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Is a Revocable Trust Right for You?

6/30/2025

You may have friends or family who say you should have a revocable trust (also referred to as a living trust). It is true that many people use a revocable trust as part of their estate plan. However, is having one as the cornerstone of your plan right for your family? Here are some of the main reasons why many use a revocable trust. See if they are right for you and your family.

Avoiding Probate. Probate is the court’s legal process that happens after someone dies. It can take a long time (typically 9-12 months) and cost a lot of money. If you have a revocable trust, your family can skip probate for the assets in the trust. This means your loved ones can get what you left them faster and with less stress.
Staying in Control. When you create a revocable trust, you’re still in charge. You can change it, add or remove things, or even cancel it at any time—as long as you still have the legal capacity to do so. This gives you the freedom to update your plan if your life changes.
Planning for Illness or Injury. If you ever get very sick or hurt and can’t make decisions, having a revocable trust may help. In addition to a financial power of attorney, your revocable trust allows you to choose someone you trust to take over and manage your money and property (called the trustee). This way, your bills get paid and your affairs stay in order without needing a court to step in and appoint a guardian.
Keeping Things Private. Wills go through probate, which is a public process. This means anyone can ask to see your Will to see what you owned and who got what. A revocable trust is private. It does not get filed with the court. Only the people involved need to know the details.
Managing Property in Other States. If you own property in more than one state, a trust can save your family from going through probate in each state. Everything in the trust is handled by the trustee regardless of location, which saves time and money.

A revocable trust is a helpful way to protect your property, plan for the future, and make things easier for your family. It gives you control now and peace of mind later. If you think a trust might be right for you, contact our office today to schedule a time to talk with our estate planning attorneys.

5 Long-Term Care Medicaid Myths You’ll Want to Know the Truth About

6/10/2025

Did you know what the largest source of funding for nursing home care is? It’s Medicaid. Medicaid, which is often called Medical Assistance or Title 19, has many confusing rules that create serious frustration for those needing to access benefits. Processes by which one can protect their assets and still be eligible for Medicaid either through pre-planning or emergency planning can be even more perplexing without finding the right guidance down that path.

I often hear clients share things they have heard about Medicaid. “My neighbor told me … ,” or “my aunt’s experience was … ,” but normally as we speak, there are missing
pieces of information to the puzzle. Everyone’s situations are different, and without the details, it’s hard to apply the Medicaid rules. Not knowing the details and the rules has led to many myths about exactly who qualifies for Medicaid, what coverage it provides, what assets can be protected, and when.
I’d like to share with you five myths regarding Medicaid’s Long-Term Care Coverage followed by “the truth of the matter.”

1. Myth: “Medicare will pay for my nursing home stay.”
Well, let’s talk about this. Medicare is the federal health insurance program for people 65 years of age and older, certain people under age 65 who are receiving Social Security Disability Insurance, and people with End-Stage Renal Disease. Medicare’s coverage of nursing home care is very limited. Medicare covers up to 100 days of “skilled nursing care” per “spell of illness” (20 full pay days and an additional 80 co-pay days). To qualify, there are three primary requirements. First, you must enter a Medicare-approved “skilled nursing facility” within 30 days of a hospital stay that lasted at least three days (meaning admission as an inpatient; “observation status” does not count). Second, the care in the nursing home must be for the same condition, or a condition that is medically related to the condition, that caused the hospital stay. Third, the care received must be daily care at a “skilled” level which cannot be provided at home or on an outpatient basis. The care must be ordered by a physician and delivered by, or under the supervision of, a professional such as a physical therapist, registered nurse, or licensed practical nurse. What does this mean? Medicare coverage is minimal, so alternate plans are needed to pay for long-term care in an assisted living facility, community based residential facility, or nursing home.

2. Myth: “Only people who are broke qualify for Medicaid.”
Most of my clients don’t want to spend their entire life’s savings to be eligible to utilize Medicaid as a payment option for long-term care. Medicaid is a “means tested” state-run program intended to help low-income individuals pay for long-term care. That said, I regularly explain to people that you do not need to be completely penniless to qualify. In Wisconsin, a single Medicaid applicant can have no more than $2,000 in “available” assets to be eligible to receive benefits. The spouse of a Medicaid applicant, also called the “community spouse,” may retain as much as $157,920 without jeopardizing the Medicaid eligibility of the spouse who is receiving long-term care. Certain “exempt assets” (a house, a car, and personal possessions such as clothing, furniture, and jewelry) do not impact eligibility. Different planning options can be recommended based upon your individual situation. More specifically, my recommendations depend on whether you are proactively anticipating the need for future assisted living or nursing home care vs. emergency planning for imminent care needs.

3. Myth: “If I gift my assets to my children, then Medicaid can’t take it from me.”
While technically true, there are holes in this methodology. Medicaid staff will look at all gifts you’ve made within the five years before you apply for Medicaid. This is known as the “Five-Year Look-Back.” After a gift is made (i.e., giving your children your money, house, or other assets for less than fair market value), which Medicaid calls a “divestment”, Medicaid will impose a penalty period – meaning a period of time that Medicaid will not pay for your care and you will need to find an alternative way to pay for your care. The length of the penalty period depends, in part, on the amount of money you give away. This often means self-paying. But wait a minute, if you’ve given away your assets, you no longer have the money that you would need to self-pay. Now what? This could mean asking for the gifts back or seek alternative options, which are often even less desirable. This doesn’t mean that you can’t transfer assets at all — there are limited exceptions (for example, you can transfer money to your spouse without incurring a penalty). I highly encourage my clients to speak to me before transferring any assets, so their planning will continue to work as intended. Pre-planning your asset protection will avoid, or greatly reduce, the impact of the Five-Year Look-Back.

4. Myth: “I can gift up to $19,000 a year under Medicaid rules.”
Incorrect. What’s happening here is confusion between gift tax rules and Medicaid rules. You can give away up to $19,000 a year without incurring a gift tax. Unfortunately, under Medicaid law, as noted earlier, gifts are considered divestments. A gift of $19,000, or any other significant amount of money, could trigger a penalty period if it was made within the Five-Year Look-Back.

5. Myth: “My spouse and I have a prenuptial agreement, so my assets won’t be counted if my spouse needs Medicaid.”
This too is a myth. A prenuptial agreement works to keep property separate in the event of death or divorce, but for Medicaid eligibility purposes, a prenuptial agreement does not keep your property separate. Medicaid deems the assets owned by either spouse as available resources.

Unfortunately, these 5 myths are only the tip of the iceberg when it comes to understanding Medicaid’s long-term care coverage. It’s important to consult an elder law attorney before making assumptions based upon comments you hear in passing or information you find on the world wide web. Planning early and seeking the guidance of an experienced elder law attorney can help you down the path that’s right for you.

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5 Long-Term Care Medicaid Myths You’ll Want to Know the Truth About

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