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General information from a recorded webinar, not legal advice for your situation.
Can you move assets to your spouse?
Short answer
Yes. Assets in the name of the spouse who needs care can move to the community spouse without a penalty. But moving an IRA between spouses means withdrawing it and paying income tax, so plan those moves carefully. Asset limits for each spouse change every January.
Key points
- Transfers between spouses are not penalized.
- IRAs carry a tax cost to move.
- Limits adjust for inflation each year.
Lauren FinkFounding attorney, Everbright Legacy Law
Read this part of the transcript
And this number changes every year in January. It’s adjusted for inflation. So we’re just about to get another bump. And one thing that I want to emphasize here is assets that are in the name of the institutionalized spouse may be moved to the community spouse’s name, and that’s not a penalized transaction. But that can cause some complications if it’s an asset that has tax implications, like an IRA, because you can’t move an IRA from one spouse to another without realizing income taxes. So if you have one spouse who has a large IRA from the time that they were working and they’re the institutionalized spouse, then there’s some planning opportunities that we will probably want to look into there as to how can we reduce the tax amount.
Created automatically from the recording. Full transcript on the webinar page.
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