In many families, planning for the future is often thought of, but following through with the plan is seldom accomplished. Having a will and a life insurance policy is a step everyone must take to prepare their family and spouse for the future. When there are children under the age of 18 years old in a family, planning is a necessity. Nothing is more devastating than losing a loved one, but imagine being a young child left orphan by the unthinkable.
Losing a parent is hard enough; ending up in a foster home is even harder. By failing to plan for one’s children, a state foster system may take control of where the children go if both parents are deceased. Estate planning is not just about making sure that there is financial security, but also that there is emotional security.
Question 2: Medicaid application: Is it too late to give away my assets and qualify for Medicaid if I am already in a nursing home?
It’s never too late to reallocate your assets. It is possible to give away all assets and then in 5 years become eligible for Medicaid.
Question 3: Should I make use of a trust to protect my assets?
It is much more beneficial to use an irrevocable trust instead of transferring assets to family members. Seek for the UltraTrust™ for superior irrevocable trust asset protection.
Question 4: How to apply for Medicaid: Are there other ways to protect my assets?
There are many ways to protect assets. Medicaid will not penalize anyone if they choose to spend their assets; however, one must be careful to avoid fraudulent conveyance. Fraudulent conveyance is the act of divesting your assets for less than a fair market value consideration or payment. An expert can walk you through a proper estate plan that will avoid these potential problems or contact Estate Street Partners.
Question 5: How can I protect my home?
Medicaid allows for the applicant to retain a principal residence. Your home is considered exempt property. However, unless there is a surviving spouse, Medicaid will be reimbursed if the home is sold after your death by a lien being put on the home. This is where it is advised to sell or transfer to an irrevocable trust such as the UltraTrust™
Question 6: Is it wrong to hide assets to qualify for Medicaid?
When applying for Medicaid, full financial disclosure is required. It is best to consult with an elder law expert before making any decisions or contact Estate Street Partners.
To make sure what is discussed and subsequently written down you’ll need the questions. Non-judgmental, fact and feeling seeking questions designed to get everyone talking about the same important things openly and honestly. Questions for everybody that search for “What’s important?”, “What’s the situation today?”, “What do you/I/we want it to be?”, and “What’s possible for us to achieve?”
Question 8: Should I hire an expert?
Simply stated: absolutely. This is the best way to make sure laws are being followed and your assets are protected.
Question 9: How do I find an expert?
Any expert that practices elder law can help or contact Estate Street Partners. Make sure the expert is experienced and has a good rapport. You want to make sure you trust the right person with your assets
Resource Author Francisco R. Higueras
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