Medicaid Asset Protection

As tax preparation time begins, many seniors are asking to contain Medicaid asset protection as component of their tax preparing strategies. For those of you not familiar with the 2005 Tax Reduction Act, some of the provisions address specific transfers by seniors under the new Medicare nursing property provisions. Below the new provisions, before a senior qualifies for Medicare assistance into a nursing home, they need to devote-down their assets. These new restriction have a 5 year look-back, used to be three years. And utilized to be that each and every spouse had a a single-half interest in the marital property, it now appears that all the marital assets are to be spent-down. I have not seen specific regulations but it appears that the healthful spouse will be left without having any assets if one of them gets sick.

Suggestions by seniors have been to transfer their assets to their kids. Despite the fact that this selection is offered, Im not positive that its a great option. What if the child decides to use the asset for themselves, what if they get divorced and the judge awards assets originally intended for the parents to the divorcing wifes decree, what if the home health medicare fraud child gets sued?

There are also tax implications. If the assets are transferred to the youngster for much less than fair market place value, then its a taxable gift. Even worse, if this kind of transfer to the child is completed prior to the 5 years-appear back, -is it a fraudulent conveyance?

Medicaid asset protection has to be completed extremely very carefully. Preparing in this area is evolving. There are a lot of eldercare law firms popping up all over the place. I have been approached by such a firm to send them clients. They claim that they can structure a new deal whereby the nursing residence wont be able to attach assets even immediately after they enter the nursing home.

I know this much, any technique utilized to deflect assets from the original owner has to be carried out at its fair industry value. For example you just cant transfer your residence from you to your kid. There are tax consequences. Did you just sell your house? Or did you just gift your property? Who will decide the fair market place value? Did you get a genuine appraisal? If for that reason, its at much less than fair industry value (willing buyer and willing seller, neither below compulsion to get or sell, each and every acting in their best interest) did you just develop a far more challenging dilemma?

Any technique whereby theres an element of strings attached, its revocable and as a result you have done nothing to disassociate oneself from your asset. One can challenge your intent, to divert assets for the purpose of defrauding a prospective creditor and failure to have filed a gift tax return has statutory penalties, and interest, worse- if Medicare intended, criminal?

I am aware of only one strategy of disassociating your self from your asset (personal residence, your CDs, your investments, vacation spot) is to give it away. Period. You can gift it to your kids, spend the tax and thats it. The difficulty is that you no longer have any control and you are at the mercy of your childs great intentions and a blessed spouse. Risky? You bet!

An irrevocable trust with an independent medicare medicaid fraud trustee (not related to you by blood or marriage) will fit the bill.

An irrevocable trust, is an irrevocable contract amongst you and the independent trustee to manage the assets for the benefit of all beneficiaries. You and your spouse can become beneficiaries along with your youngsters and grand kids.

Timing is extremely essential. If the transfer (repositioning) of your beneficial assets is completed just before the five medicare type of bill codes years, chances are very good that it will stand-up in court. What if its ahead of the five years are up? Is your Medicaid asset protection plan nevertheless excellent? In my book its far better to have completed some thing than absolutely nothing.