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Asset Protection for the Middle ClassAsset Protection for the Middle Class

There's a new type of asset protection technique that's evolved from a well-established and highly effective elder law planning tool: the irrevocable income only Medicaid trust (IIOMT). We find the IIOMT to be an extremely effective tool in Medicaid planning. But the IIOMT is now being marketed outside the Medicaid arena as an asset protection tool for middle income families against all creditors.

24 Min Read
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Mark Merric & Robert D. Gillen

There's a new type of asset protection technique that's evolved from a well-established and highly effective elder law planning tool: the irrevocable income only Medicaid trust (IIOMT). We find the IIOMT to be an extremely effective tool in Medicaid planning. But the IIOMT is now being marketed outside the Medicaid arena as an asset protection tool for middle income families against all creditors. We question the use and effectiveness of the IIOMT as an asset protection tool, as against any creditor other than the government in the Medicaid context.

IIOMT's Original Purpose

For elder law purposes, when (1) property is given to a trust five years in advance; (2) the settlor holds only a mandatory income interes...

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About the Authors

Mark Merric

Manager

http://www.internationalcounselor.com/

 

Mr. Merric is the manager of the Merric Law Firm, LLC, a manager of the Alliance of International Legal Counselors, LLC, and a manager of China-U.S. Import Export Sourcing Company. He is active in the areas of domestic and offshore asset protection, domestic and international estate planning and international business transactions. Prior to practicing as an attorney, Mark Merric developed a strong business background practicing as a Certified Public Accountant for over twelve years. During this time, he worked for a Final Four Accounting Firm, two local accounting firms, and managed his own accounting firm.