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trust’s affairs, and disposing of the trust
assets as per your directions.
A common circumstance that
encountered in New York is the elderly
decedent who owns both their long
time New York residence, and a Florida
condominium for their retirement
years. In these circumstances, without
an RLT, the family of the decedent will
have to probate the decedent’s will
(or, in the absence of a will, bring an
administration proceeding) in both New
York and Florida. After accounting for
filing fees, legal fees, service of process,
and the potential necessity for travel,
this can more than double the cost of
administering the estate. By utilizing a
RLT, you can avoid these problems, save
money and time for your heirs, and leave
a lasting legacy for your family. Almost
without exception, we advise that our
clients who own real estate or other
property in multiple states utilize an RLT
for estate planning purposes.
Irrevocable “Medicaid” Trusts
The irrevocable “Medicaid” trust is a
special type of trust utilized to protect
your assets - and in some cases, make
you eligible for government benefits - in
the event that you require certain forms
of care, while safeguarding your assets
for the benefit of your heirs.
In New York State, the average cost of a
nursing home is approaching $10,000.00
per month at the time of writing. In
the downstate region, the cost of such
care already exceeds that number by
approximately 20%. As such, the cost of
care quickly diminish your hard earned
savings, and prevent your children from
inheriting the money that they otherwise
would.
Let’s utilize the example of “Rose
Smith”, a fictional prospective client.
Rose has pension and security income
of approximately $3,000.00 per month,
Page 30 - M. A. Connell Funeral Home
and owns her home outright and free
of any mortgage. Her home is valued
at $400,000.00, but she has few other
is assets. Rose knows that she wants to live
in her home until her demise, but has a
history of Alzheimer’s in her family, and
wants to protect her major asset (in this
case, her home) so that her children will
have a nest egg, and her grandchildren
will be able to go to college without taking
out student loans. Rose will nominate an
independent trustee (a trusted relative,
friend or colleague), transfer title of her
home into the Rose Smith Irrevocable
Trust, and reserve herself a little estate.
Rose continues to live in her home, and
remains eligible for the same property tax
exemptions to which she was previously
entitled.
Six years later, Rose requires nursing home
care, and spends three years in a nursing
home prior to her eventual passing.
Had Rose maintained her home in her
individual name rather an transferring
her home to the trust, her estate would
be liable to the nursing home for the cost
of the care - at $10,000.00 per month
for three years, $360,000.00. Her family
would inherit 10% of her estate, with the
nursing home taking the remainder of the
funds. However, because Rose utilized
proper planning, the home passes
outside of her estate, and her creditors
cannot collect against the house.
Upon her passing, Rose’s life estate
terminates, the house may be sold by her
trustee, and the full proceeds from the
sale - all $400,000.00 - are distributed
to her heirs as per the terms of Rose’s
trust. It is important to understand that
there is a statutory “look back” period
which you must surpass in order for the
trust’s benefits to apply to your particular
circumstance. At the time of writing, the
period is five years. Had Rose gone into
the nursing home within that window, she
would have been subject to a penalty.