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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
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
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
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
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
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
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
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
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
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
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
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
Did you know?
• You could save approximately $5,000
by having an estate plan prepared for
$850
Serving the Holland area since 1900
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
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
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
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)
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
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
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
What does the estate planning
process look like?
• Review draft of documents
• Attend a signing conference
• Change beneficiaries or/and fund your
trust
Questions……
Serving the Holland area since 1900
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

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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