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View Diary: The New Grave Robbers: Wisconsin GOP (82 comments)

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  •  This is standard procedure in many places (2+ / 0-)
    Recommended by:
    Puddytat, hnichols

    see posting below.

    •  There's a federal law about this (6+ / 0-)

      which enables states to claim reimbursement for past use of these programs.  

      What the new law here does, however, is remove the limits the feds put in place to protect things like funeral trusts.  That's what makes it different (and sleazy).

      There already is class warfare in America. Unfortunately, the rich are winning.

      by Puddytat on Mon Aug 19, 2013 at 04:07:06 PM PDT

      [ Parent ]

      •  Hmm (2+ / 0-)
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        Puddytat, dennis1958

        I think I need some more research here. The thing is, most trusts are used by wealthy people to protect themselves from taxes, and from situations like this where the state tries to recoup money from them or their estates. The vast majority of people (poor or middle class) can't afford a lawyer to set up a trust. (Funeral trusts may be an exception, I don't know anything about them... I just know a fair bit about other kinds of trusts.)

        Many people, not just the 'most needy', end up on Medicaid when they are in hospice or nursing homes. And some of them manage to shield their money from the state by use of trusts, thus getting the benefits due the needy, while passing on large estates to their children. I'm not comfortable with that. So I'd like to know whether this stops that, and how much effect it has on actual regular human beings (i.e. not the top 10%, but the bottom 90%, income-wise. And I'm in the top 10%, so please don't mistake my contempt as being based on ignorance. :-)

        •  The rich will be able to protect themselves (2+ / 0-)
          Recommended by:
          myboo, Rosalie907

          The real people that will be hurt by this will be the elderly middle class and poor whose estate has dwindled as the ravages of old age and associated costs overwhelm them.  They will also not be able to afford the lawyer fees for help sheltering any of their limited assets.

          I don't think people should be stripped of everything by the state when they die.  Leaving some jewelry or the like to the next generation as a remembrance is important to all of them.

          There already is class warfare in America. Unfortunately, the rich are winning.

          by Puddytat on Mon Aug 19, 2013 at 09:12:02 PM PDT

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        •  maybe?: of interest.... (1+ / 0-)
          Recommended by:
          Puddytat

          please forgive if  I'm missing the point here and wasting your time.
          I have a friend Ion. He's been on SSI pretty much all his life. His father was a millionaire. (3-5 mil or so). When Ion's dad died (there was no will as I undertsand it) a trust was set up that allows Ion to live in the his dad's house rent free and provides Ion small amounts of funds monthly for various things, like cable tv and other "life comfort" things. Ion remains on SSI and medicare/medicaid. As I understand it, upon Ion's death the proceeds of the estate will go to the state and the feds.
          Ion and his father live/lived in Minnesota.
          While this setup seems to me like a way to scam the government, any consternation I have about it is completely overwhelmed by my happiness for Ion, in that his life experience is vastly improved. No more homelessness and wondering the streets for Ion. The setup keeps him out of trouble and safer than he was before, by a long shot.
          It appears to me from the info in this diary that had this situation occurred in Wis., well,  Ion would be on the streets and Wis. would have the house.
          So glad Ion lives in Minnesota rather than Wis.
          Perhaps this perspective is helpful. Again, I apologize if I've missed the point. Thank you.

          •  This new law affects Wisconsin only (1+ / 0-)
            Recommended by:
            dennis1958

            They need to be warned not to move here (for now).  

            I don't think that the way they have things set up is a scam.  People are on SSI for medical or psychiatric reasons.  And it's definitely not enough to live on.  It's a good thing that his father left a trust for him so he can live a better llife.

            There already is class warfare in America. Unfortunately, the rich are winning.

            by Puddytat on Tue Aug 20, 2013 at 10:01:35 AM PDT

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      •  In 2002 (1+ / 0-)
        Recommended by:
        Puddytat

        We had to put my Mother in a nursing home due to her Dementia and other medical problems.  Living in NYC, we had to prepay her funeral expenses.  Her savings account didn't have much in it (approximately $10,000) so all we had to do was submit a notarized letter stating that the monies were given by her to her children prior to her entering the home.  Everything else we had her divide between the 3 of us after our Father had passed away in 1988 (I think the law here states that anything transferred 10 years or less prior to her entry into the facility became the property of the nursing home) .  Her Social Security check then went directly to the home.  My mother passed away in 2009.  The only things we had to pay out of pocket were for her haircuts and for any clothing we wanted them to purchase twice a year when they had a company come in that sold clothes to the residents, but we found that we could purchase them cheaper on the outside.  

        Never be afraid to voice your opinion and fight for it . Corporations aren't people, they're Republicans (Rev Al Sharpton 10/7/2011) Voting is a louder voice than a bullhorn.

        by Rosalie907 on Tue Aug 20, 2013 at 12:43:06 AM PDT

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        •  That's the way things work according (0+ / 0-)

          to federal law except that it's 5 years now.  Anything given away (outside of a trust) within 5 years can be scooped up by the state or feds.

          The new law inserted sneakily into the Wisconsin State budget seems to remove all the federal protections, including trusts.

          There already is class warfare in America. Unfortunately, the rich are winning.

          by Puddytat on Tue Aug 20, 2013 at 10:03:56 AM PDT

          [ Parent ]

          •  I don't know if that's legal (0+ / 0-)

            And if state law surpasses federal law.  I would definitely look into it with the Democratics.

            Never be afraid to voice your opinion and fight for it . Corporations aren't people, they're Republicans (Rev Al Sharpton 10/7/2011) Voting is a louder voice than a bullhorn.

            by Rosalie907 on Tue Aug 20, 2013 at 08:10:39 PM PDT

            [ Parent ]

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