What is an Estate, How Irrevocable Trusts Affects Elder Care, and Comparisons of Different Asset Protection Tools
What’s an Estate?
Now I would like to talk to you about what is an estate. An estate is everything that you own on the date of your death. The fair market value of that asset, your stocks, whatever it is worth on the date of your death, or 6 months after, there are some very specific rules that are a little bit complicated, but basically, it is to determine the value, the fair market value, of all of your assets so they become taxable. And the IRS, your lawyers, your accountant, your appraiser, are all haggling with each other about how much everything is worth, so that the government gets a bigger chunk. They’ll say your estate is huge, and you’ll argue that it’s not that much.
The estate tax is a very major item. It’s the only voluntary tax within the IRS code. Without proper estate planning, the tax forces sales at the most inopportune time. You have heard horror stories where people have had to sell their farms in order to pay the IRS their dues. All of this can be avoided with an Ultra Trust. You have no assets on the date of your death; you have repositioned your assets from yourself, in your name, to the Ultra Trust. Again, if you have trouble with ownership, you have ownership issues, you must own things, you must own the land, you must own the building, you must own the car. If you have these kinds of issues and can’t separate yourself from the asset, then the trust is not for you. And somebody has to pay the taxes; somebody has to support all these lawyers, accountants, appraisers and so forth, within the legal system. And again, if you have more assets is different state, each state has the whole process. Estate planning with the Ultra Trust, you can avoid all of these complications.
Elder Care Nursing Home & Medicaid Planning
And now I would like to talk to you about elder care. On June 30 of this year, the government has mandated rules and regulations on restricting the transfer of assets of the elderly. There is now a five year look-back provision if you apply to qualify for the nursing home, the Medicaid nursing home. These restrictive laws are intended to impoverish the healthy spouse. Before you can qualify to receive, or to enter a nursing home, you must spend down your assets. Which means that, if you are of the age where the nursing home may become an issue, in order to protect your wife, or the healthy spouse, you or your wife, whoever is not sick, you must do Medicaid planning 5 years earlier than the date that you went in to the nursing home. If you are the son or daughter of elderly parents, you should become fully aware of these very restrictive rules. Where the government is going to ask you to spend down all of your assets before you can become qualified. So if all of the assets are spent on the sick spouse, the healthy spouse has no place to go, so you, the son and daughter, will have to step in and support your mom or your dad. You can avoid all this with proper estate planning. You can avoid the spend down of the nursing home.
Compare Different Asset Protection Plans
We have provided links to additional information including comparisons between the Ultra Trust™, irrevocable trusts, revocable trusts, the Living Trust, the limited liability company, the family partnership, the corporation and other financial devices, legal devices. A trust is nothing more than a legal device under the law. The law creates the trust. The IRS recognizes all types of trusts; the Ultra Trust™ is one of them. We have designed, specifically, the Ultra Trust. It meets with IRS regulations and is completely tax neutral.
Read more:
- Part 1 – UltraTrust™ Asset Protection
- Part 2 – Reposition Assets Taxes Probate
- Part 4 – Asset Protection Beneficary / Heirs