Question:
My parents created an irrevocable trust some years ago, I am the trustee. At the time that they signed the trust, they transferred their home into the trust. I’m not sure if their other assets were transferred into the trust at that time. How do I know if they are in the trust and if they are not, is it too late to protect them?
Answer:
Those are all terrific questions. As you know, Irrevocable Trusts can be used to protect assets in the event that either or both of your parents require long-term care in a Nursing Facility. Nursing Care on Long Island can cost anywhere from $10,000.00 to $14,000.00 for a regular bed. A special medical bed can cost up to $18,000.00 to $20,000.00 per month. Rightfully so, this is an important consideration for many of our clients. For starters, the best way to determine whether and asset has been transferred into the trust is to check the titling of the account. Once a transfer has been completed, the bank statements will name the trust or you as the trustee as owner as opposed to your parents individually. If you are unsure of the title, you can contact the financial institution where the assets are held to confirm that the trust is the owner. To answer your second question, it is not too late to seek to protect any assets which were either inadvertently or purposefully kept out of the trust at the initial funding stage. As you are likely aware, there is a five-year look back when applying for Chronic Medicaid. What this means is that assets transferred into a trust need to be there for five years in order to be considered unavailable for the purpose of qualifying for Medicaid. Should you decide to transfer additional assets into your trust at this time, that transfer will not disrupt the protection you likely already have on the home; it will simply begin a new “look-back” period for this new transfer. Assuming five more years pass, you will have protected these assets as well. In the event that five years does not pass and either of your parents need nursing home care, additional planning will have to be done to attempt to protect all or a portion of those assets. If you have created a trust, it is important that you check to ensure that all of the assets you wish to protect have been transferred into the trust. Periodic review of your Estate planning documents and financial statements with your attorney or financial professional can ensure that the plan you intended is in place and that your assets are protected should a time come when you need care.