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drobny law.com
Department of Health Services.gov/Q&A
Elder law- Attorneys.com
gift in contemplation of death
n. (called a gift causa mortis by lawyers showing off
their Latin), a gift of personal property (not real estate) by
a person expecting to die soon due to ill health or age.
Federal tax law will recognize this reason for a gift if the
giver dies within three years of the gift. Treating the gift
as made in contemplation of death has the benefit of including
the gift in the value of the estate, rather than making the
gift subject to a separate federal gift tax charged the giver.
If the giver gets over an apparently mortal illness, the gift
is treated like any other gift for tax purposes.
See also:
gift tax
unified estate and gift tax
law.com
9. What type of
trusts can protect family assets?
The creator of a trust can retain the income and life
use of assets contributed to an irrevocable living trust (ILT).
Assets transferred to an ILT are subject to a 60-month
look-back rule under Medicaid. Because of the retained life
interest under IRC section 2036, the trust property will
receive a stepped-up income tax basis upon the death of the
creator.
The 60-month look-back period applies to assets transferred to
and from any type of trust. An individual with a revocable
grantor trust should first transfer assets from this entity to
her name before making gifts in order to have the shorter
36-month rule apply. With respect to trust disbursements of
income or principal, any creditor ?steps in the shoes? of a
beneficiary (i.e., to the extent that this individual is
entitled to receive any benefits, so would the creditor). The
Exhibit summarizes when income and principal from a trust
can be considered as an available resource for Medicaid. This
chart reflects that the look-back rules are not applicable to
testamentary trusts, although a provision should be included
that no benefits are payable to any beneficiary who otherwise
would qualify for governmental benefits nysscpa.org/
Scholarly Article actec.org
