My mother has an investment account of more than $300k. She is 79, in ok health and is moving in with one of her daughters in Massachusetts. We are looking into Mass Health as a provider and realize her assets will disqualify her.
We also understand that if we were to sign up for adult day services or a nursing home facility, they will tap into her assets first.
We would like to protect those assets and wanted to know our options.
I understand there is a 5 year look back, so this is something we need to consider now. Can we change the ownership of the account to one of her children or create some type of independent LLC? What is the process for each and what are the tax implications, if any?
I don't understand why you don't think her money should be used for these things? Doesn't your mother expect to pay her own way? Isn't that what she and your Dad saved for? Money provides a lot of options. Why shouldn't she have the benefit of those options? Personally, I think EVERYONE should have access to Medicaid, just as they do to Medicare at a certain age. But that is not how it works.
If your Mom goes through all of her own money on her own care and her own pleasures, then she will be eligible for Medicaid.
Do see a professional estate planner. But I hope what you will be asking about is how to make her money last as long as it can for her ... not how to hide it for heirs.
Thanks for sharing that!
4 of them sold their property in the capital, clubbed together and bought an older rural property and in the UK that also usually means much larger.........once you cross the threshold as it were (there seems to be a glass ceiling and once you break through it ) the houses are very different.
This was like a mansion it was so big. They used their money to turn it into a very private care residence for just the 4 of them but, and here is the innovative bit they made it into 6 beautiful flats all fitted for disability usage. The upstairs is the domestic setting so the kitchen the laundry rooms everything that is needed for domesticity is upstairs as is my friends flat and one other which her Mum has.
Downstairs there are four flats with a central lounge for them. Now the proviso is my friend contracts to care for them for the rest of their natural lives and in return gets the flat she lives in AND her keep and she can engage staff if she needs to to cover holidays and the like. On top of that she gets a small and I mean small wage BUT as she has a flat already she will also get income from that too. Since her Mum owns one of the flats she will also own that with the option to buy out the others and open it as a rest home.
One of the owners has died and the other three plus my friend bought the flat and rent it out - Because care is built in and because each flat is self contained with alarms etc they get £800 a week for it that's 1200 dollars. Yes you have to have the initial capital and that isn't there for most people but if you live in a big city where property prices are high and can tolerate moving to a more peaceful rural setting then the options are almost boundless.
Others are being leased to tenants by a company which one of its workers told me owns about 100 homes in the city. Clearly, it's made an investment, and generally it kept the property up well (except for an invasive tree).
Foreclosed homes are still a blight on the real estate market; some are being snapped up for 1/2 their previously assessed value, and yield good results for the landlords. But the average would-be, wanna be flipper or landlord doesn't always have the resources to repair and manage a home that's been vacant for years, so some of these houses are just plain old duds.
If this was done, a gift of that amount would create an unbelievably high gifting tax that would be her's to pay which would require some of the money back to pay. Currently, the max is $14,000 per person per year.
I think that the best way to protect one's assets so that they last longer for one's care and maybe leave some to give to others is to buy long term health care insurance long before you need it. My mom had it and my dad has it. It did not and has not taken them long to more than get back in financial support the amount they paid in premiums. Without long term care insurance, the cost of a nursing home could easily eat up her investments in 3-4 years.
It's her money. Let it stay her money and use it for her care now. With my dad out living my mother by 8 years, I'm almost certain that there will not be any money left. It's being spent on his care and that's how it should be.
The problem I see with rental property is first the pain of it and secondly the housing market is not all that great. My MIL has plenty of rental houses that she bought years ago, but the housing depression and where she lives has make them worthless investments to be able to sell easily and to make much money from. My own home is not even worth what we bought it for 10 years ago.
At 79, I don't think there are enough years to make much turn around cash.
The thing I would do is help her maximize with minimal risks the investments that she already has so that they will last as long as possible for her care.
In the UK you can also only give people a limited amount, after which it is declarable on a tax return so you may find you a) have to pay some form of tax on it and b) have it clawed back anyway
If however YOU act on your Mums behalf and move all her assets - and you could theoretically, then there could be potentially a case that you did so to intentionally defraud the state ad that would be a whole different ball game. I do believe however that can protect some of the capital (at least in UK you can) by setting up a trust - however be prepared to pay steeply because this requires legal eagles and the application will vary state by state. My question is who wants this - your mum or her children. I am sure that once again the written word may have been confusing but I think the other posters are right. Your Mum has saved for a rainy day - well the thunder clouds are gathering.
There is potentially another option. If you have sufficient funds to do it, you may be able to purchase several smaller homes and rent them out. That way you retain the capital and use the income to pay for your Mums care should she ever need it. You may eventually have to sell them off but you would have maximised the income.
I worry also about the younger generation saving; there are so many more consumer products that are considered essential now but didn't even exist 15 - 20 years ago. What they feel they need is so much more than what we felt we needed.
And the trend to put children through college as opposed to them working and putting themselves through college takes a pretty large chunk of disposable income away from parents. I wonder if they'll even be in a position to save, or will their children be, especially if they've been lured into the consumer trap of having the latest gadgets and continually updating them for newer versions.
The thing we have to get our head round is that we have no right to an inheritance. I would like to think there was something left for me but I am not pinnnig any bets on it. I would like to think I could care for Mum until the final day but there is no guarantee on that either. So people just take each day as it comes, breathe deeply and face this scary new world we live in
If you think mom will get into a decent facility on Medicaid, you are dead wrong. She can afford to live like a queen and she deserves to. Leave it in her name and make sure her final years are the best.
I am 73, and I pray that I die before I get to one of these facilities. At the rate things are going and with no increases in SS for years now, I probably will be one of those people who have bills paid by govt.
I think if you are the POA for Financial you can add your name to the account. Ask your attorney or bank how it is done.
Good luck. You are very lucky to have a mother who saved. Not many have that at all.
Medicare pays very little in doctor bills, nothing for a nursing home - you need supplemental health insurance or you end up with huge bills for doctors and drugs) But there are people who live on the government from day one and get it all for free from the start. It makes me very angry.
I know this is Mom's money and it will be used for her care. Sadly she barely knows what is going on, she is miserable, unhappy, uncooperative wherever she has been. I have carried the load of the in-between care for her for 15 years up until now. Why do we wish we could protect some of the money? Because us baby boomers can see the future for us, that some day we will be needing care and the way things are going, in 20 years the cost will be at least double and we won't be able to afford it and the government will be so broke it won't be there for us. The care will not be as good probably warehousing us (too many baby boomers needing it at the same time)
My point being, when a child tries to protect some of a parent's money, it doesn't mean they are hoping to inherit so they can buy a Florida condo or Lincoln Town Car. It could be they are scared for the future. I know I am.
Thank you for saying that, Glad. That's exactly the point here. In my post, I was trying to say pretty much the same thing, but you said it better than I. Why are the assets being protected when Mom needs care? Doesn't she deserve better than being treated as a 2nd class citizen (which, lets be realistic here, is what happens when you go on Medicaid in a nursing home). With her assets, Mom could have a very nice private room and all the "extras" that someone on Medicaid cannot afford.
I'm going to describe a couple of personal situations here, so forgive the length of this post - but this is exactly what can happen if you try to "protect" those assets and leave your Mom on Medicaid.
I have seen firsthand what happens when someone enters a nursing home on Medicaid - with both of my parents. Unless they require a private room for medical reasons (my Dad had C-Diff, so he had to have a private room to avoid infecting others), they will be placed in a shared room - and unless someone happens to pass away just before they enter the facility and leaves a window-side bed open, your loved one on Medicaid will be placed in the other corner of the room, which means a space approximately 10' wide and as long as their bed, behind a curtain that will likely remain pulled shut most of the time - so they can't even see out the window. Ever. Unless they happen to get a nice roommate who is willing to leave the curtain open, but 9 times out of 10, it doesn't happen that way. And if a Medicaid recipient wants a private room, someone else has to pay for it - because even with Medicaid, if the resident is on SS, the nursing home takes all of their income, with a small "discretionary" amount left each month.
Oh, and those private rooms? There's a difference in some nursing homes between a temporary private room used for a patient there for physical therapy and rehab after an illness or injury vs. those that are permanent residents. A temporary resident there for therapy gets a large, bright, sun-filled room on the front of the building, where they can look out and see the street and activities going on outside. They have a private bathroom and even a pretty electric fireplace, nightstand and 2 chairs with plenty of room to move around. A private-pay permanent resident room is about 3/4 of the size of a temporary room, with barely enough room for the bed, a recliner and nightstand, a window facing the rear of the building where if they're lucky, they might see a tree or two and a parking lot - otherwise they're looking at the other side of the building - so a wall. No fireplace, no room for any extra chairs, and they share a bathroom with the person in the next room. And someone has to pay $465 a month for that private room, in addition to what Medicaid pays and paying their SS to the nursing home too.
When my dad had to enter a nursing home, he had just a short time before agreed to sell my son his old van for $300. My son took possession of the van, paid out over $400 to get it insured tagged, etc - and then the van broke down the next day and was not repairable, so it had to be junked. Dad told my son to consider it paid in full, because he didn't know it was going to break down and he felt badly that my son had paid so much to get it on the road and then it died. A month later, Dad fell, was hospitalized and had to go into the nursing home on Medicaid. When Medicaid learned that the van had been transferred to my son's name, I had to go back to the junkyard that took it and get a signed statement from them that this non-running van had $0 value when it was transferred. THAT'S how picky they are about assets. So if they will go that far to pursue a $0 asset, what do you think they'll do with your mom's $300k assets?
My mom is now in a nursing home on Medicaid. The only things she owns are her vehicle and home. We have tried a shared room, and she becomes depressed because she's stuck behind that curtain that divides the room, as I mentioned before. When she becomes depressed, she talks about just "giving up" and "letting go", because life isn't worth living if she can't even look out the window. So yes, I pay the extra for a private room for her every month. If I sell the house, which is only worth about $30k if I'm lucky, every penny of that sale will have to go to the nursing home, because the transfer or divestment of that asset will make her ineligible for Medicaid until the money from the sale runs out (which would be all of about 4 months at the current rate the nursing home charges). If the house is transferred to my name, the same scenario occurs, except now she is ineligible for Medicaid, so the entire $7000+ per month would have to be paid out of pocket. When someone on SS only has about $1400 a month coming in, where is that going to come from?
If you somehow hide or "protect" your mom's assets and put her on Medicaid, all of the things I've mentioned are going to become your Mom's reality. Doesn't she deserve better, especially since she was apparently careful financially throughout her life and has the funds to obtain the best of care, at least for a while, until the money runs out and she *has* to go on Medicaid?
My advice: transfer NOTHING.
Any additional expense is required to be for Mom's needs and bills from her assets. Medicaid calls this "spenddown" to the amout of $2,000.00 then Medicaid will kick in.
Or another way would be for mom to purchase a long term care policy that will pay her expenses for a number of years until the benefit runs out.
And the elephant in the room? It is not at all appropriate to protect Mom's assets so there is inheritance remaing for the children when she has care needs. How would your Mom feel about being on a publicly funded program? How would you feel about being on a publicly funded program? Doesn't Mom deserve the best care options available?
Also remember your sister will be taking on a "thankless" job and the expense is high... She should inquire about a Caregiver Agreement with Mom's funds...
Mom can't take it with her BUT she can be comfortable through her remaining years without being a financial burden on her family...
If you do plan to take this asset protection approach you should hire and be willing to pay for a highly qualified estate planning attorney with experience in recommending asset managements. A guy who has a one shop elder law legal practice with emphasis on Medicaid might be suitable to provide Medicaid qualification advice, but with $300K you're talking about a significant amount to invest and I think would find better resources in a mid to large size law firm with an actual estate planning practice for people with what I'd consider high net worth.
I also ask the question: what else should her money be used for if not her care?