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Placing the life policy in an ILIT, effectively tosses chairs of the deck, so to speak, when done far enough out of look-back.
Since the Spia is also off deck, then it's a matter of edges. First, by keeping the life premium under the annual gifting limit, you avoid using lifetime gift and inhereritance tax limit. You are gifting the premiums to the ILIT.
By using a certain period spia (say ten years) you risk some of the amount falling into the look-back period since the gift is spread out, but that may be ok, because you have eliminated the look-back on the lump sum.
Obv. the requirements in assets and income vary by state. Anyone doing these should have an elder law attorney they can partner with.
Since the Spia is also off deck, then it's a matter of edges. First, by keeping the life premium under the annual gifting limit, you avoid using lifetime gift and inhereritance tax limit. You are gifting the premiums to the ILIT.
By using a certain period spia (say ten years) you risk some of the amount falling into the look-back period since the gift is spread out, but that may be ok, because you have eliminated the look-back on the lump sum.
Obv. the requirements in assets and income vary by state. Anyone doing these should have an elder law attorney they can partner with.
Disclaimer.
Showing folks how to qualify for Medicaid is not my gig so I know enough to be dangerous. I do recall a bit about countable assets in determining Medicaid eligibility. Moving assets from a CD to an annuity, or an annuity + CV life insurance is just rearranging the deck chairs. It doesn't matter where your money is (other than a SP immediate annuity which is a different issue), they still total up your liquid cash assets (and income) before giving the thumbs up or thumbs down.
Moving some of the funds into a SPWL/SPUL increases the potential benefit to the heirs, and changes the tax treatment on the inheritance, but I must be missing something if you are saying it also changes the scope of Medicaid qualification.