Generally, real estate gets probated in the state where it is located (unless it is in an LLC etc.). For example:
Talk to an estate attorney to get specifics for your particular situation.
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Most states don’t even have an estate tax. For those that do it’s generally only for estates that are in excess of 4 million or even more in most states. At that level attorney will be weighing in on all these issues.
It’s still a good topic for discussion… which state would handle probate?
I was using estate tax loosely to include inheritance tax. 17 states have estate or inheritance tax. Most of them with minimal exemption.
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Most assets that are subject to probate are processed through the probate court in the locale where the decedent resided/was domiciled prior to death.
Where did the deceased person reside?
The first step is to determine where the decedent lived, for all intents and purposes. There are several factors to consider in making the determination:
- The state in which they were registered to vote
- The address they used for the majority of their mail
- The state that issued their driver license
- Where they filed their state taxes
- Where their business entity is registered (if applicable)
- Where their cars were registered
The exception is real estate and sometimes other physical assets such as automobiles, boats and the like. Probate for these assets are usually in the state/county where the asset is located.
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Not sure if this helps, but in Virginia the death certificate forms (or something from the time of death) says to use the last residence that was not a nursing home or hospital. So I assume the residence before the care facility would be the address (state) to use.
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Some of these discussions border on the main topic of this thread. Good information, but maybe some of it is more appropriate on ‘parents caring for parents’ thread.
In retirement planning, when one wants their home to not go to pay for skilled care (nursing home), Medicare/Medicaid has a look back period on assets (like a home) transferred ownership (title). One spouse going in for skilled care, remaining spouse can keep the home and a certain amount of assets – check on these rules and timetables.
The best scenario IMHO (having worked in skilled care/rehab) is to enter the best choice facility while still being a ‘paying’ client, but which will retain the patient if they indeed transition to Medicare/Medicaid for their care. Some patients enter with ‘rehab days’ on Medicare after a hospital stay - but can no longer go home, to Independent Living or to Assisted Living.
Some states have more expanded Medicaid than other states. IDK if this affects one’s relative/friend being able to find a rehab/skilled care bed after a hospital stay, and having the extended care time (going into Medicaid) at the same facility.
Hospitals (and their social services) often provide a list of rehab facilities (and their star ratings) when the patient needs to get moved out of the hospital. There is government funded Elder Care advising (so ‘free’ advice) to find out resources and procedures available. Local Senior Center may be a place to find out all the information resources. Elder Care Attorneys (paid help) can be very good to have all the legal documents and also know some of the care facilities.
Some people on this thread understand some of this with working with their parents/relatives/friends that have had elderly health issues.
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It seems like what our generation (and this group) collectively learn while caring for parents will help us all plan better for the variety of scenarios possible in later years. Probably most of us feel same as me…. want to minimize the burden on our children.
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DW is ready to sign up for Medicare. I’m already signed up and have a Plan G supplement policy. She’ll do the same.
I chose a supplement that includes Silver Sneakers, for the free gym memberships, which is less important for her.
We live in a state where you can change plans without having to answer health questions. Any advice for us?
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You’re lucky that you can change plans easily. It makes the initial decision much easier. Is there a discount if you both sign up for the same plan? I will probably sign up with the same company as H, because we’ll get a 7% discount. That makes it an attractive price.
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Many of the Plan G supplements offer a discount if you and your wife are on the same plan. Both my husband and I had United Healthcare AARP which offered this spousal discount. At the time, Mutual of Omaha also had the discount.
AARP includes gym membership as do many of the other plans.
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I’ll check on United Healthcare, but when I signed up they were the most expensive option.
I’ll look into spousal discounts on all providers.
I should probably call an insurance broker but I expect they’d try to steer me to a Medicare Advantage plan, which would annoy me.
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My husband and his Medicare broker (a few years ago) quickly ruled out Medicare Advantage options after at their initial discussion.
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We made my husband’s Medicare gap insurance decision fairly quickly. BSBC had something like 85% of the Medicare market in our state and the rates were competitive. SO we went with them.
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Interesting as in my state, it was the cheapest at the time, but only by a few dollars.
If you log into your Medicare account, there is a place at the top to search plans. This will at least give you an idea, but working with a broker will also give you the information you need.
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Don’t all plans with the same letter cover the same things? Like all G supplement plans are the same? Why does it matter what company you pick?
Nope not all plans are created equally - they can vary by not only premiums but by coverage details. They need to stay within the state rules but after that they can make them different. Even the same providers can offer have multiple supplement plans within that state.
I believe the only difference between plans of the same letter is that some companies add on gym memberships.
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It may vary by state. In my state, there is one gap plan that offers dental for an extra charge. Some gap plans include gym membership. That’s the extent of “extras” on gap plans here.
yes, check with teh carrier to see if they offer a family discount for both of you enrolling. Blue Shield and Anthem/Blue Cross in CA both offer a ~7% discount. But you have to both be in the same plan, so she would have to enroll in the plan that also offers Silver Sneakers. (Does it also have VSP?)