What do you know about testamentary trusts?A trust protects your assets and determines where those assets will go once you are gone. Three common types of trusts are a revocable trust, an irrevocable trust, and a testamentary trust.Most trusts, like revocable and irrevocable trusts, are made and actively used while the trustor (or the creator of the trust) is still alive. In contrast, a testamentary trust only comes into being after the trustors passing. A testamentary trust is created based on explicit instructions written into a will. In it, a trustee, (or the person who manages the assets on behalf of beneficiaries of the trust) is appointed and given instructions on how to distribute the estate. The trustee can decline the position. If a trustee does decline the position, a court can appoint someone to act as trustee. It is best to select a trustee that is willing and able to administer your estate after you are gone in order to limit the courts involvement. Advantages of testamentary trusts:There are many advantages to creating a testamentary trust. The following are reasons that you may want to consider setting up a testamentary trust.1. A testamentary trust can establish that assets cannot be paid to beneficiaries until certain conditions are met. This is especially helpful for parents who wish to condition the receipt of funds for children. For example, you may condition the disbursement of assets on a child reaching a certain age, graduating from college, or marriage. 2. A will can have more than one testamentary trust, meaning that there is no limit to the number of beneficiaries one can have. This ensures that assets will get distributed according to your desires, depending on the conditions you set. 3. Creating a testamentary trust is inexpensive. A testamentary trust does not come with the same costs as establishing a living trust. This can be beneficial if you cannot afford to establish a trust because the cost of creating a testamentary trust comes out of the estate. 4. There are tax benefits in using a testamentary trust as opposed to another type of trust. Testamentary trusts only require payment of income taxes on the trust as a whole. This means that the beneficiaries are not required to pay taxes on their distributions from the trust.Disadvantages of testamentary trusts:There is one major downside to establishing a testamentary trust: a testamentary trust must go through probate. Probate is the court procedure by which assets are distributed after an individual has passed away. Probate can be extremely expensive and lengthy. Assets cannot be distributed until probate is complete and assets are then transferred into the trust.Knowing what type of trust is right for you can seem confusing and difficult. We are here to help you decide what plan is right for you based on your individual circumstances and needs. If you have any questions about how to plan for your future and the future of your loved ones, contact us today at 385.334.4030 or email@skvlegal.com.
Funding your revocable trust is just as important as creating it. However, many people dont know what funding a trust means. Funding a trust is accomplished by retitling assets into the trusts name rather than your own. Incorrectly funding a trust can become very problematic. Consequences of not re-titling assets:There are a variety of reasons why we require and help our clients retitle their assets into the trusts name. Here are three reasons that you should retitle your assets: 1. Your assets may be subject to probate if they are not retitled. Probate is the legal process by which assets are distributed after death. It is best to avoid probate because it can be time consuming and expensive. And if your assets are owned by your trust and not you, they do not need to go through this process in order to be dispersed. 2. It makes the administration much simpler. When assets are already owned by the trust by retitling, there is less room for confusion about asset ownership and distribution. 3. Retitling can help protect your assets from lawsuits, creditors, and people you may wish to keep away from your assets. The whole point of creating a trust is to make a plan for how your belongings will be handled. But, if they are not correctly titled in the name of the trust, the plan you so carefully created flies straight out the window. What assets need to be retitled:A revocable living trust protects your assets and determines who your assets will go to once disbursements are made. To begin creating a revocable living trust, think about what assets you have and who you want to leave them to. As weve said, retitling your is a crucial step in creating a trust because it effectively transfers ownership of the asset to the trust. Titling, as a legal term, identifies who owns an asset. When it comes time to disburse the trusts assets the trust has the power to give out the assets it owns. Certain assets must be retitled in order to pass out of your possession and into your trust. These include:Bank accountsRetirement accountsLife insuranceHealth insuranceInvestment accountsReal estate Vehicles We would be happy to help you determine if your assets need to be retitled, because chances are, they do.How to retitle assets:Funding a revocable living trust involves transferring assets from the trustor, or the creator of the trusts individual name to the name of the trust. This means literally changing the names on your assets from your name into the name of the trust. Retitling assets is a straightforward process. However, it does differ from asset to asset.For real estate, retitling involves a deed. For example, if you own a home, the home is currently deeded in your name, even if there is a valid mortgage. In order to change the title of your house, deed it from yourself and into the trust. This can be achieved through a Warranty Deed or a Quitclaim Deed. The deed must then be signed, notarized, and recorded in the county where you live. To retitle a bank/ retirement/ investment/ insurance account, simply contact the bank or institution that holds the asset and request a change in ownership from your name to the trusts name. You can also request that the Trust be designated as the accounts pay on death beneficiary if you would like to retain ownership of said account while you are still living. We should note that the institution that manages your asset may require documentation stating that you are trustee of the trust. Correctly funding your revocable living trust by retitling your assets is the only way to ensure that you are correctly passing ownership and into the ownership of your trust. We want to help you understand how best to protect your assets for smooth and effective administration. Reach out to our team today at 385.334.4030 or email@skvlegal.com.
Each fall, the Centers for Medicare & Medicaid Services (CMS) renews the federal guidelines that seek to protect individuals whose spouses are applying for or receiving Medicaid long-term care benefits.These protections, known as the Spousal Impoverishment Standards, help to support the financial well-being of seniors who continue residing at home while their spouse on Medicaid lives in a long-term care facility, such as a nursing home.Qualifying for Medicaid Long-Term Care BenefitsLong-term care is prohibitively expensive for many, so a large share of adults aged 65 and older rely on Medicaid to help cover the costs.To qualify for Medicaid long-term care benefits, however, one must generally have very limited resources. In most states, the asset limit is set at $2,000. (Certain assets, such as personal belongings and the applicants primary residence, do not count toward this limit.) The applicants income typically goes to the nursing home as well, with some exceptions.So, what happens if a person who qualifies for Medicaid long-term care is married? How can their healthy spouse afford to remain on their own at home? This is where the Spousal Impoverishment guidelines help.2024 Spousal Impoverishment FiguresCommunity Spouse Resource Allowance (CSRA)A spouse who continues living at home while their partner receives long-term care coverage through Medicaid can keep up to $154,140 in assets starting in 2024.The healthy spouse, or so-called community spouse then has a minimum amount of assets to live on without rendering their Medicaid spouse ineligible for benefits. This special protection is known as the Community Spouse Resource Allowance (CSRA). The maximum CSRA generally rises each year; in 2023, it was $148,630.Meanwhile, according to federal law, no state can set the minimum CSRA below $30,828 as of 2024.Monthly Maintenance Needs Allowance (MMNA)In addition to CSRA, the federal government offers another level of protection for the community spouse: the Monthly Maintenance Needs Allowance (MMNA).The MMNA ensures that the healthy spouse who continues to live in the couples home maintains a certain amount of monthly income while their partner receives their Medicaid long-term care coverage. (Learn more about the ins and outs of MMNA.)In 2024, the maximum MMNA will be $3,853.50 (up from $3,715.50 in 2023). Again, this is the most in monthly income that the community spouse can keep while their spouse lives in a long-term care institution. If the healthy spouse does not make enough income to live on, this allowance comes from the income of the spouse on Medicaid.Note that the minimum MMNA for 2024 can vary depending on your state. Alaska and Hawaii typically have slightly higher minimums. The federal government updates the minimum MMNA each July.A Note on Income Cap StatesCertain states have in place a Medicaid income cap. If you reside in one of these income cap states, you will not qualify for Medicaid if your income equals more than $2,829 (in 2024) unless you have a certain type of trust in place. This trust, known to many as a Miller Trust, must hold any income you receive that is above that cap.As of 2023, the 23 income cap states were Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Iowa, Kentucky, Louisiana, Mississippi, Nevada, New Mexico, New Jersey, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, and Wyoming.Home Equity LimitsAs mentioned above, Medicaid does not consider the primary home of an applicant as a countable asset, unless the applicants equity interest in their home is above a certain amount.Your home equity equals your homes value minus the sum of any loans you owe on the home. In 2024, the home equity limit is set to $713,000. (Some states choose to raise this limit to $1,071,000.)Contact Entrusted Legacy Law at 412-547-9855 to schedule a complimentary 15-Minute call.