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      Redefining Actuarially Sound

      In most states, the term "actuarially sound" means that the owner of an annuity must receive his or her investment back within his or her Medicaid life expectancy, as determined by that state's respective life expectancy table, or the life expectancy table published by the Chief Actuary of the Social Security Administration.  In other words, the annuity can almost always be shorter than the owner's Medicaid life expectancy, but never longer. Notwithstanding the above, three states have n ...

      2011 Medicare Changes

      The Centers for Medicare and Medicaid Services ("CMS") have set the Medicare premiums, deductibles, and coinsurance amounts to be paid by Medicare beneficiaries in 2011.  Effective January 1, 2011, the following schedule of benefits, etc., will be applicable: Medicare Part A Medicare Part A provides for inpatient hospital, skilled nursing facility, and some home health care.  The deductible for 2011 will be $1,132, resulting in an increase of $32 from this year's $1,100 deductible. ...

      Types of Annuities Used in VA Planning

      With more and more elder law attorneys expanding their practices to include Veterans Aid & Attendance benefits planning, I have seen countless self-dubbed "VA Planning Specialists" offering their services.  A large amount of VA plans fail in that many insurance agents do not understand the applicable Medicaid rules, or sometimes even the relevant VA rules.  As a result, inappropriate insurance products are sold to a client and/or his or her family members.  In light of this, ...

      Does DRA Apply to Annuities Purchased by a Community Spouse?

      I have received several questions through the Ask Dale section regarding the applicability of the Deficit Reduction Act of 2005 ("DRA") provisions on an annuity purchased by a spouse of an institutionalized individual.  While the language contained within 42 U.S.C.A. § 1396p(c)(1)(G) seems to apply only to the "annuitant who has applied for medical assistance," most post-DRA states apply the provisions also to an annuitant that is the spouse of an individual who has applied for medical as ...

      Medicaid Compliant Annuity vs. Medicaid Friendly Annuity

      With so many annuities for Medicaid planning purposes now being offered by way of insurance agents, financial planners, and insurance companies, I feel that it is necessary to distinguish the products offered by Krause Financial Services from the group. In recent months the term "Medicaid Friendly Annuity" has been heavily used in the Medicaid Annuity marketplace.  It is important to know that Krause Financial Services does not provide Medicaid Friendly Annuities, nor do we recommend tha ...

      The Time is Right to Convert!

      If you have clients with old tax-deferred annuities that have substantial appreciation, the time for those clients to convert is now! As a result of certain provisions within the Pension Protection Act of 2006, which went into effect this year, clients who convert old tax-deferred annuities into new tax-deferred annuities which contain riders for long-term care benefits can avoid paying income taxes on any of the gains - if the new tax-deferred annuity is used to pay long-term care expenses.& ...

      Required Minimum Distributions Are Back

      As we all know, the Worker, Retiree, and Employment Recovery Act of 2008 ("WRERA") temporarily suspended required minimum distributions ("RMDs") in 2009.  Thus, many taxpayers chose not to take a RMD in 2009.  However, in 2010, the RMD is back, and taxpayers required to take a distribution for 2010 must take it by the end of the year. Assuming that a taxpayer did not take a RMD in 2009 as a result of WRERA, does the taxpayer have to calculate the 2010 RMD in a different manner?  ...

      Pre-Planning with Tax-Qualified Funds

      When trying to pre-plan with tax-qualified funds, whether the planning is for Medicaid or VA benefits, we all know that the primary goals are to get rid of excess assets, while minimizing tax liabilities.  A balance must be created between program eligibility and tax consequences, a task with which very little text and guidance is provided in order to accomplish.  In a handful of states, retirement funds owned by an ineligible spouse or even an institutionalized individual are simply ...

      American Billionaire's Death in 2010

      According to a recent article in the New York Times, as a result of a Congressional lapse, the descendants of the 74th wealthiest person in the world were able to receive his entire estate, free of any federal estate tax.  Dan L. Duncan, a Texas natural gas tycoon, died in March of 2010.  Had his life ended in 2009, his estate, estimated a $9 billion, would have been subject to a federal estate tax of at least 45%.  In 2011, the rate would be even higher - 55%.  Instead, b ...

      Determining the Maximum Allowable Pension Rate: Part II

      My prior post, Determining the Maximum Allowable Pension Rate: Part I, outlined the maximum monthly benefit amount for a veteran with a spouse, a single veteran, or a single surviving spouse of a veteran; and the rating of the particular claimant.  As most VA practitioners know, the VA pension benefit will range from zero dollars up to the category's maximum allowable pension rate ("MAPR").  However, I did not go into detail as to the calculations used to determine the anticipated pe ...