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Estate and Long Term Care Planning
Michael B. Cohen Michael B. Cohen & Associates 12201 Merit Drive, Ste. 230 Dallas, Texas 75251
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What do you want to know?
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Estate Planning Essentials
Why do we do it? The family. What can be done? The rules. How do we do it? The secrets.
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Definition of Estate Planning
I want to control my property while I’m alive and well; and Plan for me and my loved ones if I become disabled.
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Definition of Estate Planning
Give what I have To whom I want, When I want, The way I want; and When I die, I want my assets to go to the people I love, without any delay.
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Do I need… A will? A trust?
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The Law You Need To Know! WILL RLT Ownership @Death Spouse/Beneficiary
Joint Beneficiary IRA/401K LIFE INSURANCE ANNUITY PROBATE COURT TO FAMILY POD TOD ITF INDIVIDUALLY WILL TO THOSE YOU CHOOSE WHEN YOU WANT THE WAY YOU WANT IN TRUST RLT
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Will Individually Owned Assets = Will = Probate
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What is probate?
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What is a trust? Two types of trusts: -Revocable -Irrevocable
Testamentary Trusts Living Trusts -Revocable -Irrevocable
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DIFFERENT TYPES OF TRUSTS
IRR TYPICAL TRUST RLT MIT ALL Control ALL Income ALL Principal ALL Control ALL Income NO Principal (?) NO Control NO Income NO Principal
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Keys to an effective estate plan
Control of process What to do How to do it Personal instructions Proper asset ownership
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TLC Estate planning strategy
Personal planning goals Catastrophic illness protection Remarriage protection Creditor protection Divorce protection Values promotion
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Federal Estate Tax Reduction
Trustee instructions: Transfer up to the exemption equivalent to Family Trust, put any excess in Marital Trust Marital Family 1st $11,180,000 Excess Survivor may be Trustee and Beneficiary of both trusts.
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Retirement Plan Overview
Excise tax planning “Too soon” Premature distributions penalty 10% excise tax “Too little” Minimum distribution penalty 50% excise tax
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Protecting Your Family * Providing for Your Needs
Medicaid Eligibility Protecting Your Family * Providing for Your Needs
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Medicaid Myths They can take your home.
You have to give your assets away to protect them. If you give assets away you have to wait 60 months to qualify.
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Medicaid Eligibility Income Limit: $2,250/month for single person
Asset Limit: $123,600 (PLUS!) for well spouse Exemptions, exceptions, expansion
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Medicaid Eligibility Exemptions:
Home (must have intent to return home for singles) Car Personal effects Pre-paid funeral Pre-paid burial (up to $1,500)
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Medicaid Eligibility Crucial Dates: Look Back Date:
In nursing home AND apply Look Back Period: 60 months
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Medicaid Eligibility Calculating the spend down Gifts Transfers
IRS gifts vs. Medicaid gifts Transfers Compensated or uncompensated? Calculating the penalty period Monthly nursing home cost $5, (TX)
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Medicaid Eligibility Long-Term Care Insurance Benefit or burden?
3 years or less Home care Investment? Guarantees results
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Medicaid Eligibility Life Insurance Leverage estate money
Shortens penalty period Wealth replacement or enhancement
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Estate Planning Essentials Wrap-Up
Why do we do it? The family. What can be done? The rules. How do we do it? The secrets.
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Estate Planning Essentials
Michael B. Cohen Michael B. Cohen & Associates 12201 Merit Drive, Ste. 230 Dallas, Texas 75251
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