New Medicaid Annuity Rule Enacted

A small but important change relating to Medicaid annuities was signed into law Dec. 20, 2006, as part of the Tax Care and Health Care Act of 2006. It changed the word "annuitant" to "institutionalized individual" in the section of the federal statute that described annuities intended to be helpful for Medicaid planning.

So what does all this really mean? Essentially, if a spouse who is living in the community (the so-called "Community Spouse") purchases an annuity that meets all the requirements necessary to avoid having that purchase treated as a gift, that spouse must now name the state as beneficiary up to the amount of any Medicaid payments made on behalf of the "institutionalized individual" (instead of the "annuitant").

So who, exactly, is the "institutionalized individual"? Well, clearly if the Community Spouse purchases an annuity, the other spouse, who is in a nursing home, is the "institutionalized individual." As such, upon the death of the Community Spouse, if the annuity has not yet made its final payment, the state will be entitled to receive future annuity payments, up to the amount of the value of all Medicaid benefits it made and will make on behalf of the nursing home spouse.

Prior to this change in the law, repayment in the above situation would have been due only for nursing home expenses of the Community Spouse.

Example: Mary and Dan have $150,000 in assets. Mary lives in the community and purchases a $50,000 Medicaid annuity payable to her. Dan, who is in the nursing home, immediately qualifies for Medicaid, because (i) the annuity itself does not count as an asset for Medicaid eligibility purposes, assuming it is correctly structured, and (ii) Mary's remaining assets are less than $101,640, the excluded amount for community spouses (although some states only allow Mary to exclude half that amount, most states allow exclusion of the full amount).

Two years later, Dan dies. Results:

1. If the annuity pays out completely before Mary dies, then the new law makes no difference, since there is no remainder to go to the state. (This would typically be the case in so-called "half-a-loaf" planning, a topic for another day!)

2. If Mary dies before the annuity is fully paid out, then it will make a difference, because now Dan's costs must be repaid from the remaining annuity payments. Under the prior law only Mary's costs---if any---would need to have been repaid (and if Mary never went to a nursing home, then Dan's costs would never be recouped by the state).

3. If Mary enters the nursing home during the annuity payment period, those payments will go to the nursing home, since they are considered her income. If Mary then dies before the annuity is fully paid out, not only must Dan's Medicaid benefits be repaid to the state, but depending on how the new law is eventually interpreted, it's quite possible that Mary's Medicaid benefits must also be repaid out of future annuity payments.

Note that although this change was just signed into law, the law itself states that it is effective as if it were part of the original law that it is amending. Thus, it applies to all annuities issued after February 8, 2006, the date of enactment of the Deficit Reduction Act of 2005.

K. Gabriel Heiser

Attorney K. Gabriel Heiser has devoted his legal practice to Medicaid planning, elder law, and estate planning for the last 23 years.
NOTE: For more information on this topic and other Medicaid planning techniques, see http://www.MedicaidSecrets.com, which describes an exciting new 256-page book written by attorney Heiser, "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets." You don't have to go broke to get Medicaid to pay your nursing home bills, you just have to know the rules and planning techniques. For the first time ever, you can learn the inside secrets of high-priced estate planning and elder law attorneys, in attorney Heiser's new book.

A Guide to Annuity Products

Annuity is a fixed amount of money received for the whole life or a definite time period specified and agreed upon, in the contract. A savings account is the most common example of an annuity, where the annuitant deposits the principal amount of money to earn a certain percentage. The annuitants may invest this money in business, insurance companies or lend it to individuals. The percentage of the income is specified at the time of agreement. This serves as a partial return of the principal amount and an additional income, simultaneously.

In case of group annuity contracts, the periodic payments are made to one of the employers, covered by a master contract signed by the employer. Retirement annuities are paid only post-retirement. In case of the annuitant?s death, before the expiry of the agreed period or the annuitant?s decision to surrender the policy, a certain amount is paid back to the annuitant?s beneficiary.

A fixed annuity refers to a specific amount of payment after the defined period, irrespective of the financial crisis faced by the company. In case of a variable annuity, the payment amount depends on the success of the investment and fluctuates accordingly. Straight annuities are contracts for making variable payments on a monthly or yearly basis, while life annuities are paid only during the lifetime of the annuitant and ceases with death.

Deferred annuity payments commence on a decided future date, provided the annuitant is alive. This also delays the income tax payments till the annuity payment starts. A refund annuity promises to refund certain amount of cash during the lifetime of the annuitant and in case of death the person?s estate receives the money. Joint annuities are payable to two persons named in the agreement, one of whom receives the money, in case the other dies.

Buy Annuity provides detailed information on Buy Annuity, Buy Annuity Leads, Buy Fixed Annuity, Buy Retirement Annuity and more. Buy Annuity is affiliated with Fixed Annuities

Is it Possible To Sell Annuity Settlements For A Lump Sum of Cash?

You can sell annuity payments for a lump sum of cash rather than wait for your monthly payments if you are in need of a significant amount of capital for an investment, large purchase or other purpose. Whether you have a structured settlement from a lawsuit or your annuity is just a personal investment, there are experienced, professional note buyers who will purchase all or just part of your annuities.

The idea of a tax-free steady source of monthly income is appealing for many people, as it allows them to pay various bills and it is is something that comes in month after month, usually for many years. Some individuals invest in annuities on their own or through work, and annuities are quite common when it comes to structured settlements in injury cases.

But many people find themselves in a position where they need or want an immediate source of cash and they'd like to sell annuity settlement. There are many reasons for this. They might have come across a huge investment opportunity. They might be looking to retire. They might want to make a big purchase. Perhaps they just don't want to wait for a small check each and every month, or don't want to assume the risk of the payor defaulting for one reason or another.

Whatever your own personal reason may be, you can quickly and easily sell annuities without any headaches or hassles. You can usually do this within 10-14 days, especially with an experienced, reputable note buyer. He or she will let you know what your options are so you can make an informed decision. Some individuals choose to sell annuity settlement in its entirety which would yield the largest amount of cash. Others sell just a portion of their annuities, retaining some of their monthly payments.

How much will you get when you sell your annuities?

There are many factors that your note buyer will take into account when evaluating your annuity. Some of these include: balance and time remaining, regularity of payments to date, inflationary concerns, financial stability of payor and other details. Remember, it has to make sense for them financially otherwise it's not worth buying.

The best way to get top dollar when you sell annuity settlement is to keep careful notes of all transactions, and retain a copy of all paperwork from when the annuity was first set up. The more you are able to provide to the note buyer the better off you'll be. Don't forget that you have options, so you don't have to sell the entire annuity. There are several ways to structure it so you get a lump sum and continue to receive some of the payments each month.

If you do decide to sell annuities, make sure you find an experienced note buyer who can offer you a competitive rate for your annuity settlement. Discuss all of your available options and decide what's best for you.

Jamie has been working in the finance industry for many years and is a contributing editor to http://www.selling-your-note.com. Learn how you can sell annuities and other debt instruments on our site as well as get a free, no obligation quote from a professional note buyer.

Annuity Settlement Options: Annuitize or Lump Sum?

Annuity settlement options can be puzzling. Many people have purchased annuities of all types for the tax deferral feature. For many retirees the time has come to make the shift from accumulation to payout. Here are some considerations to help determine what?s best for you.

The most popular annuity settlement option is annuitization ? to take payments over a time frame that you select, which may include the rest of your life. When you annuitize, you receive payments (monthly, semi-annually, annually) in exchange for surrendering your annuity to the annuity insurance company. Your annuitization options usually include:

Lifetime Income

Period Certain

Period Certain Plus Life

Here is how Lifetime Income works. Let?s say you have $100,000 in an annuity and the insurance company calculates that, due to your age and gender, it will pay you $1,500 a month for as long as you live. You collect $1,500 the first month, $1,500 the next month, and $1,500 the following month. Then you get run over by a truck and die. You bet the insurance company you would outlive your $100,000 and you lost. $4,500 is all you get; they keep the rest. This is maybe not such a good deal.

Your second option is called Period Certain. This means you can take your money out over a period of 5, 10, 15, or 20 years. The insurance company guarantees to pay out all your money (plus interest) over that period. If you do not live to the end of the period, your beneficiary gets the remaining money in your annuity over the balance of the period. Live or die, you or somebody else gets back all your money.

The third option is Period Certain Plus Life. Here the insurance company guarantees to pay you a check each month for a certain period of time, plus, if you live beyond that period (even if you live to be 150 years old) you?ll receive monthly income that you cannot outlive.

The choices are not so simple. A monk in a monastery, for example, may well expect to live to a ripe old age and do better with a Lifetime Income (Although I wonder what he would spend the money on). Someone with a terminal illness may want to take a lump-sum settlement or a 5-year Period Certain. Take a close look at factors such as your health and spouse?s health, your age and spouse?s age, other sources of income, and your tax bracket.

For more flexibility you could opt for Systematic Withdrawals. In this case, you would receive a fixed percentage of the account value or a fixed monthly amount. You could stop this arrangement at any time and simply withdraw your remaining balance.

Although Systematic Withdrawals appear to have advantages over annuitization, note these two differences: With annuitization as your annuity settlement option, you can lock in a guaranteed monthly income regardless of the performance of your annuity. In addition, annuitization lengthens the tax deferral period since only part of each payment is taxed. The IRS considers the other part of your payments a return of principal.

Finally, you may want to just keep the annuity growing and not take payments at all. Some annuities, however, do not allow this and force withdrawals by a certain age. One option for you is a tax-free exchange to another annuity that may have more liberal withdrawal requirements, but watch out for surrender charges on your existing policy.

You probably never thought getting a check could be so complicated. It?s really not as messy as it sounds. In fact, I have annuity agents all across America who specialize in solving such problems. There is no charge or obligation. To have your choices compared, we would be happy to review any type of annuity settlement option and figure the most appropriate withdrawal option for you. Just click on the link in my bio below and fill out the form.

http://www.insurance-quote-advisor.com/annuity-settlement-options.html Gary Le Mon is a wholesale distributor of fixed indexed annuities for Allianz, American Equity, Sun Life Financial, and ING. Author and developer of the Safe Money Seminar, a financial planning seminar for Seniors, Gary serves as guest speaker on behalf of agents and agencies nationwide. He is coach, mentor and motivator to over 700 general agents in his insurance marketing organization, InsuranStar Marketing. See also Free-Insurance-Leads.com.

Buy Fixed Annuity

Annuity can be bought in different forms. However, the deferred annuities come under three main categories. They include fixed annuity, variable annuity and the equity-indexed annuity. Each has its own characteristics and offers varying returns and benefits. Fixed annuity is one the most popular of annuity offered in the financial market. In this form of annuity, the risks are minimal and are the liabilities of the financial company ? also known as insurer - offering it. However, the investor ? also known as the insured - has no risks on investments, whatsoever.

Generally, the terms of fixed annuity hover around the following main aspects. The insurer offers to pay you a fixed amount of return on your investments for a certain amount of years. The insured has the option of paying the investment money either as lump sum amount or paid over a period of installments.

Now whatever be the market conditions, the insurer has to pay the insured the fixed amount as guaranteed in the agreement. This feature makes fixed annuity the safest and surest way to make assured returns on investment. The issuing financial company offers to reimburse both principal and the earnings.

However, there is a flip side to it too. If the prevailing market conditions are buoyant, the investor has to be content with only the assured amount of return. While insurer, on the other hand, makes handsome gains from the invested money. Conversely, there are some issues that an investor should consider before buying fixed annuity.

It?s not ideal to invest in an annuity unless there are ample contributions to other retirement plans, such as an IRA or 401(k). Simply because, these plans offer the same tax deferral as annuities minus the fees. And if an investment is made in an annuity inside a tax-advantaged account, there would be no extra tax benefit to avail. The other repelling factor is the 10 percent penalty an investor under the age of 59 ? has to pay on earnings. It?s also advisable to check the credentials of insurer before making investments. Insurers with AA or higher ratings reflect positive financial strength of the company.



Buy Annuity provides detailed information on Buy Annuity, Buy Annuity Leads, Buy Fixed Annuity, Buy Retirement Annuity and more. Buy Annuity is affliated with Fixed Annuities.

Annuity Cost Basis and Previously Taxed Money

Before you think of withdrawing any money from your annuity you should look into what type of annuity cost basis is defined in your agreement with the life insurance company. This is because if you are not careful you could easily exceed your annuity cost basis and be taxed heavily from borrowing from the policy.

You should also examine the annuity cost basis before you buy an annuity of any kind as it could impact how much you might have to pay if you had to withdraw that money for an emergency one day. After all one never knows when a sudden illness or accident may require digging into your retirement money.

Technically the annuity cost basis is defined as the initial payment or premiums that you paid out when you purchased a nonqualified annuity. In this scenario you have already paid taxes on the money so you will not be taxed to the gills if you have to withdraw the money.

Sometimes the annuity cost basis is not taxed upon withdrawal. This is particularly true if it was not fully taxable n the first place. This means the cost basis would be minus the amount that is non-taxable by the government.

It is a good idea to look at the fine print of any life insurance offer to see what the conditions are when it comes to your cost basis. You need to look to see how much of your money will not be taxed upon withdrawal.

Another valuable thing to know is that most insurance companies insist that any withdrawal that you make from your annuity must come from what you have earned first. After that any amounts that exceed your cost basis will be taxed as ordinary income is and if you are under the age of 50 years, an additional ten percent in federal tax will also be slapped upon your withdrawal.)

Tiffany Walker has finally revealed her annuity secrets online. Read the latest by clicking here: Fixed Annuity Choices.

Best Fixed Annuity Coverage - How To Find It

To get the best fixed rate annuity coverage you definitely need to shop around to find a good deal. The easiest way to do this is to get on the Internet and start comparing insurance rates. There are hundreds of sites on the World Wide Web that specialize in offering charts and product sheets so that you can compare different offers side by side. These types of insurance comparison web sites that make it quick and easy for anyone to compare different offers and interest rates, even if you have never taken out insurance or a pension before.

The reason that most people end up paying too much for their fixed annuity plans is that they don't bother to shop around for the best annuity coverage. It is such a tedious job that sometimes they just take the first deal that they run across.

This is just not the way to go about shopping for the best fixed annuity coverage. You should at least go to the same type of time and trouble that you would to shop around to find the best credit cars, mortgage or car insurance. You should also do this in a short amount of time as it is inevitable that the insurance company will eventually ask for your social insurance number. This of course is used to check your credit rating, which can also have an impact on the rate of interest that you are offered.

Another thing to look at, besides price is just exactly what the plan actually covers. Just because it is cheap does not mean it is the best fixed annuity coverage for you. Finding the ideal plan can mean taking many other things into consideration besides price including fees, the price of withdrawal penalties and the structure of the plan. Most of this information can be found in the fine print of your agreement with the company, which of course you should ask to see and read thoroughly before signing on the dotted line.

Tiffany Walker has finally revealed her annuity secrets online. Read the latest by clicking here: Best fixed annuity coverage.

Private Annuity Trust vs. 1031 Exchange- When a PAT Makes Sense (Part II)

In the last article, I pointed out when, as a real estate investor, doing a 1031 Exchange on the sale of a Real Estate Property may not be your best option.

So, let's assume you do want or need to sell a real estate investment, don't want to do an exchange, and don't want to pay a huge lump sum capital gains tax payment of 15-40% on your gains. Now is the time to see how a Private Annuity Trust can save you money.

It's important to know that you don't avoid paying your capital gains tax obligation, you just get to defer all payment for a while if you're under 70 years old, or you at least get to spread out the obligation over many years. The total of years can be your lifetime or a fixed number of years determined by you when you set up the trust.

So, how does that help you? Well, if someone were to offer you a 0% interest loan on let's say $300,000.00 for the next 30 years, and you only had to make minimum payments, would you jump at the chance? Most people sure would. Think of how you could invest that 300K so that you could enjoy the benefit of the interest it accrued. This is effectively what a Private Annuity Trust does for you. It allows you to keep most of your gains working to your advantage, while paying back the money owed to the IRS over a long period of time.

This also holds for the depreciation recapture if you owned your property for a long period of time and depreciated it according to a schedule to realize annual tax advantages of owning investment real estate.

If you do not put a tax strategy in place and sell outright, not only do you owe capital gains tax, but you also owe depreciation recapture, which can be another 25-35% of your total depreciation taken over the ownership cycle of your investment.

And, you will avoid the possibility of the dreaded Alternative Minimum Tax trap. This is something else that may catch you by surprise when you least expect it triggered by your outright sale of property. This could mean having other legitimate tax deductions disqualified and a higher tax payment owed by you.

As you can see, it's definitely worth it to consult with an expert in Capital Gains Tax saving strategies before you make the decision to sell your real property.

The PAT can also work with the sale of a second home, vacation home, or even your primary residence. With these assets, a 1031 exchange is not an option.

Paula Straub is a Investment Advisor Representative and Insurance Agent in Southern California. She facilitates Capital Gains Tax Saving Strategies for clients in all 50 States by working closely with Nationally recognized companies. Paula is an educator, author and professional speaker. You can learn more about Paula at her website http://www.Paula-Straub-Capital-Gains-Tax-Site.com or contact her directly at (760)917-0858

Closing Annuity Sales: The First Appointment

Closing annuity sales is the point of the exercise, and every professional knows the euphoria of a perfect presentation and close. Some salespeople believe it is the hand of destiny ushering them through the signatures, to the button-up, the handshake, and the drive home where they bask in the good fortune of finding that "low-hanging fruit." The true professional spends the drive home replaying a different visual, a series of familiar steps that lead inevitably, unerringly to a new client for life. One salesperson gets lucky, the other gets validation.

The perfect presentation and close takes on a Zen-like quality, like the sound of one hand clapping. There is no sale, no close. There is a problem that finds a solution, a fear that finds comfort. All reasoning, all motivation comes from the client. Aristotle nailed it 2400 years ago: "The fool tells me his reasons, the wise man persuades me with my own."

Now that you've given your first pair of Safe Money Seminars and collected a couple dozen appointments, here are some defining dos and don'ts. When precisely executed, my three appointment process of closing annuity sales will assure not only sales, but new clients for life. For example, do remember that all prospects walk into your office (or await your arrival at their home) with important core emotional values - wants, fears, hopes and dreams. Don't jump into your pitch. If you insist on jumping into your pitch, save yourself the trouble and take a loaded revolver, get in the bathtub and blow your brains out. You'll earn roughly the same commission.

The FUD Factor

Instead, do observe the FUD Factor. All people have fears, uncertainties and doubts that haunt subconscious caverns and, unless confronted, render their host incapable of making decisions. These FUDs not only define their host's sense of self but also dictate how they relate to their money. Mr. and Mrs. Prospect are their fears, uncertainties and doubts as well as their money - all in varying yet fuzzy degrees. You must use your first appointment, your get-acquainted session, to deliberately and profoundly connect with these inner emotions.

How? Never lead with statements when you can lead with questions. Ask questions -- well-crafted, provocative, incisive questions -- and don't be so eager to tell your story that you neglect to hear your prospect's story. These are your money moments. The more time you spend soaking in the FUDs of your prospects, the more they will respect your advice, then help you craft solutions to their liking. The more they will think it was their idea.

And pay attention to body language, words they choke on, core emotional issues and outright fears. People are motivated by fear and greed, but fear will move them to action faster and with greater resolve than greed. Key in on the boogeyman, what keeps them up at night, what haunts their dreams. Most people need a psychiatrist more than they need a financial advisor. Fact is, a financial advisor is not very good at closing annuity sales until he or she becomes a good psychiatrist.

Three Questions

My favorite leading question is simply, "Where are you from originally?" When asked sincerely, the question gives them permission to take an autobiographical stroll down memory lane. Their eyes take on a nostalgic glow. There is a scant grin as they drift back in time recalling their childhood, their parents and siblings, schoolmates, the home they grew up in, what things were like in those days, and the passport that led them into adulthood. Your job here is to clam up and listen. Take notes like a freshman. You'll discover bedrock values along with irrational beliefs, paralyzing fears and whimsical dreams. This exercise has nothing to do directly with closing annuity sales or getting to their money... but everything to do with getting to know who earned their money. The value of their assets is less important that the values that created them.

Next I say, "Tell me about the work you did before you retired." A person's identity is largely defined by their occupational history. What they did for a living is who they are. Their need to find a sympathetic ear to acknowledge career accomplishments is on equal footing with their need to trust someone to respect what they've accumulated along the way. Talk of work often leads voluntarily to talk of IRAs and 401(k)s, but this is not an invitation for you to pounce on their nest egg. They've been waiting all their lives for a financial advisor to just listen to them. Use conversation extenders like, "...and you feel this way because?" or "...and that experience is why you've kept your money in CDs all this time?" Get to the blood, sweat and tears that went into earning their nest egg.

Then I say, "Now then, John and Mary, tell me why you asked for this appointment and maybe the two or three most important things you'd like us to talk about." They usually have a list of items to go over from your Safe Money Seminar, but if at this point they look at you like a deer in the headlights, try an alternate question like, "Tell me about the best financial move you ever made." Many people will seize the opportunity to gloat over victories. Surprisingly often, however, they'll volunteer their worst financial moves in painful detail, blow by blow, reaching deep to expose feelings that cry for emotional connection. This is when you know at a primal level that nothing in your arsenal for closing annuity sales equals the fire power of getting your prospects to tell their story.

A Few Wows

Your ratio of them talking to you talking should be about 5 to 1 or, in an hour, 50 minutes them to 10 minutes you. Remember, in your Safe Money Seminar you asked them to bring copies of last year's tax return, life insurance and annuity policies, and brokerage account statements. Since the first appointment is not about the diagnosis (finding what's broken), nor the prescription (closing annuity sales), you'll use the little time you have to 'Wow' them as much as possible. For example, if their tax return shows $7,000 to $8,000 in interest income, it's a safe bet they have roughly $200,000 in bank CDs paying 3.5% to 4% interest. You quickly do the math, glance up from the documents and say in nonchalant doctor speak, "And you've got, what, about $200,000 in bank CDs?" They verify the dollar amount for your notes and think, "Wow, how does he know that?"

Finally, you conclude the meeting. The simple message here is that, like any good doctor, you have not attempted any diagnosis and are far from prescribing any cure. The operative word here is "research." It will take you a week to research their current portfolio and/or assorted financial documents and identify areas that are not reaching their highest potential, not serving their needs, or outright broken and need fixing. Set the return appointment for the same time, same place, one week from today. Of course, you'll need to keep their documents for your research which, incidentally, reinforces the element of trust and assures their return visit. Then stand up, shake hands, look them in the eyes and thank them for sharing their lives with you.

You have done more toward closing annuity sales than anything you could have told them.

http://www.Free-Insurance-Leads.com Gary Le Mon is a wholesale distributor of fixed indexed annuities for Allianz, American Equity, Sun Life Financial, and ING.  and developer of the Safe Money Seminar, a financial planning seminar for Seniors, Gary serves as guest