Estate Planning Trust Options

Summary

Estate planning in pennsylvania involves managing assets through tools like wills, trusts, and understanding medicaid implications. Irrevocable trusts offer asset protection and tax benefits but can affect medicaid eligibility if assets are transferred within a 5-year look-back period. Consult an estate planning attorney to navigate these complexities and consider alternatives like long-term care insurance.

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Yes, my cousin wants me to inherit his property and bank accounts. Whats the best way to insure this when there is *% trust between us
To ensure you inherit your cousin's property and bank accounts, consider the following options:
- Will: Your cousin can include you as a beneficiary in his will for the property and accounts.
- Joint Ownership: Add your name to the property deed and bank accounts.
- Revocable Trust: Your cousin can set up a revocable trust naming you as a beneficiary.
Is there a specific option you're interested in exploring further?
Why revocable vs irrevocable
When deciding between a revocable and an irrevocable trust, here are some key differences to consider:
- Revocable Trust:
- Can be modified or revoked by the grantor.
- Offers flexibility in managing assets.
- Does not provide strong asset protection from creditors.
- Irrevocable Trust:
- Cannot be easily changed or revoked.
- Provides asset protection from creditors.
- May offer tax benefits by removing assets from the taxable estate.
Are you considering setting up a trust, or do you need more information on how they function?
What is a look back period and how does it work in practice
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A "look-back period" refers to the time before applying for Medicaid during which any asset transfers are reviewed to ensure the applicant did not dispose of assets for less than their fair market value. In Pennsylvania, the look-back period is 5 years. Transfers made during this time can affect eligibility for Medicaid long-term care benefits.
Are you considering Medicaid planning or have questions about how it might affect an estate plan?
Kind of. I doubt he will need medicaid, but if he outs his house into a irrevocable trust ans 3 years later he does need medicaid what happens
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If your cousin transfers his house into an irrevocable trust and applies for Medicaid within 5 years, it may trigger a penalty period. This penalty period is based on the value of the transferred asset and could delay Medicaid eligibility. Are there any other specific concerns you have about the estate plan?
What is a penalty period and what does it do
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A penalty period is a duration during which a person is ineligible for Medicaid due to transferring assets for less than their fair market value within the look-back period. The length of the penalty period depends on the value of the transferred assets. Do you have any more questions about Medicaid or estate planning?
Okay well then what happens qhen somwone just sold something under value or got scammed
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If someone sells an asset for less than its fair market value or gets scammed, it can impact Medicaid eligibility during the look-back period. Additionally, legal recourse might be available if the transaction involved fraud. Do you need more information on potential legal actions in such situations?
I just want to understand it more
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It sounds like you're diving deep into the intricacies of estate planning and Medicaid considerations. These topics can be quite complex, especially with elements like trusts and the Medicaid look-back period. Are you curious about any specific situations or outcomes regarding these estate planning tools?
Like i said my cousin wants to put his home into an irrevocable teust with me as trustee. But i dont want it to harm him
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It sounds like you're concerned about potential Medicaid implications and asset protection for your cousin. Here are a few points to consider:
- Irrevocable Trust: Provides asset protection, but a transfer can impact Medicaid eligibility during the *-year look-back period.
- Medicaid Penalty: If assets are transferred within the look-back period, it may delay Medicaid eligibility.
Would you like information on how to manage these risks or another aspect of estate planning?
Yes
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To manage risks associated with Medicaid and estate planning, consider these strategies:
- Professional Guidance: Consult an estate planning attorney to avoid unintended consequences.
- Timing: Carefully plan asset transfers outside the *-year look-back period.
- Alternatives: Explore other options like long-term care insurance.
If you need more information or have specific questions, feel free to ask!