David Haughton
Everything David personally uses, recommends, or has created — plus things they don't recommend — sourced from their own show and appearances on other podcasts.
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"They could make a disclaimer from themselves individually or from a marital trust into what's called the credit shelter trust that they are technically still a beneficiary of, but is outside of their estate. And that is a very important planning item that is probably one of the most common uses of disclaimer planning."
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"A Medicaid asset protection trust is something that you could use where you could put the assets in. If the 5-year look-back period passes, so 5 years goes by, those assets are in a trust protected and not countable as Medicaid resources."
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"A Medicaid annuity — it would change the character of those assets from a countable resource into a stream of income payable to the non-institutionalized spouse. It's kind of a workaround where you can change the character of the property and get the assets into the spouse's name. This would never be a product that anyone would use as an investment. It would be a SPIA, a single premium immediate annuity, for the shortest possible term."
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"The most basic is outright gifting of the assets. You could give the assets to the children potentially, and they will no longer be countable as the Medicaid applicant's assets. However, there is what is called a 5-year look-back period."
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"You want to make sure that their power of attorney or their trust or wherever their assets are located, that they have a fiduciary available — whether it's their trustee or their power of attorney — who actually has the power to do Medicaid planning on their behalf."
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