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A limited partnership is simply a legal arrangement where investors
are treated like partners for tax purposes, but like corporate stockholders
for liability purposes. The limited partner is not subject to any
debts of the partnership in excess of the limited partners' capital.
Each limited partnership must have one or more general partners who
are personally liable for any debts of the partnership. In order to
avoid partnership liability, the limited partner gives up any management
of the partnership. The general partner(s) have total discretion regarding
the management of the partnership.
A "family" limited partnership is a limited partnership where most
of the partners are members of the same family group. For this purpose,
the "family" label is simply an adjective. The law doesn't really
distinguish between a family limited partnership and any other type
of limited partnership. In addition, in a FLP, someone in the family
is the general partner so that control is retained by one or more
family members. When a FLP operates a family business, the parent
that manages the business is the general partner. The children, a
spouse or other family members are limited partners. When the FLP
is used to own family investments, the high risk spouse and children
are often the limited partners and a spouse who is not susceptible
to lawsuits is usually the general partner.
The asset protection benefits of the limited partnership are based
on a general rule of law that limits the claims of a creditor to a
"charging order" that gives the creditor of a partner the right to
take any amounts that are distributed to that partner. However, the
creditor is not usually able to secure access to the assets held by
the partnership. This of course does not protect the partnership assets
from claims against the partnership as an entity. And, there have
been some cases where the courts have granted creditors the right
to force some distributions where the partnership is not distributing
any funds to the partners.
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An irrevocable life insurance trust (ILIT), often called by dynasty
trust due to its ability to forever escape estate taxes, is a unique
legal document to help keep the proceeds of a life insurance policy
outside of the estate and thus potentially free of estate tax and
income tax.
What happens is that the trust, the ILIT, is formed and becomes the
owner and payor of an individual life insurance policy or a survivorship
life insurance policy (sometimes called second to die life insurance
or joint and survivor life insurance).
Money is transferred into the trust and the trustee purchases the
policy. When the insured dies, the life insurance proceeds go to the
trust for the beneficiaries - usually the children.
The purpose of this whole procedure is to have the life insurance
proceeds not become part of the estate where they would be taxed.
Gifts of up to $11,000 per year per parent per child are made to
the trust using "Crummey" provisions which are named after a tax court
case where the petitioner was named Crummey.
"Crummey" provisions allow beneficiaries to have a window where they
can remove the $11,000 each year. By doing this the beneficiary changes
a future gift to a present gift and qualifies for the annual $11,000
gift tax exemption.
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An irrevocable trust is an arrangement in which the grantor departs
with ownership and control of property usually during his lifetime.
Usually this involves a gift of the property to the trust. The trust
then stands as a separate taxable entity and pays tax on its accumulated
income. Irrevocable trusts typically receive a deduction for income
that is distributed on a current basis
An irrevocable trust may be considered when the estate owner's primary
objective is to obtain federal estate tax savings. When property is
placed in an irrevocable trust, the grantor is giving the property
away permanently. Since the grantor no longer owns the property, it
will not become part of the gross estate and will not be subject to
federal estate tax.
Irrevocable trusts can also protect trust assets from potential creditors
of the beneficiaries of the trust. The extent to which a beneficiary's
creditors can reach trust property depends on how much access the
beneficiary has to the trust property. The more access the beneficiary
has to the trust property, the more access the beneficiary's creditors
will have. Thus, the terms of the trust are critical.
The use of irrevocable trusts in sophisticated tax planning involves
a multitude of complex tax rules. You should consult with a tax planning
professional to obtain the optimal tax results.
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These Trusts were designed to hold assets that were "given away"
to impoverish the Trust Grantor, in order to qualify for Medicaid
benefits. The purpose is to preserve one's life savings for the children,
rather than see that sum quickly disappear, should nursing home care
become necessary.
Basically you put your money in a Medicaid Trust so it is no accessible
or quantifiable by the government for reasons of Medicaid.
You now have to be very careful doing this type of tax planning.
The government now looks back at when you put your money into a Medicaid
Trust to see if you where doing it to avoid paying for a nursing home
bed. The rules change all the time so be careful.
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A life estate is the right to use or occupy real property for one's
life. Often this is given to a person (such as a family member) by
deed or as a gift under a will with the idea that a younger person
would then take the property upon the death of the one who receives
the life estate.
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Long-term care insurance is designed to pay for the cost of your
care in a variety of settings, such as a nursing home or assisted
living facility, if you can no longer care for yourself independently.
Long-term care policies vary widely in their coverage, limitations,
and exclusions.
A good policy covers the costs of round-the-clock nursing home care,
including that given at custodial, intermediate, and skilled levels.
The policy may also cover any expenses associated with assisted-living
residences provided that the facility is state certified. Adult day-care
centers are often covered as well, as is respite care, which is the
temporary professional care you'll need if your regular caregiver
is on vacation. Policies will also pay for at-home care provided by
registered nurses; respiratory therapists; physical, occupational,
or speech therapists; registered dietitians; or licensed social workers.
Policies may also cover the cost of caregiver training for a family
member or friend. Finally, the insurance may cover the cost of an
independent health-care professional, such as a registered nurse,
who will act as your personal care consultant. Such a benefit gives
you an objective person with whom you can discuss the quality of your
care.
Insurance companies will require that you meet certain conditions
before they issue the benefits. For example, they usually require
that you be unable to perform certain regular daily activities by
yourself, such as normal bathroom functions, bathing, dressing, and
eating. Companies will also issue benefits because of cognitive loss
as a result of Alzheimer's disease, senility, and other forms of dementia.
All of these requirements are explained in the policies. It is important
you speak with a trusted advisor before you purchase this coverage.
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you want answered? Ask Us
Spousal refusal allows the non-institutionalized spouse can keep
all of his or her assets by simply refusing to support the institutionalized
spouse.. In New York, if a spouse refuses to contribute his or her
income or resources toward the cost of care of a Medicaid applicant,
the Medicaid agency is required to determine the eligibility of the
nursing home spouse based solely on his income and resources, as if
the community spouse did not exist.
After awarding Medicaid benefits to the institutionalized spouse,
the Medicaid agency then has the option of beginning a legal proceeding
to force the community spouse to support the institutionalized spouse.
However, this is not always done, and when such cases do go to court,
courts in New York generally allow the community spouse to keep enough
resources to maintain her former standard of living.
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