Ralph S. Robbins, CFP©, is a licensed Certified Financial Planning Practitioner and an Accredited VA Claims Agent specializing in Eldercare Financial Planning. He works everyday helping families in crisis find creative ways to fund long-term care expenses and deal with family financial issues.
Will my Mom lose her Veterans Aid and Attendance Benefit if she leaves assisted living, and instead lives at h...
I quit jobs to caregive for Dad (80) 24/7. What monies do I qualify for?
She has Medicare part A, but needs part B and E. where to start?
Is it necessary to do a legal division of assets if all my parent's assets are in a savings account?
Is it necessary to do a legal division of assets if all my parent's assets are in a savings account?
Will my Mom lose her Veterans Aid and Attendance Benefit if she leaves assisted living, and instead lives at h...
Is it legal to purchase life insurance for my Mom who is in residential care home with her money?
Can I qualify for the PACE program if I don't qualify for Medicaid?
How can I purchase Dad's house from him (at fair market value) to comply with the look-back period?
How and when should assets be assessed to protect aging of the care providing partner?
What's the best way sell Dad's house?
What's the best way sell Dad's house?
What's the best way sell Dad's house?
I'm about to sell my home for $100,000. Can I gift some money to my children?
Is there a way to protect my Dad's assets from the nursing home?
How do I provide financial help to aid my Mom in another state?
Do we need to continue the Medicare supplement and Plan D Rx insurance?
Mom's house is paid off but Medicaid is trying to take or put lien on it? What can I do?
My Dad is a disabled Vietnam Veteran his wife is in the advanced satges of Alzhiemer's. What assistance is ava...
Can my Mom change the name on her CD's to mine before it is up for renewal?
Certainly qualify for Medicaid is one of them as most states have adopted federal law which requires that most assets transferred by a Medicaid applicant within five years of application be considered as countable for eligibility purposes.
In the case of transfer to an individual it is important to creditor status. Understand that assets that are gifted to another become the property of the the donee and therefore become subject to the donee's creditors. We always ask before a gift is made if the donee has creditor issues, whether they are in a litigious provoking profession, or if their marriage is unstable to avoid unexpected diminution of the funds.
Income tax (gift tax is discussed below) may also be an issue in that any earnings generated by the asset transferred are now taxed at the the donee's highest marginal income tax rate. The difference can be appreciable. Many elders pay no taxes or are in very low tax brackets whereas an adult child may pay ordinary income tax rates of almost 50% (between federal, state, and sometimes city, income taxes).
One consequence that is NOT typically at issue, however, is gift tax. The Unified Federal Estate and Gift Tax exempts each individual from paying Federal Estate or Gift tax on the first $5.42 million dollars gifted or bequeathed to any other individual or entity (in 2015). Naturally, there are very few elders who have this kind of wealth and, therefore, there is no "gift tax" consequence when most gifts are made. (As an aside, in most cases gift tax returns and gift taxes, when due, are paid by the donor, not the donee).
In addition to the estate and gift tax exemption mentioned above, there is the "annual exclusion" which for 2015 $14,000 as it was for 2014. The annual exclusion permits each individual to gift up to $14,000 per year to as many individuals or entities as they wish without the gift being subject to gift and estate tax or the lifetime exemption.
Although there is never any tax due for gifts of up to $14,000 per year, a gift tax return may have to be filed for gifts over that amount even if there is no tax due (again, except in rare circumstances, this would be filed by the person making the gift, not the person receiving the gift).
Very important, too, is to not conflate Federal Estate and Gift Tax rules with Medicaid rules. For instance, I am often asked "Can't my mother gift her three children $14,000 each to qualify for Medicaid?" The answer is no as such a gift would indeed be a penalty inducing transfer for Medicaid eligibility purposes.
Before transferring anything that belongs to an elder you may wish to consult with a professional familiar with Medicaid, estate transfer, and income tax rules. see more