Income Producing Real Estate for Medicaid eligibility
EPIC helps Florida Elder Law Attorneys who represent clients in need of
Medicaid long term care benefits. EPIC removes the hassles and
uncertainties of owning income-producing real estate, which is one of the
best planning opportunities available for immediate Medicaid eligibility.
Elder Law Attorneys Serving Elder Law Attorneys
EPIC is owned and operated by two Board Certified Elder Law Attorneys.
EPIC does not work with the general public--we limit our services to
other elder law attorneys.
Steps in The EPIC Process:
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The Elder Law attorney determines the
amount the client needs to invest in income producing real estate,
based on Medicaid Asset Limits.
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EPIC selects the appropriate
property or properties from its portfolio and pending contracts,
based on the amount of the potential investment.
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EPIC sends the Elder Law Attorney a
proposal with the exact net monthly rental the client can expect,
with a Contract For the Sale, Lease and Purchase of Real Estate.
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The Elder Law
Attorney returns the Contract, along with a cashiers check or trust check for
the full amount of the investment, to the title company designated
by EPIC.
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The Elder Law
Attorney prepares a trust for the Client to take title to the
investment property, to avoid probate and estate recovery issues.
(EPIC provides trust forms for the attorney's use).
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The Title Company sends closing
documents to the Elder Law Attorney for the client's signature
(HUD-1 closing statement and affidavits).
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At Closing, the
Elder Law Attorney receives the client's deed to the property,
and the client leases the property to EPIC for a guaranteed monthly
rental payment over a five-year lease term.
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At Closing, EPIC sends the first month's rent
check and a Broker's Opinion Letter certifying the rental is fair
market value.
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After the client's death, EPIC repurchases the
real estate from the client's trust, at a price agreed to in the original Contract.
The terms of the client's trust control distribution of the sales
proceeds.
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From the time EPIC receives the Request for
Services form, until the client owns income producing real estate, is usually
no more than 28 days
Understanding the EPIC Process:
The
Elder Law Attorney's client buys a whole or fractional interest in one
or more income producing properties. The Client receives a deed showing their
ownership interest. If more than one person owns a property, it is
owned tenants-in-common, based on the percentage of the purchase price
contributed by each owner. If a client owns interests in more than
one property, they will have a separate deed for each property.
EPIC
rents each property from the owners. EPIC then subleases the
property to the ultimate tenant. EPIC receives payments from the
ultimate tenant, and EPIC uses this money to pay all taxes, insurance
and maintenance. EPIC also pays a fixed, net rent amount to the owner(s) of the property. If the property is owned by more than
one client, the rental income is divided pro rata based on the
percentage of ownership interests.
Within
six-months of the client's death, EPIC repurchases the
client's interest in the real estate from the client's trust. The price is set in advance,
before the client ever purchases the property. The amount of
guaranteed repurchase will vary by case, but is fixed in the original
contract. EPIC will pay the
guaranteed amount, and the client's successor trustee will deed the
property back to EPIC. The trustee distributes the sales proceeds
to the beneficiaries of the trust.
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