Why You Should NOT Transfer Your Assets

by Jackie Bedard on May 24, 2011

in Elder Law,Estate Planning,Medicaid,Trusts

Has someone told you that you need to give your assets away to protect them?

Many seniors and their family members are concerned about the best way to manage their assets and protect against the expenses of nursing homes and long term care should they be needed in the future.  Then they hear from a well-meaning friend or family member that they should transfer their assets to their children.

Here’s why you should ignore such advice.  If you transfer assets, you will:

  • Lose control of them forever.
  • Be dependent on those you transfer them to.
  • Create additional taxes to those you transfer to.
  • Risk losing them to your children’s bankruptcy, lawsuits or to your children’s spouses in divorce.
  • Lose significant tax advantages.
  • Risk becoming ineligible for Medicaid for 60 months or longer.

Asset protection planning includes many complex laws including tax law, trust law, Medicaid law, probate law and contract law.  Many sure you consult with an attorney that is qualified to advice you regarding your planning options and how to best protect you and your assets.

At Carolina Family Estate Planning, we use unique asset protection trusts that:

  • Allow you to control your assets until death.
  • Allow you to retain all income from your assets.
  • Have a “trap door” to access assets if needed.
  • Enable you to protect your assets from the nursing home.
  • Ensure you qualify for Medicaid assistance in the shortest period of time possible to help may for nursing home care.
  • May protect your IRAs without having to liquidate them and pay taxes.

Want to learn more?  If you’d like to discuss planning options for you or a loved one, call our office at (919)443-3035, and request a Peace of Mind Planning Session.  Along with your session, attorney Jackie Bedard will provide you with a customized asset protection analysis reviewing your long-term planning options.  Only a limited number of these sessions can be offered each month and are only available on a first-come, first-served basis, so call today!

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