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Estate and Medicand Planning Issues for Widowed Persons

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ESTATE AND MEDICAID PLANNING ISSUES FOR WIDOWED PERSONS P. Haans Mulder, JD, MST, CFP ® Cunningham Dalman, P.C. 321 Settlers Road Holland, MI 49423 (616) 392-1821 [email protected]
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Page 1: Estate and Medicand Planning Issues for Widowed Persons

ESTATE AND MEDICAID PLANNING ISSUES FOR WIDOWED PERSONS

P. Haans Mulder, JD, MST, CFP®

Cunningham Dalman, P.C.321 Settlers RoadHolland, MI 49423(616) [email protected]

Page 2: Estate and Medicand Planning Issues for Widowed Persons

Background• Partner at Cunningham Dalman, P.C.• Practicing for 10 years• Have a Masters in Tax and am a Certified

Financial Planner®

• Specialize in estates/elder law and business planning

Serving the Holland area since 1900

Page 3: Estate and Medicand Planning Issues for Widowed Persons

Background• Cunningham Dalman, P.C. has been serving

the greater Holland/Zeeland since 1900• Has 14 attorneys practicing in all areas of

the law

Serving the Holland area since 1900

Page 4: Estate and Medicand Planning Issues for Widowed Persons

Consider a Living Trust• A last will and testament does not avoid

probate• Jointly owning property with a child has its

risks (divorce and creditors)• A living trust avoids the cost and stress of

probate

Serving the Holland area since 1900

Page 5: Estate and Medicand Planning Issues for Widowed Persons

Update Your Estate Plan• Have been changes the law regarding

health care powers of attorney• Review appointment of successor trustee,

personal representative, financial agent, and health care agent

• Involve a trusted child

Serving the Holland area since 1900

Page 6: Estate and Medicand Planning Issues for Widowed Persons

Ownership and Beneficiaries• Make sure the trust is the owner• Talk to your adviser about the

beneficiary of retirement accounts• Check your beneficiaries on life

insurance and retirement accounts 

Serving the Holland area since 1900

Page 7: Estate and Medicand Planning Issues for Widowed Persons

Tax Planning Issues• Name a charity as the beneficiary of a

retirement account• “Down-size” to avoid income taxes on

sale of your house if there’s been significant appreciation and your spouse passed less than two years ago

Serving the Holland area since 1900

Page 8: Estate and Medicand Planning Issues for Widowed Persons

Remarriage Considerations• Seek advice on a prenuptial

agreement • Consider having separate trusts and

fund them appropriately• Are there rights to live in the house

after a spouse passes

Serving the Holland area since 1900

Page 9: Estate and Medicand Planning Issues for Widowed Persons

High Net Worth• If you have over $1 million, be aware

of the estate tax (55% tax)• Ask your attorney about gifting options• Consider charitable planning

techniques 

Serving the Holland area since 1900

Page 10: Estate and Medicand Planning Issues for Widowed Persons

Medicaid Planning• Have your attorney draft a ladybird

deed for your house• Prepay a funeral contract• If you’re healthy, consider gifting to a

divestment trust (consult an elder law attorney)

Serving the Holland area since 1900

Page 11: Estate and Medicand Planning Issues for Widowed Persons

Questions……

Serving the Holland area since 1900

Page 12: Estate and Medicand Planning Issues for Widowed Persons

Thank YouP. Haans Mulder, JD, MST, CFP®Cunningham Dalman, P.C.321 Settlers RoadHolland, MI 49423(616) [email protected]

Serving the Holland area since 1900


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