Evan Farr is the creator of the Living Trust Plus™ Asset Protection System used by dozens of attorneys across the United States.
If you’re a client or potential client who would like more information about the Living Trust Plus™, please read this page and then click here to contact us for an appointment, or click here to register for one of our upcoming Living Trust Plus™ informational seminars.
If you’re an attorney interested in more information about the Living Trust Plus™ or interested in the possibility of licensing the Living Trust Plus™Asset Protection System, please read this page and then click here for more information.
Whether you’re rich, poor, or somewhere in between, you cannot afford to ignore the potentially devastating costs of nursing home care and other types of long-term care. Nursing homes are the most likely and one of the most expensive creditors that most Americans are likely to face in their lifetimes.
Consider the following statistics:
- About 70% of Americans who live to age 65 will need long-term care at some time in their lives, over 40 percent in a nursing home.
- As of 2008, the national average cost of a private room in a nursing home was $212 per day or $77,380 per year, and the national average cost of a semi-private room was $191 per day or $69,715 per year.
- On average, someone age 65 today will need nursing home care for approximately three years. Twenty percent of individuals will need nursing home care for more than five years.
- Fifty percent of all couples and 70 percent of single persons become impoverished within one year after entering a nursing home.
- Long-term care is not just needed by the elderly. A study by a large insurance company found that 46 percent of its group long-term care claimants were under the age of 65 at the time of disability.
- Contrast the above long-term care statistics with statistics for automobile accident claims and homeowner’s insurance claims:
- Between 2005 and 2007, an average of only 7.2% of people per year filed an automobile insurance claim.
- Between 2002 and 2006, an average of only 6.15% of people per year filed a claim on their homeowner’s insurance.
Almost everyone who drives has auto insurance, and almost everyone who owns a home has homeowners insurance, yet only about 10% of the population have Long-Term Care Insurance. The other 90% are totally at risk for winding up financially destitute because of the need for nursing home care.
Won’t a Revocable Living Trust Protect My Assets from Nursing Home Care and Other Creditors?
No. A revocable living trust protects your assets from the expenses of probate, but does not protect your assets from the expenses of long-term care while you’re alive. A revocable living trust can be designed to protect assets from the creditors of your beneficiaries after you die, but this does not help you while you’re alive. A revocable living trust provides NO asset protection at all for you while you’re alive. Since you have total access to the assets inside your revocable living trust, so do your creditors, including the most likely and most expensive creditor of all – nursing homes.
So What’s the Solution?
In response to this problem, I have developed a unique solution – a special type of asset protection trust called the Living Trust Plus™ that functions very similarly to a revocable living trust and maintains much of the flexibility of a revocable living trust, but protects your assets from the expenses and difficulties of probate PLUS the expenses of long-term care while you’re alive, PLUS lawsuits and a multitude of other financial risks during your lifetime.
The Living Trust Plus™ Asset Protection Trust protects your assets from lawsuits, auto accidents, creditor attacks, medical expenses, and — most importantly for the 99% of Americans who are not among the ultra-wealthy — from the catastrophic expenses often incurred in connection with nursing home care.
For most Americans, the Living Trust Plus™ is the preferable form of asset protection trust because, for purposes of Medicaid eligibility, this type of trust is the only type of self-settled asset protection trust that allows a settlor to retain an interest in the trust while also protecting the assets from being counted by state Medicaid agencies.
Even though the Living Trust Plus™ is “irrevocable,” it can still be revoked so long as the trustee and all of your beneficiaries agree to revoke it. Additionally, you retain a very high degree of control over your trust assets because:
- you can be the trustee if desired;
- you retain the right to receive all of the trust income;
- you retain the right to live in and use your real estate;
- you retain the right to change trustees; and
- you retain the right to change beneficiaries.