Author: Matt Brehmer

I am an attorney at Remley & Sensenbrenner, S.C. in Neenah, Wisconsin. My focuses are estate planning, tax, real estate, probate and business. Additionally, I am currently studying for the CPA exam. I graduated summa cum laude from South Texas College of Law in Houston, Texas. I completed my undergrad at the University of Wisconsin - La Crosse with majors in accounting, finance and economics.

Estate Tax Update: Initial Thoughts

The Tax Cuts and Jobs Act of 2017 was signed into law on December 22, 2017, and became effective January 1, 2018 (the “Act”). While most of the Act is made up of provisions that change individual and business income taxes, there were some significant changes to the Estate Tax laws.

We are still awaiting guidance from the IRS with respect to some of the provisions; however, this post will inform you with respect to some of the major changes in the Estate Tax laws and my initial thoughts on some planning opportunities. Note that as these new laws are analyzed and examined, it is anticipated that more planning opportunities will develop and I will update this blog as to such opportunities once further developed. The main purpose of this post is to advise you of the changes made and to give you a starting point when considering your own individual planning.

The Estate Tax is the tax that is assessed against an individual’s total estate and all assets included in such estate when that individual passes away. The Estate Tax rate of 40% did not change. However, the most significant change was the Estate Tax exemption amount doubled. Under the old law, the exemption amount was set to increase to $5,490,000 per individual and $11,180,000 per married couple in 2018; instead, the Act increased this exemption amount to $11,180,000 per individual and $22,360,000 for married couples. Therefore, if an individual passes away with total estate assets valued at less than that exemption amount (including all lifetime gifts), no Estate Tax would apply on such individual’s estate.

This significant increase in the Estate Tax exemption amount presents a number of planning considerations:

  • If an individual already used part or all of their Estate Tax exemption as part of their planning under the old law, that individual now has at least an additional $5,000,000 in exemption that they could now use in their planning.
  • Whether or not an individual has used any of their Estate Tax exemption amount already, much consideration should be given as to whether to use some or all of the exemption now. This is because one major piece of this new Act is that it sunsets in year 2026. This means that if no action is taken by Congress before 2026, the Estate Tax exemption amount will go back down to the old law exemption amounts (which would be approximately $6,000,000 per individual in 2026 with inflation adjustments). Thus, it is important to at least consider taking advantage of this increased exemption now. However, the question then becomes, if this new increased exemption amount does sunset in 2026, what will Congress do about individuals who have used more than that new lower exemption amount (i.e., the $6,000,000 exemption)? Will they be grandfathered in and those assets above that amount still not be subject to Estate Tax? Will the amount above the new lower exemption amount be brought back into their estate when they pass away and thus be subject to Estate Tax? These are some of the questions we are still looking to the IRS for guidance on.
  • This new Act retains the right of the surviving spouse to “port” over the deceased spouse’s unused exemption amount. What this means is if one spouse passes away without using their $11,180,000 exemption, the surviving spouse can elect to “port” over that $11,180,000 exemption in order to retain the benefit of that exemption when that surviving spouse later passes away. This can be extremely beneficial and must be considered as part of every estate plan and when a spouse passes away. Our thought is that even if the exemption amount sunsets in 2026, that this “ported” amount would still be allowed (if a spouse passed away between 2018 and 2026), even at the higher exemption amount. However, there has not been any IRS guidance on this yet. Furthermore, portability should also be used in conjunction with an exemption trust to allow the surviving spouse maximum flexibility.
  • All of the planning tools that were at our exposure before are still available; the impact of such planning may have changed though. Very briefly and generally, the benefits and risks of Estate Tax planning at this conjuncture are as follows:

Benefits of Estate Tax Planning

  • Using the Estate Tax exemption while it is available at this increased amount and before it goes away (possibly in 2026 or even sooner if other political changes occur) can be a substantial benefit to transfer more out of your estate tax-free.
  • Any appreciation on such assets after being transferred will also be out of your estate, providing even more Estate Tax savings.
  • Not only does it lower the Estate Tax at death, it can also lower your income taxes if you are no longer receiving the income from those assets after you gift them away.

Risks of Estate Tax Planning

  • We don’t know what will happen when the new Act sunsets in 2026, if that happens. Will the IRS conclude that any amount in excess of the lower exemption amount comes back into your estate? If that happens, will your estate have enough left to even pay the Estate Tax due?
  • If planning is done, what exemption does it use if you give away less than the future sunset exemption amount (which we believe will be approximately $6,000,000)? For example, if you give away $4,000,000 when the exemption amount is the current $11,180,000 and then later the exemption goes down to $6,000,000, do you only have $2,000,000 of exemption left ($6,000,000 new exemption minus $4,000,000 gifted) or $6,000,000 ($11,180,000 old exemption minus $4,000,000 gifted, but since over the current $6,000,000, capped at $6,000,000)?
  • For any assets in your estate at your passing, such assets receive a step-up in basis, which means your beneficiaries will not pay capital gain tax on any appreciation up until the date of death. However, for any assets transferred out of your estate, your beneficiaries lose the benefit of the step-up in basis on such assets (i.e., if the asset is sold, the beneficiary will pay capital gain tax on all appreciation). Thus, this loss of the step-up in basis and the assessment of the capital gains tax needs to be weighed against the Estate Tax.
  • What does the future hold? What will the value of the assets in your estate be when you pass away? Markets can change. What will the Estate Tax law in effect be when you pass away? Political turbulence and changes have this Estate Tax law in a constant flux.

My hope is that this information is helpful and gives you some ideas to consider.

-Matt

© 2018 Matthew D. Brehmer and Crummey Estate Plan.

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GOP Tax Reform Proposal

The GOP has released its “Unified Framework for Fixing Our Broken Tax Code”.  Unfortunately, the framework is heavy on generalities and light on specifics, so there is still a long way to go.  Nonetheless, I wanted to take this opportunity to discuss the proposals, and provide some observations, as follows:

Standard Deduction/Personal Exemptions.  The plan roughly doubles the existing standard deduction – making it $24,000 for married taxpayers filing jointly (as compared to $12,700 under current law), and $12,000 for single taxpayers ($6,375 under current law).  In doing so, however, the former personal exemptions for the taxpayers (currently $4,050 per person) are eliminated.  The idea behind this increased deduction is to exclude more income, thus reducing the tax burden and even reducing the number of taxpayers required to file a tax return.

Observation 1 – By eliminating the personal exemptions and increasing the standard deduction, the plan results in only a modest increase in the aggregate deduction, shown as follows:

                                                                     Single Taxpayers                   Married Filing Jointly 

                                                                   Current       Proposed               Current           Proposed

Standard Deduction                           $   6,350       $ 12,000              $ 12,700          $ 24,000

Personal Exemptions                          $   4,050       $          0              $   8,100          $          0

Total Deduction/Exemptions           $ 10,400       $ 12,000              $ 20,800          $ 24,000

Observation 2 – The above example assumes no children or other dependents. If you include one dependent in the above example, the Personal Exemption amounts would go to $8,100 and $12,150 respectively. Thus, the Total Deductions/Exemptions for a single person with one dependent would be $14,450; and for a married couple with one dependent it would be $24,850. Therefore, with only one dependent, under the current law the amount of the aggregate deduction would be higher than the new standard deduction under the proposed law.

Observation 3 – The standard deduction benefits only those taxpayer who do not itemize their deductions.  In other words, if a taxpayer does not have itemized deductions in excess of the standard deduction, then they can claim the standard deduction.  If, on the other hand, the taxpayer’s itemized deductions are in excess of the standard deduction, the taxpayer would forego the standard deduction and choose instead to itemize.  Under current law, a taxpayer who itemizes deductions would nonetheless still receive the benefit of the personal exemptions (although taxpayers with adjusted gross incomes in excess of $313,800 for MFJ and $261,500 for individual saw those exemptions phased out).  Taxpayers who itemize under the proposed law will no longer receive the benefit of the personal exemptions, thus lowering their aggregate deduction.

Planning Idea – Taxpayers whose itemized deductions in any given year are close to the standard deduction amount will want to consider doubling up the payment of itemized deductions every other year.  The idea would be to itemize in year one, take the standard deduction in year two, itemize again in year 3, and so on.  This will maximize the total deductions benefitting the taxpayer.

Individual Income Tax Rates.  Under current law, the income tax rates on individuals consist of seven brackets – 10%, 15%, 25%, 28%, 33%, 35% and 39.6%.  The proposal is to reduce this to three brackets – 12%, 25% and 35%.  The lowest bracket is higher under the proposal than under current law; however, the idea is that the increased standard deduction and the increased child tax credit (discussed later) will offset any additional cost.

The proposal also leaves open the possibility of an additional top tax rate on the highest-income taxpayers, although there is no indication of a proposed tax rate or the income threshold over which that rate would apply.

Observation 4 – There is no indication of the income thresholds to which each of the newly-proposed brackets would apply.  As a result, there is no way to compare the tax burden under the current law versus the proposed law.

Observation 5 – There is also a provision whereby the individual income tax rate on business income from small businesses operated as sole proprietorships, partnerships, or S corporations would be limited to a maximum of 25%.  This is to reduce the tax burden on the owners of small businesses that operate as pass-through entities.  It is unclear how the proposed law will define the distinction between business income and non-business income for this purpose.

Child Tax Credit.  The proposal is to increase the amount of the refundable and non-refundable child tax credit for low and middle-income taxpayers, and to increase the threshold of income levels at which this credit is phased out.  However, the plan proposal specifies neither the amount of the credit, nor the applicable income threshold.

Middle Class Tax Relief.  The proposal contains a sentence stating “the committees will work on additional measures to meaningfully reduce the tax burden on the middle-class.”  The proposal provides no specifics in this regard, nor what will be considered “middle-class.”

Alternative Minimum Tax.  The alternative minimum tax (AMT) has become an increasing problem for many taxpayers over the last couple of decades.  The AMT was originally designed to ensure that high income taxpayers pay at least a minimum amount of tax.  With much tinkering over the years, the AMT now impacts many more taxpayers than it was ever designed to do.  The proposal would repeal the AMT.

Observation 6 – The AMT effectively disallowed the deduction of certain itemized deductions for those taxpayers who were subject to the AMT.  Many of these taxpayers have been deferring the payment of itemized deductions because the AMT disallowed  deductions such as state income taxes, investment fees, etc., and there was the hope of a repeal.  The repeal of the AMT might benefit those persons who have been deferring these payments; however, many of these itemized deductions are now on the chopping block under the proposal anyway (see below).

Itemized Deductions.  The proposal indicates it will eliminate most itemized deductions, retaining only the deductions for home mortgage interest deduction and charitable contributions.  Most notably, the deduction for state income taxes paid would be eliminated.

Observation 7 – The proposal does not specify an effective date for the repeal of the itemized deductions.  I believe it is unlikely this change would be retroactive to January 1, 2017.  However, it could be effective as of the date the proposal was released (September 27, 2017), or perhaps prospectively from the date of passage of a new law, or some specified date thereafter.

Planning Idea – It may be beneficial to accelerate the payment of the itemized deductions that will be repealed, in order to obtain a tax benefit in 2017 for those deductions.  There is a risk, however, that those deductions may be of no benefit if the effective date of the repeal is prior to their payment.

Work, Education and Retirement.  The proposal says it will retain tax benefits that encourage work, higher education, and retirement security, and that the committees are encouraged to simplify these benefits.  There are no further specifics in this regard.

I have, however, heard other proposals regarding retirement accounts, specifically Individual Retirement Accounts (IRAs). Under current tax law, if a beneficiary inherits an IRA, then that beneficiary may be able to “stretch” that IRA out over that beneficiary’s lifetime, thereby allowing tax deferral of that IRA. However, I have heard that there is a proposal to eliminate this “stretch out” and require the beneficiary to instead liquidate the IRA within five years of the original IRA owner’s death, thereby accelerating recognition of the IRA within that five year period. This could have a significant impact on IRA beneficiary planning in the future.

Estate Tax Repeal.  The proposal is to eliminate the estate tax and the generation-skipping transfer tax.  It does not, however, eliminate the gift tax (the proposal is silent on the gift tax). I plan to expand on the impact of this in a later Blog Post.

Observation 8 – Under current law, an asset held by a decedent at death, and included in the decedent’s estate, is allowed a step-up in the cost basis of that asset to its fair market value on the date of death.  This effectively erased any pre-death appreciation on these assets that would otherwise be subject to capital gain tax. There is no mention in the proposal whether this step-up in basis would still be allowed, or whether the basis of the decedent would instead carry over to the beneficiaries, or whether there would be a forced recognition of gain at death.

Observation 9 – Under current law, the gift tax and estate tax enjoyed a lifetime exemption effectively precluding tax on the first $5,490,000 of transfers (in excess of annual exclusions and indexed for inflation each year).  While it appears the gift tax would remain in effect, there is no indication whether the amount of annual exclusion (currently $14,000 for 2017) or the lifetime exemption would remain the same, or become an entirely different amount.

Tax Rate Structure for C Corporations.  The proposal is to reduce the maximum tax rate on “C” corporations to 20%.  This is below the average tax rate for the industrialized world and is intended to keep companies from moving operations overseas.

Expensing of Capital Investments.  The proposal is to allow the immediate expensing of capital investments (other than structures) for depreciable assets purchased and placed in service any time during the five year period following September 27, 2017.

Repatriation.  There are also some proposals to encourage the repatriation of money currently held overseas by U.S. companies, as well as to discourage U.S. companies from leaving the U.S.  There is little specificity with regard to these proposals.

I had hoped, by this time this year, we would have a more specific idea of the proposed tax laws, such that we could begin the implementation of some tax planning ideas.  Unfortunately, it appears we have a long way to go before these proposals become law.  It is likely some of these proposals will be tweaked, others deleted, and still others added.

To read the Tax Proposal yourself click Here.

I hope this helps!

-Matt

 

© 2017 Matthew D. Brehmer and Crummey Estate Plan.

2017 Estate and Gift Tax Update – A Quick Snapshot

Every year I like to post a quick Estate and Gift Tax update for you to reference throughout the year. This way, if you’re anything like me, you won’t find yourself constantly “Googling” different estate and gift tax thresholds at the beginning of the year for a quick refresher on the updated thresholds. The purpose of this post is to provide a snapshot of some of the most common 2017 estate and gift tax thresholds, tax rates, exemptions, elections, etc. Feel free to use this how you see fit. Additionally, if you have any other commonly used 2017 estate and/or gift tax updates that I may have left off the list, please feel free to leave them in the comments.

Federal Gift Tax

  • Lifetime Exemption: $5,490,000
  • Annual Exclusion: $14,000
  • Gift-Splitting: Yes, if married and spouse consents (i.e., annual exclusion is $28,000 for married couples)
  • Rate: 40% on gifts above the lifetime exemption (plus the annual exclusion)

Federal Generation-Skipping Transfer Tax

  • Exemption: $5,490,000
  • Portability: No
  • Rate: 40% on generation-skipping transfers above the exemption

Federal Estate Tax

  • Exemption: $5,490,000 (exemption is decreased by lifetime gifts)
  • Portability: Yes (i.e., surviving spouse may elect to use deceased spouse’s unused exemption, in effect, giving married couples an exemption of $10,980,000)
  • Rate: 40% on the value of the estate above the exemption amount

Federal Income Tax for Trusts and Estates

  • Tax Brackets: see chart below
  • Tax Rates: see chart below
  • Net Investment Income Tax: A 3.8% surcharge tax on net investment income applies to trusts and estates that are above the $12,500 income threshold (i.e., the marginal tax rate on net investment income above that threshold is then 43.4%)
  • Distributable Net Income: Net income that is distributed to beneficiaries of a trust or estate is taxed at the beneficiaries’ level and not at the trust or estate’s level
Chart: Federal Income Taxation of Trusts and Estates
If Taxable Income is: The Tax is:
Not over $2,550 15% of the taxable income
Over $2,550 but not over $6,000 $382.50 plus 25% of the excess over $2,550
Over $6,000 but not over $9,150 $1,245.00 plus 28% of the excess over $6,000
Over $9,150 but not over $12,500 $2,127.00 plus 33% of the excess over $9,150
Over $12,500 $3,232.50 plus 39.6% of the excess over $12,500


State Taxes

Each State has its own set of rules when it comes to estate tax, gift tax, inheritance tax, and income taxation of trusts and estates. Be sure to check with a professional in your State for an update.

For a complete summary of all 2017 Federal tax-related inflation adjustments see Rev. Proc. 2016-55, available here: https://www.irs.gov/pub/irs-drop/rp-16-55.pdf.

I hope this helps!

-Matt

 

© 2016 Matthew D. Brehmer and Crummey Estate Plan.

When do Powers of Attorney Start and End?

One common estate planning misconception is when Powers of Attorney start and end. A Power of Attorney is a tool used to grant authority to someone to act on your behalf in case they need to. Powers of Attorney can start or be effective either immediately or springing.

Health care Powers of Attorney, which allows someone to make health care decisions on your behalf, are effective only if you are not able to make decisions for yourself, whether that is because of a physical ailment, such as being unconscious, or a mental illness.

A financial Power of Attorney on the other hand can be effective immediately or springing. A financial Power of Attorney allows someone to make financial decisions on your behalf. If effective immediately, that means the moment it is signed the person can start making decisions on your behalf. If it is springing, the person can only make decisions on your behalf if you are unable to, again such as if you are unconscious or have a mental illness.

Whether to make it effective immediately or springing is an important decision. Most people choose to make if effective springing because they only want someone to make decisions on their behalf if they are unable to; however, some people do decide to have it effective immediately so their agent can make decisions right then and there and going forward. A lot of times this may be in the case of a person who is elderly or travels a lot.

When the Power of Attorney ends is another misconception. The Power of Attorney ends immediately upon death. That means your agent no longer has authority to make financial decisions on your behalf, whether that means writing checks, paying bills, or getting funds out of your account. As soon as you pass away, that authority transfers to the personal representative or executor under your Will or the trustee under your trust. If not planned properly, that could mean that the personal representative or executor may not have access to any of the decedent’s funds until a probate process is opened and the court grants that personal representative or executor with the proper authority to access those funds to pay your bills and final expenses, meaning weeks if not months of delay. Thus, proper planning can solve all of these issues.

If you have any questions regarding your Powers of Attorney or you do not have any please contact me.

-Matt

© 2016 Matthew D. Brehmer and Crummey Estate Plan.

When are Powers of Attorney Required?

One common estate planning misconception is when powers of attorney are required.

Powers of attorney are required if you are determined to be incompetent. Incompetency can mean a mental illness or a physical ailment, such as being unconscious.  What a power of attorney does is grant someone with authority to make decisions on your behalf.

Most people don’t realize that a power of attorney is required even if it is your spouse or child. For your child, once they turn 18, a power of attorney is required for someone to make decisions on their behalf.

A spouse does not automatically have the right to make decisions on behalf of their significant other. In most cases this won’t matter since you are most likely a joint owner on their checking account anyway. However, for example, if you wanted to sell your home, you would need a power of attorney if your spouse is incompetent.

Without a power of attorney, the only other way to be granted with the required authority is to go through a relatively long and costly guardianship court procedure. A power of attorney is a simple way to fix this problem.

If you don’t have any powers of attorney in place or if you have any questions, please contact me.

-Matt

© 2016 Matthew D. Brehmer and Crummey Estate Plan.

2016 Estate and Gift Tax Update – A Quick Snapshot

Last year it dawned on me that a lot of us out there, including myself, find ourselves constantly “Googleing” different estate and gift tax thresholds throughout the beginning of the year for a quick refresher on the updated thresholds. The purpose of this post is to provide a snapshot of some of the most common 2016 estate and gift tax thresholds, tax rates, exemptions, elections, etc. Feel free to use this how you see fit. Additionally, if you have any other commonly used 2016 estate and/or gift tax updates that I may have left off the list, please feel free to leave them in the comments.

Federal Gift Tax

  • Lifetime Exemption: $5,450,000
  • Annual Exclusion: $14,000
  • Gift-Splitting: Yes, if married and spouse consents (i.e., annual exclusion is $28,000 for married couples)
  • Rate: 40% on gifts above the lifetime exemption (plus the annual exclusion)

Federal Generation-Skipping Transfer Tax

  • Exemption: $5,450,000
  • Portability: No
  • Rate: 40% on generation-skipping transfers above the exemption

Federal Estate Tax

  • Exemption: $5,450,000 (exemption is decreased by lifetime gifts)
  • Portability: Yes (i.e., surviving spouse may elect to use deceased spouse’s unused exemption, in effect, giving married couples an exemption of $10,900,000)
  • Rate: 40% on the value of the estate above the exemption amount

Federal Income Tax for Trusts and Estates

  • Tax Brackets: see chart below
  • Tax Rates: see chart below
  • Net Investment Income Tax: A 3.8% surcharge tax on net investment income applies to trusts and estates that are above the $12,300 income threshold (i.e., the marginal tax rate on net investment income above that threshold is then 43.4%)
  • Distributable Net Income: Net income that is distributed to beneficiaries of a trust or estate is taxed at the beneficiaries’ level and not at the trust or estate’s level
Chart: Federal Income Taxation of Trusts and Estates
If Taxable Income is: The Tax is:
Not over $2,550 15% of the taxable income
Over $2,550 but not over $5,950 $382.50 plus 25% of the excess over $2,550
Over $5,950 but not over $9,050 $1,232.50 plus 28% of the excess over $5,950
Over $9,050 but not over $12,400 $2,100.50 plus 33% of the excess over $9,050
Over $12,400 $3,206 plus 39.6% of the excess over $12,400

State Taxes

Each State has its own set of rules when it comes to estate tax, gift tax, inheritance tax, and income taxation of trusts and estates. Be sure to check with a professional in your State for an update.

For a complete summary of all 2016 Federal tax-related inflation adjustments see Rev. Proc. 2015-53, available here: https://www.irs.gov/pub/irs-drop/rp-15-53.pdf.

I hope this helps!

-Matt

 

© 2015 Matthew D. Brehmer and Crummey Estate Plan.

Making Sense of: Year End Tax Planning

There are many variables when planning for taxes, here are some tips! Remember every tax situation is different and you should contact us or your tax professional for more information.

  • Our first tip deals with income. If you are in a higher income tax bracket this year than you expect to be in next year, or vice versa, you can either defer or accelerate income into this year or next year to lower your overall tax rate.
  • If you are in the 15% tax rate or lower, you can recognize capital gains at a 0% tax rate.
  • Another way to offset your capital gains, if you have them, is to recognize capital losses to offset those capital gains at a 0% tax rate.

Every taxpayer is allowed to deduct either itemized deductions or the standard deduction, whichever is higher.

  • If your itemized deductions tend to be the same as your standard deduction each year, you may want to double up on your itemized deductions every other year. For example: Paying your real estate taxes for one year in January and then paying again in December of the same year to double up.
  • Double up on charitable contributions in one year; that way you can deduct your itemized deductions every other year and deduct your standard deduction in the remaining years.

I hope this helps!

-Matt

© 2015 Matthew D. Brehmer and Crummey Estate Plan.

 

Lamar Odom: A Lesson to Learn

Currently the news is packed with stories about Lamar Odom’s recent “long weekend” and resulting medical problems (just Google it, you’ll find plenty of stories). The pertinent facts, however, are this: 1) Lamar Odom is unable to make healthcare decisions for himself; 2) he does not have a Living Will specifying what his healthcare wishes are; 3) we are unaware if he has a health care power of attorney; and 4) his recent divorce has not yet been finalized because of a backlog in the courts. Whether he has a healthcare power of attorney that just hasn’t been updated or he does not have one at all (and, thus, the law controls), his soon-to-be ex-wife, Khloe Kardashian, is responsible for making his healthcare decisions.

Having an Estate Plan (and an up-to-date estate plan) is essential to ensure that your wishes are carried out – whether it be who receives your assets after you pass, who controls your finances if you are unable, who makes your health care decisions if you are unable, etc.

When a major life event occurs, you should ALWAYS make sure to discuss the impact that life event may have on your estate plan with an experienced professional. Otherwise, like in the case of Lamar Odom, your soon-to-be ex-spouse may be making healthcare decisions for you (and possibly inheriting part of your estate if you pass away without an estate plan or an up-to-date estate plan)!

While there are plenty of lessons to learn in the recent news concerning Lamar Odom (again, just Google it), not having an estate plan or an up-to-date estate plan is definitely one that most people are guilty of themselves and can easily be remedied by speaking with an experienced professional.

For more thoughts on this issue, check out this article written by David H. Lenok and titled “Odom and Kardashian: Why Living Wills Matter

I hope this helps!

-Matt

© 2015 Matthew D. Brehmer and Crummey Estate Plan.

Medicaid Planning: The Fundamentals

Below is a one page summary regarding Medicaid Planning in Wisconsin that we provide our clients with when discussing Medicaid Planning (the laws regarding Medicaid Planning may be different in your State). It should be noted that, much like tax and estate planning, an experienced professional should be consulted if you are thinking about engaging in any Medicaid Planning. It is an extremely complex set of rules and requires up-to-date knowledge (all of the below information is only current and accurate as of September 2015; after such date the information may no longer be current and accurate).

Prior to Applying for Medicaid: The Lookback Period

  • 5 years prior to the date of the Medicaid application
  • All gifts (or divestments) during that lookback period will cause a penalty
  • Penalty calculation:
    • Total amount of gifts (or divestments) divided by average cost of care
      • Average cost of care is $252.95/day
    • Example: You make a $20,000 gift to your child and apply for Medicaid 4 years later.
      • Penalty period: $20,000 divided by $252.95
      • Penalty period = 79.067 days (or just over 2½ months)
    • Therefore, you will not qualify for Medicaid assistance for at least 79 days from the date of application and will have to arrange for care or payment for care yourself.

While Receiving Medicaid: The Resource Limits

  • Resource Limits for Single Persons (or if both spouses apply for Medicaid):
    • Asset Limit: $2,000
    • Irrevocable Burial Trust: $3,000
    • Life Insurance – Face Amount: $1,500
    • Income: $45/month
  • Resource Limits for Couples (if only one spouse is applying for Medicaid and the other spouse remains in the community):
    • Assets: One-half of total countable assets
      • However, not less than $50,000 nor more than $119,220
    • Income: Minimum Monthly Needs Allowance (MMNA) is $2,655/month
  • Exempt Assets:
    • For the Medicaid Applicant –
      • A vehicle
      • Primary residence (if plan to return home or if spouse lives in home)
      • Burial space
    • For Community Spouse (non-Medicaid applicant) –
      • All of the Community Spouse’s retirement assets

After You Pass Away: Estate Recovery – Under certain circumstances, the State of Wisconsin can place liens on your assets and/or recover remaining assets from your Estate after your death.

Planning Opportunities:

  • Self-insure
  • Long-term care insurance
  • Gifting (or divestments) either outright or in trust
  • Other planning opportunities (for example, purchasing annuities, life care agreements, etc.)

I hope this helps!

-Matt

 

© 2015 Matthew D. Brehmer and Crummey Estate Plan.