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Living Trust

Today's Q&A on ElderCareMatters.com is about whether elders should gift to their adult children

Question:  I am 75 years old and have a modest amount of savings, a home without a mortgage and a small retirement pension plus my monthly social security check.  I am in relatively good health, and quite candidly hope to live for another 10-15 years.  I have one child who is in her 50s but can’t seem to keep a job or a marriage.  She is again without a job and is now divorced for the 3rd time.  My question is whether I should start gifting her my money and perhaps gift her my home as well in anticipation of my needing nursing home care in the future.  What would you recommend I do from a financial planning perspective, factoring in the fact that elder care cost so much in California?”

Answer:  It is great to hear that you are in good health, but your finances may not be as healthy as you are.

The good news is that your estate is under the current $5 million limit, so there are no estate tax issues.

The bad news is that, based on your information, you have very limited liquidity, and liquidity is the secret of financial survival.  In my opinion, you need to have $1 million in liquidity, that is cash, stocks, or a pension plan, so that you are financially secure during retirement.

Also, there is a real concern about Medicare.  Will it be around in 10 years and will it pay the lion's share of your medical expenses in the future, and if not, will you be able to afford these medical expenses? 

Another concern that you should have is that California is bankrupt.  What affect will this have on its ability to provide California residents with Medi-Cal benefits?

If you have not done so already, I would suggest that you do the following:

  1. Meet with a financial planner to develop a financial "road map".
  2. Meet with an attorney to have the following legal documents prepared:  Power of Attorney for Health, Power of Attorney for Finances, and a Living Trust (which can help your estate avoid the high cost of Probate)  

Finally, regarding your daughter.  I would suggest that at 50 years of age that she assume responsibility for herself–that she find a job, and perhaps start thinking about taking care of you and your elder care needs.

Hope this helps.

Orlando J. Antonini, CPA/PFS, CFP, QFP, RIA, NCG
Antonini CPAs LLP
San Francisco, California
Member of the national ElderCare Matters Alliance, California chapter

Question of the Day on ElderCareMatters.com: "I am an Elder Care Professional with 15 years experience in helping families with their elder care matters. Should I be listed on ElderCareMatters.com?"

Answer:  If you are a professional who helps families plan for or deal with ANY of their elder care matters, then you owe it to yourself to be listed on America's #1 online source for "Elder Care Experts"….

ElderCareMatters.com

ElderCareMatters.com is where you will find more than 2,000 competent, caring elder care experts located across America, including:

  • Elder Law Attorneys
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This is also where you will find some of America's best:

  • Assisted Living Communities
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Together, we provide families across America with:

  • Unparalleled professional expertise
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So if you are a competent, caring elder care professional who helps families with ANY of their elder care matters, then request today an Application for Membership in the national ElderCare Matters Alliance and get listed on ElderCareMatters.com - America's #1 source for "Elder Care Experts" plus information and answers about a wide range of elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
ElderCareMatters.com

 

 

 

Question of the Day on ElderCareMatters.com: "My husband and I had never purchased long term care insurance, since it was too expensive. Now that he has passed away, I am concerned that I might become a burden for my children. Are there any options for me at my age?”

Answer:   Yes, there are planning steps you can take now.  First, check with your local agencies, such as the Area Council on Aging to find out what eldercare services are available in your area. You may find that there are adult day care centers that cost nothing or are very reasonably priced. Next, determine out what the cost of eldercare is in your community. These providers will include home health care agencies, nursing homes, and assisted living facilities. Prices vary, so survey the market carefully.

Involve your children and inform them of your wishes in the event you need custodial eldercare services, and write down your wishes. Name one of your children or friends that you trust as your eldercare coordinator. As an aside, it is always a good idea to consult with an attorney and have a durable power of attorney drafted, as well as a living will.

If you have assets available for possible eldercare expenses, you should designate those as being for that purpose. If you have existing life insurance or annuity policies, it may be possible to leverage those products by re-positioning them into products that can provide enhanced eldercare dollars in the event that you need them. Check with your financial advisor.

To find  competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Gregory D. Roberts, CFP, CLU, ChFC, CLTC, EA
Life Solutions
Aiken, South Carolina  29803
803-617-9805
Member of the national ElderCare Matters Alliance, South Carolina chapter 

Question of the Day on ElderCareMatters.com: "My brother has a severe handicap due to a birth defect. He has been receiving disability benefits through social security, as well as some state aid. When my parents die, if my brother inherits from my parent’s estate, will he be denied benefits due to the inheritance?"

Answer:  In most cases I have recommended that the parents set up a living trust using "handicapped" language for the disabled child. This provides the disabled child supplemental care without loss of federal or state benefits and provides a better lifestyle. In addition, other children that are not disabled or handicapped can inherit their shares in a normal manner. There is no need to "disinherit" the disabled or handicapped individual. 

In some cases a "Medicaid payback" trust may be used where the disability is the result of an injury or an accident and there is a sizeable insurance settlement that might reduce or eliminate Medicaid benefits. The theory is that the settlement dollars will be invested and the "payback" to Medicaid upon the death of the beneficiary will still leave a significant amount for the beneficiary's heirs, siblings or others.

To find competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

William "Bill" Brown, Attorney at Law
2999 E. Dublin-Granville Road
Suite 217
Columbus, Ohio  43231-4030
614-890-9099
Member of the national ElderCare Matters Alliance, Ohio chapter

Question of the Day on ElderCareMatters.com: "I am eighty years old and in excellent health. I have family and friends who can act as executors of my Will and Living Trust. I also have a power of attorney and a Health Care directive However, I don't feel that they would have the expertise to administer my estate (modest though it is). Do I need an Elder Care Lawyer or an Estate Planning Lawyer to help my executors in the case of a serious illness or my demise? What is the cheapest way to get the service that I need?"

Answer:  It is a great idea to have a relationship with an elder law attorney so that your family and friends know who to turn to if something were to happen.  The attorney can help them with decisions if you have a serious illness or require extended care.  The attorney can also help them through the estate administration process after you pass away.  Creating a relationship with a good elder law attorney does not have to be expensive.  Many attorneys either charge a fixed fee for their help or charge hourly only for the work they do for you.  When you meet with an attorney, he or she can talk about how they charge and help work with you to make sure that you are comfortable with how things would be handled.

To locate competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

Angela N. Manz, Attorney at Law
The Law Firm of Angela N. Manz
Virginia Beach, VA  23452
757-271-6275
Member of the ElderCare Matters Alliance, Virginia chapter