The Conversation That Changed How Michael Thought About Money

Michael was 54 years old when his father sat him down at the kitchen table and told him the plan.

His parents had a paid-off home in Sarasota worth $420,000. They had $310,000 in savings and investments. A life insurance policy with a $150,000 death benefit. All told, just under $900,000 — nearly a million dollars that Michael and his sister would one day share.

"We've worked our whole lives for this," his father said. "We want to make sure you and your sister are taken care of."

Michael left that conversation feeling reassured. His parents had done the right things. They had saved. They had a home. He had no reason to worry.

Three years later, his mother was diagnosed with Alzheimer's. Two years after that, she entered a memory care facility at $9,500 per month. His father, unwilling to leave her, moved into the same facility eighteen months later.

By the time both parents had passed away — five years after that kitchen table conversation — Michael and his sister received a combined inheritance of just over $60,000.

The $900,000 was gone. Nursing home costs had consumed the savings. The house was sold to cover remaining care expenses. The life insurance paid out, but the probate costs and final expenses consumed a significant portion.

Michael was not angry at his parents. He was heartbroken for them — and for what they had intended to leave behind.

"Nobody told us," he said. "We thought we had a plan."

If you are reading this article, you may be in one of two positions. You may be a parent who has worked hard to build something worth leaving behind — and you want to make sure it actually gets there. Or you may be an adult child who has had a conversation like Michael's, and you are starting to wonder whether the numbers will actually hold.

Either way, this article is for you. Because the gap between what parents intend to leave and what their children actually receive is one of the most significant and least-discussed financial problems facing families today.

The Short Answer: Three Things Shrink an Inheritance

Before we go into detail, here is the core of what this article covers. There are three primary forces that reduce what children actually receive from a parent's estate:

  • Long-term care and nursing home costs — the single largest threat for most families
  • Probate costs, delays, and fees — often far higher than families expect
  • Income taxes on inherited retirement accounts — a significant and frequently overlooked erosion

Each of these can be addressed with proper planning. But the planning must happen before the crisis — not during it. Let's look at each one in detail.

The Biggest Threat to Your Inheritance: Long-Term Care Costs

The single greatest financial risk to any inheritance is the cost of long-term care. Not investment losses. Not bad estate planning. Not taxes. Long-term care.

The numbers are staggering — and they are getting larger every year.

What Care Actually Costs in Florida and Minnesota

In Florida, a private room in a nursing home or memory care facility currently runs between $120,000 and $160,000 per year. In Minnesota, similar facilities run $140,000 to $160,000+ annually. Assisted living memory care — often the step before a nursing home — costs $60,000 to $96,000 per year depending on level of care and location.

These are not outlier numbers. They are the going rate at facilities that most families would consider reasonable and appropriate for their parents.

Now layer in the timeline. The average person with Alzheimer's disease lives eight to ten years after diagnosis. The final three to five years of that journey typically require full-time residential care. A parent who enters a memory care facility at 82 and lives to 89 may require seven years of care. At $150,000 per year, that is $1,050,000.

Very few families have $1,050,000 to spend on care before inheritance. Most families have a fraction of that. And when the money runs out, the assets — including the family home — are consumed next.

Medicare Does Not Cover This

One of the most dangerous misconceptions I encounter in my practice is the belief that Medicare will cover long-term care costs. It will not — at least not the kind of sustained, custodial care that dementia and Alzheimer's patients require.

Medicare covers short-term skilled care following a hospitalization — physical therapy, wound care, that kind of thing. It covers the first 20 days in a skilled nursing facility at full cost, then requires a daily co-pay from day 21 through day 100, and provides nothing after day 100.

For the years of custodial care that dementia patients need — help with bathing, dressing, eating, and daily life — Medicare provides essentially nothing. The cost falls entirely on the family.

The Medicaid Reality

Medicaid will pay for long-term care for people who qualify financially. But qualifying means spending down most of your assets first — typically to $2,000 in countable assets for a single individual. For a married couple, the healthy spouse is entitled to keep a protected amount, but even those protections have limits.

And the family home — which many parents consider the centerpiece of their children's inheritance — is exempt from Medicaid's asset calculation while your parent is alive. But after death, the state can file a claim against the estate to recover what Medicaid paid for care. This is called Medicaid estate recovery, and it can result in the family home being sold to reimburse the government.

I will say that again because it surprises almost every family I tell it to. Even if your parent is on Medicaid and the nursing home cannot force a sale of the house while they are alive, the state can recover the cost of care from the estate after your parent passes. The home your parents intended to leave you may need to be sold to pay back Medicaid.

What This Looks Like in Real Numbers

Let us return to Michael's family. His parents had combined assets of approximately $880,000. Here is roughly what happened to those assets:

Deduction Florida Example Minnesota Example
Starting Assets (home+savings+life insurance) $880,000 $880,000
Memory care-mother (3.5 years x $9,500/mo) -$399,000 -$399,000
Assisted living-father (2 years x $6,500/mo) -$156,000 -$156,000
Nursing home-father (1 year x $12,000/mo) -$144,000 -$144,000
Remaining assets before death ~$181,000 ~$181,000
Probate costs and attorney fees -$28,000 -$28,000
Final expenses and outstanding bills -$18,000 -$18,000
Medicaid estate recovery claim -$75,000 -$75,000
Net Inheritance Received by the Children ~$60,000 ~$60,000

These numbers are illustrative and every family situation is different — but they are not unrealistic. They reflect the actual math of long-term care costs applied to a middle-class estate with no advance planning in place.

The Second Threat: Probate Costs Your Family May Not Expect

Most people have a vague sense that probate is something to avoid — a slow, unpleasant legal process. What most people do not know is how expensive it actually is, particularly in Florida.

How Probate Works and Why It Costs So Much

Probate is the court-supervised process of validating a will, paying debts and expenses, and distributing assets to beneficiaries. Every state has its own probate laws, and the costs vary considerably — but both Florida and Minnesota probate can impose substantial fees on an estate.

In Florida, attorney fees for probate are set by statute and are based on the gross value of the estate — not the net value after debts. This is an important distinction. The fee calculation includes the full appraised value of the home even if there is a mortgage.

Florida Probate Fees: The Statutory Schedule

Florida Statute 733.6171 sets presumptively reasonable attorney fees for estate administration as follows:

  • 3% of the first $1 million of the gross estate value
  • 2.5% of the value between $1 million and $3 million
  • 2% of the value between $3 million and $5 million
  • Further reductions above $5 million

These fees apply separately to the attorney for the personal representative and, in some cases, to the personal representative themselves. On a $600,000 estate — a home worth $400,000 and savings of $200,000 — the statutory attorney fee alone is $18,000. If the personal representative also takes a fee, that is another $18,000. Total: $36,000 before court costs, accounting fees, and other expenses.

Add those additional costs and a straightforward Florida probate on a modest estate can easily cost $25,000 to $45,000 or more. On top of that, probate in Florida routinely takes sever months to a year or more to complete — a period during which assets are tied up, the family has limited access to funds, and the entire contents of the estate are a matter of public record.

Minnesota Probate

Minnesota does not use a statutory fee schedule in the same way Florida does — attorneys charge by the hour or as a flat fee, and probate costs tend to be somewhat lower overall. However, a Minnesota probate on a mid-size estate will still typically cost $5,000 to $20,000 in combined fees and can take twelve to eighteen months.

The bigger issue in Minnesota — as in Florida — is not just the cost but the time. Assets tied up in probate cannot be invested, distributed to beneficiaries, or used to pay for care. For families dealing with a surviving spouse or adult children managing their own financial lives, a two-year probate delay has real costs beyond the attorney fees.

Probate Is Not Inevitable

This is the critical point. Probate happens when assets are left in a person's name alone at death with no mechanism for automatic transfer. It is not a law of nature — it is a planning failure.

Assets held in a revocable living trust pass to beneficiaries without probate. Assets with beneficiary designations — life insurance, retirement accounts, payable-on-death bank accounts — pass outside of probate. In Florida, assets held by a married couple as tenants by the entirety or joint tenants with right of survivorship also pass automatically to the surviving spouse.

A properly structured estate plan — one that accounts for how each asset is titled and who is named as beneficiary — can eliminate probate entirely or reduce it to a simple summary proceeding. This is one of the clearest, most direct ways to protect the inheritance your parents intend to leave.

The Third Threat: Taxes on Inherited Retirement Accounts

The third inheritance-reducing force is one that surprises families most consistently — income taxes on inherited retirement accounts.

When a parent passes away and leaves a traditional IRA, 401(k), 403(b), or similar pre-tax retirement account to an adult child, that child inherits both the asset and the tax liability. Every dollar withdrawn from that inherited account is taxable as ordinary income to the beneficiary.

The SECURE Act Changed Everything

Before 2020, beneficiaries of inherited IRAs could "stretch" distributions over their own lifetime — taking small required minimum distributions each year and allowing the rest to continue growing tax-deferred. This strategy allowed families to minimize the tax impact over decades.

The SECURE Act of 2019, effective January 1, 2020, eliminated the stretch IRA for most non-spouse beneficiaries. Under the new rules, most adult children who inherit an IRA must fully withdraw — and pay taxes on — the entire account within ten years of the original owner's death. There is no option to spread it over a lifetime.

The SECURE Act 2.0, passed in 2022, made further modifications to these rules — and the IRS has continued issuing guidance that creates complexity and confusion for families trying to plan. The interaction between these rules, combined with the beneficiary's own income tax bracket, can result in a substantial portion of an inherited retirement account going to the IRS rather than to the family.

What This Looks Like in Practice

Imagine your parent leaves you a $300,000 traditional IRA. You are 52 years old, working, and in the 24% federal tax bracket. You must withdraw the entire account within ten years. If you take equal distributions, that is $30,000 per year — added to your existing income. Depending on your state of residence and your other income, you may pay 28% to 35% or more in combined federal and state taxes on each distribution.

On a $300,000 IRA, that could mean $75,000 to $105,000 paid in taxes. Your $300,000 inheritance becomes $195,000 to $225,000 after taxes — before you have spent a single dollar of it.

This is not hypothetical. It is the predictable, mathematical result of inheriting a pre-tax retirement account under current law.

Strategies That Can Reduce the Tax Hit

There are legitimate legal strategies to reduce the income tax burden on inherited retirement accounts. These include:

  • Roth conversions during the parent's lifetime — converting traditional IRA funds to Roth IRA funds while your parent is alive pays taxes now at the parent's rate, which may be lower, and allows the Roth account to pass income-tax-free to beneficiaries
  • Charitable remainder trusts or other charitable giving strategies that use retirement account assets to benefit charity while providing income to heirs
  • Strategic beneficiary designations that direct retirement accounts to specific beneficiaries based on their tax situations
  • Coordinating the timing of IRA withdrawals across the ten-year window to minimize the impact on the beneficiary's marginal tax rate

These strategies require advance planning and coordination between an estate planning attorney and a financial advisor or CPA. They cannot be implemented after the account owner has passed away.

What a "Good" Estate Plan Actually Looks Like

Many families believe they have done the right things because they have a will, a trust, or a power of attorney in place. In some cases they have. In many cases, they have done some of the right things but left significant gaps that will cost their families dearly.

Here is what a comprehensive plan — one actually designed to protect an inheritance — addresses:

For the Assets Themselves

  • A revocable living trust that holds the primary residence, investment accounts, and other significant assets — eliminating probate and enabling smooth transition at death
  • Proper beneficiary designations on retirement accounts, life insurance, and financial accounts — reviewed and updated regularly
  • Titling of all assets reviewed and coordinated with the trust and beneficiary designations — the most common planning failure is a trust that exists on paper but does not actually hold the assets
  • In Florida, consideration of a Lady Bird Deed for the family home to protect against Medicaid estate recovery while preserving the ability to live in and control the property. That being said, for reasons that go beyond the scope of this article, I generally do not recommend them for my clients. Instead, a trust is often a better planning tool.

For Long-Term Care Protection

  • A Medicaid Asset Protection Trust for families who want to begin the five-year lookback clock running on home and savings — the single most powerful tool for protecting assets from nursing home spend-down
  • Long-term care insurance review for parents who still have policies — understanding elimination periods, benefit amounts, and what triggers coverage
  • Spousal protection planning for married couples — ensuring the community spouse protections are fully utilized if one spouse needs care
  • A clear understanding of the Medicaid five-year lookback and a plan that accounts for it

For Retirement Account Tax Planning

  • A review of all retirement accounts and Roth conversion analysis — determining whether converting some or all pre-tax accounts during the parent's lifetime reduces the family's overall tax burden
  • Beneficiary designation planning that accounts for each beneficiary's tax situation and the ten-year rule under the SECURE Act
  • Coordination with the family's financial advisor and CPA to ensure the estate plan and investment strategy are aligned

The Conversation Your Parents Need to Have — And When to Have It

One of the most common things I hear from adult children is that they did not want to bring up money with their parents because it felt uncomfortable. They worried it would seem like they were focused on the inheritance rather than on their parents' wellbeing.

I understand that instinct. But I want to offer a different frame.

The conversation about estate planning is not about money. It is about protecting everything your parents worked for. It is about making sure their intentions — whatever those are — are actually carried out. It is about sparing them the indignity of watching a lifetime of savings consumed by costs that could have been managed with the right plan.

And it is about sparing you the grief of sitting at a lawyer's office a decade from now, being told that the $500,000 your parents intended to leave you became $60,000 — not because of anything anyone did wrong, but because no one made the right moves at the right time.

When Is the Right Time?

The right time to start this planning is always earlier than you think. Here is a simple framework:

  • If your parents are in their 50s or early 60s and healthy — now is the time for a comprehensive estate plan with basic long-term care consideration. The cost is low and the options are wide open.
  • If your parents are in their late 60s or early 70s — now is the time to review whatever plan exists, add Medicaid Asset Protection Trust planning, and begin the five-year lookback clock. Every year of delay is a year the lookback clock is not running.
  • If your parents are in their late 70s or early 80s — urgency increases significantly. The window for Medicaid Asset Protection Trust planning may be closing. A comprehensive elder law review is needed immediately.
  • If a parent has already been diagnosed with a serious illness or is already in care — there may still be options, but they are narrower and more complex. Call an elder law attorney this week.

Real Stories From Thirty Years of Practice

The Family That Did the Planning

I want to end with a different kind of story.

Richard and Helen came into my office when they were both 68. Their three adult children had encouraged them to come. They had a modest revocable trust from an attorney they had used years earlier — good for probate avoidance, but nothing designed for long-term care protection.

We spent a few weeks doing a complete overhaul. We transferred their home into a Medicaid Asset Protection Trust. We updated beneficiary designations on their retirement accounts. We did a Roth conversion analysis with their financial advisor and converted a significant portion of Richard's IRA. We put comprehensive health care documents in place for both of them.

Seven years later, Helen developed Parkinson's disease and required memory care for the last four years of her life. Richard stayed in their home, which was protected in the trust. Helen's care costs were covered by her long-term care insurance policy — and when that was exhausted, she transitioned to Medicaid. Because the home had been in the trust for more than five years, it was not subject to Medicaid estate recovery.

Richard passed away two years after Helen. Their three children received an inheritance that was within a few percent of what Richard and Helen had intended to leave them at the time they came into my office — despite four years of memory care costs.

That is what the right planning looks like. Not magic. Not loopholes. Just the right legal structures put in place at the right time, by people who understood what they were building.

The difference between Michael's family and Richard and Helen's family was not luck. It was not wealth. It was one conversation — and the decision to act on it.

Frequently Asked Questions

If my parents have a will, are they protected?

A will is better than nothing, but it is far from a complete plan. A will does not avoid probate — it guarantees it. It does not protect assets from nursing home costs. It does not address retirement account tax issues. A will alone leaves most of the major threats to an inheritance completely unaddressed.

My parents have a revocable living trust. Is that enough?

A revocable living trust is an excellent tool for avoiding probate and ensuring a smooth transition of assets at death. But it does not protect assets from Medicaid or long-term care spend-down. Medicaid treats assets in a revocable trust the same as assets held outright. For long-term care protection, additional planning — such as a Medicaid Asset Protection Trust — is required on top of the revocable trust.

Can my parents just give us the assets to protect them from a nursing home?

This is one of the most common questions I receive — and one of the most dangerous strategies to pursue without professional guidance. Medicaid looks back at all financial transfers made in the five years before a Medicaid application. Gifts made during that window can result in a penalty period during which your parent cannot receive Medicaid benefits. Unplanned gifting is one of the most common ways families accidentally make their situation significantly worse.

How does Florida's homestead exemption affect inheritance?

Florida's homestead law provides significant protections for the primary residence during the owner's lifetime — including protection from most creditors. However, homestead law and Medicaid estate recovery are separate systems. Florida's Medicaid program can file estate recovery claims against a homestead property after the owner's death, depending on the circumstances. Proper planning — including Lady Bird Deeds and Medicaid Asset Protection Trusts — can protect against this specific risk.

Is this planning only for wealthy families?

This is exactly backwards from the reality. Wealthy families have enough assets that they can self-fund long-term care and still leave a meaningful inheritance. It is middle-class families — those with a paid-off home, some savings, and real assets to protect — who are most at risk of losing everything to care costs and probate. The planning we are describing is most important and most impactful for exactly the kind of family in the $300,000 to $2 million range.

Ready to Protect Your Family's Legacy? Call Us Today.

Whether you are a parent who wants to protect what you have built, or an adult child who wants to make sure your parents' plan actually works — a conversation with an experienced estate and elder law attorney is the most important step you can take. Call us today to scheduled your consultation at (941) 909-4644 for our Sarasota Count, FL office or at (763) 420-5087 for our Minnetonka, MN office.

Or fill out the contact form on this page and a member of our team will reach out to schedule your consultation.

Share this article with your parents and every sibling in your family.

If you would like to discover more, here are some additional resources:

How to Protect Your Home from Nursing Home Costs FREE GUIDE: Download "Save Our Home: How to Protect Your Home and Life Savings From Long-Term Care and Nursing Home Costs"

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This free guide walks through the legal strategies families use to protect their home and savings from long-term care and nursing home costs — including Medicaid planning strategies most families never hear about until it is too late.

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Avoid Probate, Save Taxes and Protect the Money You Leave your kids in the event they get divorced FREE ONLINE MASTERCLASS: Estate Planning Strategies to Avoid Probate, Save Taxes, and Protect Your Family's Wealth

Register for the free masterclass to learn the same sophisticated strategies Chuck uses with his private clients — including how to protect the money you leave for your children from divorce, creditors, lawsuits, and nursing home costs.

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Roulet Law Firm, P.A. | Licensed in Florida and Minnesota | Nearly 30 Years of Experience | rouletlaw.com

About the Author

Chuck Roulet is an estate and elder law planning attorney at Roulet Law Firm, P.A., with offices in Minnetonka, Minnesota and Venice, Florida. He is licensed in both states and has nearly 30 years of experience helping families protect their homes, life savings, and legacies. He has been interviewed by USA Today, The Epoch Times, Live Life Large, Money Matters and other national media, and is the author of several books including The Florida Snowbird Guide. He teaches continuing education to attorneys, financial advisors, and government professionals across the country.

This article is for informational purposes only and does not constitute legal advice. Please consult with a licensed attorney regarding your specific situation.

Chuck Roulet
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Nationally Recognized Estate Planning Attorney, Author, and Speaker