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Consult an eldercare attorney. Every situation is different.
when we close on my parents house next month my sisters and I will be paying Medicaid it’s due for both my father and mother’s care at the SNF. Five years ago I cared about keeping the house but their sorry situation just dragged on and on. It was depressing.
I reached the point where I honestly didn’t care anymore about the money, my freedom and ability to enjoy my retirement years were worth more to me than proceeds of their damn house.
This is a ? for the estate and trust attorney who did the “trust”.
But out of curiosity, is this a “trust” with real $$$ in it, owned by the Trust so $ invested and produces income? So investment enables Trust to internally pay all costs for whatever assets (eg a house) titled to the Trust as well as for Trust management costs? OR is this a house owned by the “family trust” as the only asset & elders use their own SSA or other income / savings to pay property costs as needed? If the latter is what you did, well imho, it was a waste of time & money unless the kids/potential heirs & their spouses are beyond 100% all kumbaya on equitably paying & dealing with all property costs always till sometime in the undetermined future of possibly years and years. Why?? Well LTC Medicaid requires in-a-facility elders to do a Share of Cost or copay to the facilty of almost all their income. Once they file a LTC application, they will have no-none-nada of their $ to pay property taxes, repairs, insurance, yard work etc on the house fully & legally owned by the Trust. All they have for restricted spending is the avg $50 or $75 a mo their State has allowed as their Personal Needs Allowance. Elder will have no way to pay homeowners insurance, prop taxes or even grass cutting on that “trust” titled house.
If that’s your story, either you & your siblings pay every penny on the house costs based on each % erstwhile ownership share as per the legal on the “trust” or whomever is POA on this albatross pays all costs and hopes the siblings are willing to reimburse those costs whenever the house is sold. Too bad, so sad for the POA if they won’t. If taxes are not paid, it will eventually go to County property tax delinquency and sold via a tax deed. Imo if LTC Medicaid filed for, having a stand alone house as the entire “irrevocable trust” runs a lot of risk that property care & costs will not be done. Likely a Sibling and their spouse who DNGAF about the house or have no $ to pay their %. If avg 30K annual for taxes, insurance, upkeep, someone other than the parents in a NH on LTC Medicaid better be able to readily pay.
You clearly need a copy of the trust documents to take hot-foot to a lawyer. Ideally go with someone else from 'the family', because they probably think this is all done and dusted, with no need for more advice. It would be interesting to find out what the original lawyer who set it up has to say - did they just do what was requested, or did they promise what the results would be?
Protecting Trusts from Medicaid is their forte. You need to consult with one in the state where your LO resides because every state has different regulations.
If it’s just a house retitled via to a “trust” owning it, it’s still has costs that have to be paid. If the prior old owners or those kids of theirs who hope to inherit it, don’t have the $ to pay property costs year after year, then it’s going to start to deteriorate, get blight notices, have no insurance to pay for damages and get sold by the County at delinquent tax sale.
The living / family trust document “mills” were a heavy scam a few years back. Done at a free dinner seminar with high pressure selling techniques. No guidance on how to do funding of a trust. They are document mills.
I am of a mind that the money we save should go to our care when we age, should we live so long, and not to our heirs. If some is left over for our heirs that's just lovely.
If YOU are of a mind to try to cheat the federal and state government by getting the taxpayer to front your care, I will leave you to the high-cost lawyers waiting more anxiously than your heirs to acquaint themselves with you.
So, real answer, see a Trust and Estate attorney for your options. And I will be so kind as to warn you that putting your money in an IRREVOCABLE TRUST takes it out of your hands that moment. You cannot after that control or retrieve or change your mind. You will be tossed, by those loving heirs, into a government funded memory care (read not as good a the plush ones) where you will (happily for your heirs) die a quicker death than at the ones that bow and scrape to keep you happy for years so that THEY can get your money instead of your heirs. Ah, this having of money is SUCH a dilemma! Isn't it?
You pay for needed care with your money and Medicaid will never bother you a bit. The taxpayers don’t deserve to pay for needed care so your trust can remain intact and untouched.
jdg1962, you would need to speak with an Elder Law Attorney. I believe there is an "Irrevocable Trust" that one can use to protect the family trust. One really huge negative for such a trust is if your parents needs funds today to fix something on the house, send a grandkid to college, travel around the world, or whatever, the parent cannot pull out any money from that Trust.
Please note, Medicaid is funded by State/Federal taxes. Just curious, why would you want us taxpayers to pay for your parent's care when they have money to pay for it themselves?
Never heard of "if your parents needs funds today to fix something on the house, send a grandkid to college, travel around the world, or whatever, the parent cannot pull out any money from that Trust"? Momma has a revocable trust and we pulled money out to have repairs done to the outside of her house, hardwood floors in her den and etc.
So apparently I am judgmental for saying self pay to keep medicaid away from trust. This from the OP in private message.
I guess I am if I think that we should pay our own way. Okay, I own that. People should use their own money to pay for care and not utilize social services unless they truly need it. This is directed at you jdg62.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
when we close on my parents house next month my sisters and I will be paying Medicaid it’s due for both my father and mother’s care at the SNF. Five years ago I cared about keeping the house but their sorry situation just dragged on and on. It was depressing.
I reached the point where I honestly didn’t care anymore about the money, my freedom and ability to enjoy my retirement years were worth more to me than proceeds of their damn house.
But out of curiosity, is this a “trust” with real $$$ in it, owned by the Trust so $ invested and produces income? So investment enables Trust to internally pay all costs for whatever assets (eg a house) titled to the Trust as well as for Trust management costs?
OR
is this a house owned by the “family trust” as the only asset & elders use their own SSA or other income / savings to pay property costs as needed?
If the latter is what you did, well imho, it was a waste of time & money unless the kids/potential heirs & their spouses are beyond 100% all kumbaya on equitably paying & dealing with all property costs always till sometime in the undetermined future of possibly years and years.
Why?? Well LTC Medicaid requires in-a-facility elders to do a Share of Cost or copay to the facilty of almost all their income. Once they file a LTC application, they will have no-none-nada of their $ to pay property taxes, repairs, insurance, yard work etc on the house fully & legally owned by the Trust. All they have for restricted spending is the avg $50 or $75 a mo their State has allowed as their Personal Needs Allowance. Elder will have no way to pay homeowners insurance, prop taxes or even grass cutting on that “trust” titled house.
If that’s your story, either you & your siblings pay every penny on the house costs based on each % erstwhile ownership share as per the legal on the “trust” or whomever is POA on this albatross pays all costs and hopes the siblings are willing to reimburse those costs whenever the house is sold. Too bad, so sad for the POA if they won’t.
If taxes are not paid, it will eventually go to County property tax delinquency and sold via a tax deed. Imo if LTC Medicaid filed for, having a stand alone house as the entire “irrevocable trust” runs a lot of risk that property care & costs will not be done. Likely a Sibling and their spouse who DNGAF about the house or have no $ to pay their %. If avg 30K annual for taxes, insurance, upkeep, someone other than the parents in a NH on LTC Medicaid better be able to readily pay.
Protecting Trusts from Medicaid is their forte. You need to consult with one in the state where your LO resides because every state has different regulations.
If it’s just a house retitled via to a “trust” owning it, it’s still has costs that have to be paid. If the prior old owners or those kids of theirs who hope to inherit it, don’t have the $ to pay property costs year after year, then it’s going to start to deteriorate, get blight notices, have no insurance to pay for damages and get sold by the County at delinquent tax sale.
The living / family trust document “mills” were a heavy scam a few years back. Done at a free dinner seminar with high pressure selling techniques. No guidance on how to do funding of a trust. They are document mills.
If YOU are of a mind to try to cheat the federal and state government by getting the taxpayer to front your care, I will leave you to the high-cost lawyers waiting more anxiously than your heirs to acquaint themselves with you.
So, real answer, see a Trust and Estate attorney for your options.
And I will be so kind as to warn you that putting your money in an IRREVOCABLE TRUST takes it out of your hands that moment. You cannot after that control or retrieve or change your mind. You will be tossed, by those loving heirs, into a government funded memory care (read not as good a the plush ones) where you will (happily for your heirs) die a quicker death than at the ones that bow and scrape to keep you happy for years so that THEY can get your money instead of your heirs.
Ah, this having of money is SUCH a dilemma! Isn't it?
Please note, Medicaid is funded by State/Federal taxes. Just curious, why would you want us taxpayers to pay for your parent's care when they have money to pay for it themselves?
I guess I am if I think that we should pay our own way. Okay, I own that. People should use their own money to pay for care and not utilize social services unless they truly need it. This is directed at you jdg62.