Due Diligence: How Buyers Can Protect Themselves in Purchasing a Company
Whats Next Workshop 2010
1. MEDICAID AND ESTATE
PLANNING: HOW TO DEVELOP
A PEACE OF MIND
P. Haans Mulder, JD, MST, CFP®
Cunningham Dalman, P.C.
321 Settlers Road
Holland, MI 49423
(616) 392-1821
phmulder@holland-law.com
What’s Next Workshop 2010
2. Background
• Partner at Cunningham Dalman, P.C.
• Masters in Tax, CFP®, and specialize in
estates/elder law and business planning
• Cunningham Dalman, P.C. has been
serving the greater Holland/Zeeland since
1900
Serving the Holland area since 1900
3. Overview
• Medicaid process and eligibility rules
• Example of how Medicaid planning works
• Parts of an estate plan and process
• Most common types of estate plans
Serving the Holland area since 1900
4. Did you know?
• 40% of people 65 years and older will
stay in a nursing home
• Average cost to stay in a local nursing
home is $6-7,000/month
Serving the Holland area since 1900
5. What is Medicaid?
• State and federal program that pays
for medical treatment (including
nursing home care)
• Oftentimes confused with Medicare
Serving the Holland area since 1900
6. When does Medicaid apply?
• Must be in a nursing home
• Applies to people who are 65 years or
older, blind, or disabled
• Must pass the income and asset tests
Serving the Holland area since 1900
7. Who does Medicaid apply to?
• You cannot have enough income to
pay the monthly cost of staying in a
nursing home ($6-7,000 in this area)
Serving the Holland area since 1900
8. Who does Medicaid apply to?
• A single person cannot have more
than $2,000 in countable assets
• Can keep your home (it’s not in your
trust) and a vehicle
• All other assets are countable
Serving the Holland area since 1900
9. Who does Medicaid apply to?
• Asset test allows a married couple to
keep their home (again, if it’s not in a
trust), a vehicle, and one-half of their
other assets
Serving the Holland area since 1900
10. Example
• Clients were husband and wife
• Wife had to go to a nursing home
• Didn’t stay in a hospital for three days
so Medicare didn’t cover stay
• Had house, vehicle, and investments
Serving the Holland area since 1900
11. Example
• Could keep the house (because it was
properly owned) and their vehicle
• Without any Medicaid planning, they
would have had to spend down one-
half of their investments
Serving the Holland area since 1900
12. Example
• Drafted a trust that allowed them to
protect all of their investments (as
opposed to just half)
• This provided peace of mind to the
husband
Serving the Holland area since 1900
13. Did you know?
• You could save approximately $5,000
by having an estate plan prepared for
$850
Serving the Holland area since 1900
14. What is estate planning?
• Process of planning for the future
management and distribution of your
assets and your future medical care
• Includes documents such as wills, trusts,
and powers of attorney
15. Why is it important?
• Reduces the cost of administration
• Minimizes stress for family and friends
• Determines who will receive your assets
• Authorizes who will make your medical
decisions
16. What is probate?
• Probate is a court process to administer
a deceased person’s financial affairs
• Required when someone passes away
with assets in his or her own name or
fails to name a beneficiary
17. Why avoid probate?
• It is a public process
• Can exacerbate family situations
• Can be expensive to administer
(between 3-8%)
• Takes time to complete (6-9 months)
18. What are the most common
estate plans?
• Basic plan includes wills (potentially with
a trust) and powers of attorney
• For clients who do not have a house or
are not concerned with avoiding probate
19. What are the most common
estate plans?
• Other plan includes a living trust, pour-
over wills, and powers of attorney
• Plan is designed for clients with grown
children and who desire to avoid probate
20. What does the estate planning
process look like?
• Complete estate planning questionnaire
• Attend a meeting that we discuss your
goals and the types of estate plans
21. What does the estate planning
process look like?
• Review draft of documents
• Attend a signing conference
• Change beneficiaries or/and fund your
trust
23. Thank You
P. Haans Mulder
Cunningham Dalman, P.C.
321 Settlers Road
Holland, MI 49423
(616) 392-1821
phmulder@holland-law.com
www.holland-law.com
Serving the Holland area since 1900