't afford
it, and at some point Ihave to get rid of my long term
care insurance. I've got the irrevocabletrust in play to protect my assets,
avoid probate, and shelter my assetsfor estate taxes. So I think there's
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no wrong answer here. I thinkyou're doing something is way better than nothing.
But keep in mind what I justsaid and put your own numbers to
it and see if it makes senseto say, you know what, I'm
not really enough self insured that Ishould go alone. Let's get the irrevocable
trust or learn about it. So, folks that said this is helpful,
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and even for people who do planningirrevocable trust planning and for people who don't,
there's always some assets outside this trustif you have done your planning,
and of course there's a lot ofassets outside the trust if you've done none.
When you're faced with the nursing homecare, this guide is good for
both of those types of people whenyou're entering a nursing home. Last Minute
(10:41):
Medicaid Eligibility is the guide we're gettingnear the end of the month. We
want to get this guide in yourhands. Don't apply for Medicaid alone.
Learn how to make countable assets noncountable last minute, don't write the check.
Learn how real estate works, rentalversus homes versus jointly held property.
(11:01):
Oh, by the way, andmarried couples and single people assets are treated
differently. Learn how to get onMedicaid last minute, even if you've not
done your planning eight six six eightfour eight five six nine nine or Legal
Exchange Show dot com. Get lastMinute Medicaid Eligibility Guide eight six six eight
(11:22):
four eight five six nine nine orLegal Exchange Show dot com. Todd,
I've got another caller for you.Let's go to Charles in Westboro. Charles,
you are on with Todd Lutsky.Thank you, Hi, Todd.
We we have a irvertoke about trustgrant to our type that you wrote about
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eight years ago. Okay, weown our own home right now, it's
in the trust. Okay, we'rebuying another home. We're basically buying the
home with personal funds. Okay,And I want to know what comes to
the signatures. We have two trustees, our children. One is basically in
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this area. The other one thepilot for airlines and he's hard to track
down. Yeah. Do both ofthem have to sign when we do closing
on the present house, so,and also when we purchased the new one
to keep them in the trust.So a couple of questions I got to
follow up on to clear this up. So one, the money you're using
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to buy the new house is thatlocated inside the trust? Is that already
trust money? Some of it?Okay? So this is it? This
is the Are you going to begetting a mortgage? No? Okay,
it's all being covered with personal great, no mortgage, personal money. First
thing you need to do is transferthe money that you need into the trust.
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Okay, to add it to theother trust money. Okay. That
transfer will create its own five yearwaiting period, but only for that piece
that you put in Okay, theother money that's in there, it won't.
And then what will happen is,yes, you will have the money
go out of the trust and thenew house come in. Now the two
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signature issue, Yeah, I don'tlove it, right, I don't always
love having two kids as trustees becauseit can create this. You know,
it's a little harder to do things. You don't always have to have two
kids. So, Mike, ifyou rather than chase this, yes,
you're gonna need two signatures, myadvice would be, let's remove one child
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for now, have one child on, complete the transaction, and then add
the child back as trustee if youreally want to, and that way you
won't need to chase down that signature. So that would be the way to
get around the two signature problem thatyou have. And I think that is
really the answer. And the goodnews here is this shows a lot of
people how flexible these irrevocable trusts are. You want to buy another house,
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absolutely can do it now. Ifhe had enough money in the trust to
buy this other house in full,there'd be no new five years waiting period
at all. It'd be completely protectedwithout even resetting the clock. So this
absolutely can be done. My adviceis get rid of one trustee and get
the transaction done and add the trusteeback, and I think you will be
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in good shape. Mister Lutsky,thank you so much for joining us today.
Always a pleasure Thank you. Thishas been asked Todd on the Financial
Exchange Radio network Aske Todd with Todd. Lutsky has been presented by Cushing and
Dolan, serving Massachusetts and New Englandfor more than thirty years, helping families
with the state and tax planning,Medicaid planning and probate law. Call eight
(14:33):
hundred three nine three four thousand andone or visit Cushingdolan dot com. The
views expressed in this segment are solelythose of Cushing and Dolan Armstrong advisor.
He does not provide any legal ortax advice. Please consult with your legal
or tax advisor on such matters.Cushing and Armstrong do not endorse each other
and are not affiliated. Changes tomedicate occur almost every year, and if
you're not informed, your assets couldbe at risk, especially if you or
(14:54):
your spouse need nursing home care.Cushing and Dolan are experts and held your
law and their new guide is calledLast Minute Medicaid Eligibility. It'll help you
understand the Medicaid process, which iscritically important if you're retired or getting close
to retiring. The guide has importantinformation regarding numerous strategies that can protect your
assets from the nursing home. Itcould be your primary home, a vacation
(15:15):
home, or any rental property youmay own. You've worked hard to achieve
wealth, so don't take chances whenit comes to protecting it. Get your
copy of Cushing and Dolan's brand newguide called Last Minute Medicaid Eligibility Call Rate
now eight six six eight four eightfive six nine nine. That's eight six
six eight four eight five six ninenine, or you can request it online
by visiting legal exchainshow dot com.That's legal exchainshow dot com. The proceeding
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was paid for in the views expressedare sole leados of Cushing and Dolan.
Cushing and Dolan d or Armstrong Advisorymay contact you offering legal or investment services.
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