Installment Sale Benefits for Seniors
Table of Contents
Installment Sale Benefits for Seniors. 1
Installment sale benefits > 55. 1
Net Investment Income Tax (NIIT). 1
Summary: Installment Sale Benefits for Sellers Over 55. 3
Important Considerations & Risks. 4
The Core Problem: Medicaid Asset and Income Limits. 4
Potential Benefits of an Installment Sale for Medicaid. 5
Significant Risks and Drawbacks. 5
- The Promissory Note is a Countable Asset 5
- Triggering a Transfer Penalty. 5
- The Income Itself Can Create Problems. 6
- The “Medicaid Qualifying Annuity” Alternative. 6
The Medicaid Annuity – A Critical Strategy for Married Couples in Long-Term Care Planning. 6
The Core Problem: Medicaid’s Asset Limit 7
Strategy Comparison: Installment Sale vs. Medicaid Annuity. 7
In-Depth Analysis: The Medicaid Compliant Annuity. 8
Why It’s Not a Countable Asset: 8
Critical Distinction: The Installment Sale Pitfall 9
Conclusion & Professional Recommendation. 9
Summary: Installment Sale vs. Medicaid Planning. 10
What about flexibility of selling a “partial” part of the note?. 11
What Does “Selling a Partial Part of the Note” Mean?. 11
Potential Benefits of Selling a Partial Interest 12
Significant Drawbacks and Tax Consequences. 12
Comparison: Full Note Sale vs. Partial Note Sale. 13
Conclusion and Recommendation. 14
What is a Medicaid Asset Protection Trust (MAPT)?. 15
Key Features and How a MAPT Works. 15
How a MAPT Compares to Other Strategies We’ve Discussed. 16
Official Government Resources. 18
Installment sale benefits > 55
For a seller over 55, an installment sale offers significant advantages, including tax deferral, the potential to remain in a lower tax bracket, and a steady, predictable income stream that can be ideal for retirement planning.
Key Advantages
Steady Income Stream: An installment sale provides the seller with a predictable flow of payments over several years, which is beneficial for managing finances during retirement.
Tax Deferral and Reduction: Sellers do not pay the entire capital gains tax bill in the year of the sale. Instead, the tax liability is spread out over multiple years as payments are received. Receiving smaller amounts of income each year may help the seller stay within a lower tax bracket, potentially reducing their overall tax burden and possibly avoiding the
Net Investment Income Tax (NIIT).
Leverage the Section 121 Exclusion: The seller can combine the benefits of an installment sale with the IRS Section 121 exclusion, which allows individual taxpayers to exclude up to $250,000 ($500,000 for married couples filing jointly) of gain from the sale of their primary residence. Any remaining gain above this exclusion can then be deferred using the installment method.
Earn Interest:
The seller can structure the deal to charge interest on the deferred payments, creating an additional source of income (this interest is taxed as ordinary income).
Expanded Buyer Pool:
Offering seller financing can attract buyers who may have difficulty qualifying for traditional bank loans, potentially facilitating a faster sale or a better price.
Flexibility:
The seller has more flexibility in negotiating the terms of the sale and payment schedule directly with the buyer, without being beholden to strict bank requirements.
Considerations Sellers should be aware of potential risks, such as the possibility of the buyer defaulting on payments, or changes in tax laws over the term of the agreement. The property sold typically serves as collateral to secure the seller’s interest in case of default.
Consulting with a tax or legal professional is recommended to structure the sale effectively.
Resources
- How Installment Sales Can Benefit Both Property Sellers and Buyers
URL: https://methodcpa.com/installment-sale-what-it-is-and-tax-benefits/ (This is a constructed URL based on the context; the original source wasn’t provided)
Summary: This article explains the structure of an installment sale, where the property seller acts as the lender, allowing the buyer to pay over time. It highlights that the property itself is typically the collateral for the loan.
- Installment Sale: What It Is and Tax Benefits – SmartAsset.com
URL: https://smartasset.com/taxes/installment-sale
Summary: This piece focuses on the key tax advantages of using an installment sale. The primary benefits include deferring taxes by spreading the taxable income over multiple years and potentially keeping the seller in a lower tax bracket, which can reduce the overall tax burden.
- Topic no. 701, Sale of your home | Internal Revenue Service
URL: https://www.irs.gov/taxtopics/tc701
Summary: This official IRS resource outlines the rules for excluding capital gains from the sale of a primary residence. To qualify for the exclusion (up to $250,000 for single filers, $500,000 for married couples), you must meet specific ownership and use tests, having lived in the home as your main residence for at least two of the five years before the sale.
Based on the provided sources, here is a consolidated and structured summary of the benefits of an installment sale for a seller over the age of 55.
Summary: Installment Sale Benefits for Sellers Over 55
An installment sale is a powerful financial and estate planning tool for individuals over 55 selling a property, particularly when it has been their primary residence. It allows the seller to act as the bank, financing the purchase for the buyer over time.
Key Advantages
- Tax Deferral and Bracket Management:
- Deferral: Instead of recognizing the entire capital gain and paying the resulting tax bill in a single year, the tax liability is spread out over the term of the installment agreement. You only pay tax on the gain portion of each principal payment you receive.
- Lower Bracket Potential: By receiving the sale proceeds over several years, you can avoid a large one-time income spike that could push you into a higher tax bracket. This can lead to a lower overall tax rate on your gains and may help you avoid the Net Investment Income Tax (NIIT).
- Combination with Section 121 Exclusion:
- This is a critical advantage. You can first apply the IRS Section 121 exclusion, which allows you to exclude up to $250,000 (or $500,000 for married couples filing jointly) of capital gains from the sale of your primary residence if you meet the ownership and use tests.
- Any gain above the exclusion amount can then be deferred using the installment sale method, smoothing out your tax burden over multiple years.
- Steady, Predictable Retirement Income:
- The installment sale creates a reliable stream of payments, which can be ideal for budgeting and covering living expenses during retirement, functioning similarly to an annuity.
- Earn Interest Income:
- The seller can charge the buyer interest on the deferred payments. This interest provides an additional source of income (though it is taxed at ordinary income rates).
- Market and Negotiation Advantages:
- Expanded Buyer Pool: By offering seller financing, you attract buyers who may not qualify for traditional mortgages, potentially leading to a faster sale or a higher selling price.
- Flexibility: You have direct control to negotiate the sale terms, down payment, interest rate, and payment schedule without being constrained by bank regulations.
Important Considerations & Risks
- Buyer Default: The primary risk is that the buyer may fail to make the required payments.
- Collateral: The property itself typically serves as collateral for the loan. If the buyer defaults, you can foreclose to reclaim the property, but this can be a lengthy and costly process.
- Tax Law Changes: Future changes in tax laws over the life of the agreement could affect the anticipated benefits.
- Professional Guidance: It is highly recommended to consult with a tax advisor and a real estate attorney to ensure the sale is structured correctly, complies with laws, and minimizes risks.
What about Medicaid?
This is a critical consideration that moves beyond just taxes and into the realm of long-term care and public benefits planning.
The use of an installment sale for a seller on, or applying for, Medicaid is extremely complex and carries significant risks.
While it offers some potential benefits, the drawbacks often make it a dangerous strategy.
Here’s a breakdown of how an installment sale interacts with Medicaid rules:
The Core Problem: Medicaid Asset and Income Limits
To qualify for Medicaid (especially for long-term care coverage), an individual must meet strict:
- Asset Limits: Typically around $2,000 in countable assets for an individual in most states.
- Income Limits: While some Medicaid programs have no hard income limit, for long-term care, income can affect your cost-sharing (your “patient pay amount”).
Potential Benefits of an Installment Sale for Medicaid
- Asset Conversion: It converts a large, countable asset (the property) into a stream of payments. This can help an individual “spend down” their assets to meet Medicaid’s limit.
- Structured Spend-Down: The predictable income could be used to pay for care during a Medicaid penalty period (see below), potentially shortening its effective length.
Significant Risks and Drawbacks
1. The Promissory Note is a Countable Asset
This is the biggest risk. In Medicaid’s eyes, the remaining balance of the promissory note from an installment sale is not just future income—it is a countable asset. The value of that note is considered a resource you own and could potentially convert to cash.
- Result: If the note’s value pushes your total countable assets over the limit (e.g., $2,000), you will be ineligible for Medicaid until you somehow “spend down” the value of that note.
2. Triggering a Transfer Penalty
Medicaid has a “Look-Back Period” (typically 60 months, or 5 years) where all asset transfers are reviewed.
If you sell your house to a family member for less than its fair market value (FMV), the difference is considered a gift, and a penalty period of ineligibility is triggered.
- An installment sale can avoid this only if it is structured as a “Fair Market Value” transaction. This means:
- The sale price must be at FMV.
- The promissory note must be actuarially sound (payments are calculated to pay off the balance over the loan term).
- The note must be irrevocable and non-transferable.
- Payments must be made in equal amounts during the term with no balloon payments.
3. The Income Itself Can Create Problems
The regular payments from the installment note count as income.
- For institutional/long-term care Medicaid, this income will likely have to be used to pay for your care (your “patient pay amount”), leaving you with little benefit from the payments.
- For other Medicaid programs, the income could simply make you ineligible if it exceeds the program’s limits.
4. The “Medicaid Qualifying Annuity” Alternative
Often, a better and safer strategy for married couples is the “Medicaid Annuity” or “Spousal Annuity.”
- How it works: The community spouse (the one not in a nursing home) uses excess countable assets to buy a specific, state-compliant, immediate annuity. This converts a countable asset into a non-countable income stream.
- Key Difference: A properly structured Medicaid annuity is not considered a countable asset, whereas an installment sale promissory note is.
The Medicaid Annuity – A Critical Strategy for Married Couples in Long-Term Care Planning
Audience: Real Estate Investors, Financial Planners, and Individuals Navigating Long-Term Care
Source: REISkills.com Research
Executive Summary
When a married couple faces the staggering cost of long-term care—often exceeding $100,000 annually—protecting their life savings becomes a urgent priority. While strategies like installment sales have their place, they are often ill-suited for a Medicaid crisis. For married couples, a Medicaid Compliant Annuity (or “Spousal Annuity”) is frequently a safer and more effective tool to protect assets while achieving Medicaid eligibility for the ill spouse.
This report contrasts the installment sale strategy with the Medicaid Annuity, explaining the critical mechanics and legal distinctions that make the annuity a preferred option for asset protection in a crisis situation.
The Core Problem: Medicaid’s Asset Limit
To qualify for Medicaid long-term care benefits, an individual must have “countable assets” below a very low threshold (often around $2,000 in most states). The healthy spouse (the “Community Spouse”) is allowed to retain a higher amount, but any assets beyond that limit must be “spent down” on care before Medicaid will step in. This can rapidly deplete a family’s wealth.
Strategy Comparison: Installment Sale vs. Medicaid Annuity
| Feature | Installment Sale | Medicaid Annuity (Spousal Annuity) |
| Primary Goal | Tax deferral, steady income from a property sale. | Asset protection and Medicaid eligibility during a long-term care crisis. |
| Best For | Retirement planning in a non-crisis context. | Married couples where one spouse needs nursing home care. |
| Treatment of Asset | The promissory note is a countable asset. | The annuity is not a countable asset (if compliant). |
| Timing | Can be done at any time. | Crisis planning; used at the time of Medicaid application. |
| Income Stream | Goes to the seller. | Income stream goes to the community spouse. |
| Key Risk | Causes Medicaid ineligibility due to the note’s value. | Protects eligibility if structured correctly under state and federal law. |
In-Depth Analysis: The Medicaid Compliant Annuity
How It Works:
- The Crisis: One spouse (the “Institutional Spouse”) enters a nursing home. The couple’s assets exceed Medicaid’s allowable limit.
- The Conversion: The healthy “Community Spouse” uses the couple’s excess countable assets (e.g., cash from savings, investments, or even the proceeds from a home sale) to purchase a specific, state-compliant, immediate annuity.
- The Result: The couple converts a countable asset (cash) into a non-countable income stream (the annuity payments). This successfully reduces their countable assets to meet Medicaid’s strict limits.
- The Income: The annuity is structured to pay back the principal and interest in equal monthly payments to the community spouse for a term that is shorter than or equal to the community spouse’s life expectancy as defined by Medicaid actuarial tables.
Why It’s Not a Countable Asset:
Under the Medicaid rules, a properly structured annuity meets the definition of an “excluded asset.” To be compliant, it must be:
- Immediate: It must begin payments immediately, with no deferral period.
- Irrevocable: It cannot be cashed out, sold, or assigned.
- Actuarially Sound: The payment term must be based on the community spouse’s life expectancy, ensuring the annuity will be fully paid out within that period.
- Pays to the Community Spouse: Payments must be made solely to the community spouse.
Because the annuity is irrevocable and provides a stream of income that cannot be converted to a lump sum, Medicaid does not count it as a resource. It is treated as income for the community spouse, which is subject to different (and much more favorable) limits.
Critical Distinction: The Installment Sale Pitfall
As detailed in the comparison table, the fundamental flaw of using an installment sale in a Medicaid context is the treatment of the promissory note.
- The Note is an Asset: Medicaid regulations explicitly state that a promissory note (the legal IOU from an installment sale) is a countable asset. Its present value is considered a resource that the seller could theoretically convert to cash.
- Result: If a couple creates an installment sale note while applying for Medicaid, the value of that note will be added to their countable assets. This will almost certainly push them over the asset limit, causing a denial of benefits and triggering a mandatory spend-down of the note’s value.
Conclusion & Professional Recommendation
For a married couple facing the immediate need for long-term care, a Medicaid Compliant Annuity is a strategically superior tool for asset protection compared to an installment sale.
- The Installment Sale is a powerful tax and income planning tool but is a liability in a Medicaid eligibility context.
- The Medicaid Annuity is a powerful asset protection and eligibility tool designed specifically for the Medicaid crisis planning scenario.
Disclaimer for REISkills.com: The strategies discussed herein are complex and governed by strict federal and state-specific laws. This information is for educational purposes only and does not constitute legal or financial advice.
It is imperative that individuals consult with an experienced Elder Law Attorney before executing any Medicaid planning strategy. An attorney can ensure that a Medicaid Annuity is structured in full compliance with local regulations to achieve the desired outcome of protecting assets and obtaining benefits.
Summary: Installment Sale vs. Medicaid Planning
| Feature | Installment Sale for Non-Medicaid Planner | Installment Sale for Medicaid Applicant | Medicaid-Qualifying Annuity (Alternative) |
| Primary Goal | Tax Deferral, Steady Income | Convert a property into a payment stream | Shelter assets to meet Medicaid eligibility |
| Promissory Note / Annuity Value | Counted as an Asset (big problem) | Counted as an Asset (big problem) | Not counted as an asset (if structured correctly) |
| Payments | Counted as Income | Counted as Income (must go to care) | Counted as Income for the community spouse |
| Risk of Penalty | Low, if FMV sale | High risk if not perfectly structured as FMV | Low, if product is state-compliant |
Crucial Recommendation
Consulting with an Elder Law Attorney is absolutely essential before using an installment sale if Medicaid is a current or future concern.
An Elder Law Attorney, not just a generic tax professional or real estate attorney, is specialized in this exact area. They can:
- Analyze your specific state’s Medicaid rules (they vary significantly).
- Determine if an installment sale can be structured to comply with Medicaid’s complex “fair market value” rules.
- Advise if a Medicaid Annuity or another strategy (like a personal service contract or a life estate) would be a far safer and more effective way to protect your assets while achieving eligibility.
In summary, while an installment sale has clear tax benefits for a retiree over 55, it becomes a legal and financial minefield when Medicaid is part of the picture.
The risk of inadvertently causing Medicaid ineligibility for a long period is very high.
What about flexibility of selling a “partial” part of the note?
Of course. This is an advanced strategy that touches on both the benefits and the significant risks of using an installment sale.
Selling a partial interest of the promissory note (the legal document representing the debt from the installment sale) is indeed possible and adds a layer of flexibility.
However, it comes with major tax and financial consequences that must be carefully weighed.
Here’s a breakdown of selling a partial part of the note:
What Does “Selling a Partial Part of the Note” Mean?
Instead of selling the entire note to an investor for a lump sum (a “full buyout”), you sell only a portion of the remaining payments. For example:
- You could sell the next 60 monthly payments to an investor for a lump sum today.
- You could sell a 50% interest in all remaining payments, meaning you and the investor would each get half of every payment until the note is paid off.
- After the predetermined number of payments are sold, the payment stream would revert back to you (this is known as a “Partial Assignment”).
Potential Benefits of Selling a Partial Interest
- Liquidity on Demand: This is the primary advantage. It allows you to access a significant lump sum of cash for an unexpected expense—such as medical bills, home repairs, or helping a family member—without having to call the entire note due or refinance the loan.
- Risk Mitigation: By selling a portion of the payments, you are effectively diversifying your risk. You get a lump sum from the investor upfront, which is guaranteed, and are no longer exposed to the risk of the buyer defaulting on that specific block of payments.
- Retains Future Income: Unlike selling the entire note, a partial sale allows you to retain ownership of the remaining payments. You continue to receive a (smaller) income stream after the sold portion is complete.
Significant Drawbacks and Tax Consequences
- Triggers Immediate Taxation (The “Tax Acceleration” Trap):
- This is the most critical drawback. The IRS treats the sale of a portion of the note as a disposition.
- When you sell a block of payments, you must recognize and pay taxes on the deferred capital gain associated with those specific payments, all at once.
- Example: You sold a property with a $200,000 deferred capital gain over 10 years. In year 3, you sell the next 60 payments for $50,000. A significant portion of that $50,000 lump sum will be treated as capital gain and taxed in that year, potentially pushing you into a higher tax bracket and defeating one of the main purposes of the installment sale.
- Sale at a Discount:
- Investors are not charities. They buy notes to make a profit. They will require a discount on the future payments to account for their risk and desired rate of return.
- You will not receive the full face value of the payments you are selling. The discount rate can vary widely based on the perceived risk of the note (the buyer’s credit, the property’s equity, etc.).
- Complexity and Cost:
- Selling a partial interest is more complex than selling the entire note. It requires a formal partial assignment agreement and precise calculations.
- You will likely need to pay fees to a note broker or attorney to facilitate the transaction.
- Impact on Medicaid (Connecting Back to Your Previous Question):
- The lump sum you receive from the partial sale would be considered a countable asset. If you are on or applying for Medicaid, this sudden influx of cash would almost certainly make you ineligible until you “spend down” that lump sum on care.
Comparison: Full Note Sale vs. Partial Note Sale
| Feature | Keeping the Installment Note | Selling the Entire Note | Selling a Partial Interest |
| Income Stream | Yes. Predictable, long-term. | No. You get one lump sum and it’s over. | Yes, but reduced. You get a lump sum now and a resumed income stream later. |
| Taxation | Deferred. Tax is paid as payments are received. | Accelerated. All remaining deferred gain is taxed in the year of the sale. | Partially Accelerated. The gain on the sold payments is taxed immediately. |
| Liquidity | Low. Tied up in future payments. | High. You get all your money now. | Moderate. You get a lump sum now for a portion of the future payments. |
| Risk | Bearer of Default Risk. You carry the full risk of the buyer defaulting. | No Risk. The investor assumes all future default risk. | Shared Risk. The investor assumes risk for the sold payments; you retain risk for the rest. |
Conclusion and Recommendation
Selling a partial interest in an installment note is a powerful tool that provides liquidity at the cost of tax deferral.
- It is a good option if: You have a pressing, specific need for a large amount of cash and are willing to pay the tax bill now on that portion to get it, while still preserving some future income.
- It is a bad option if: Your primary goal is to maximize tax deferral and maintain a steady, predictable income stream for retirement.
Consult with both a tax advisor and a reputable note broker before pursuing this strategy. They can help you model the tax impact and determine what kind of discount you might face in the market, allowing you to make a fully informed decision.
What about Medicaid Asset Protection Trust (MAPT)?
You’re now moving into a core strategy used in elder law and long-term care planning.
A “Medicare Medicaid Trust” is more accurately called a Medicaid Asset Protection Trust (MAPT).
It’s crucial to understand that this type of trust is designed for Medicaid eligibility, not Medicare.
Medicare has very different rules and does not require asset spend-down.
Here is a comprehensive breakdown of what a Medicaid Asset Protection Trust is and how it works.
What is a Medicaid Asset Protection Trust (MAPT)?
A MAPT is an irrevocable trust specifically designed to hold an individual’s assets (like a home, investments, etc.) so those assets are not counted for Medicaid eligibility purposes, while still allowing the individual (the “Grantor”) to benefit from the assets in certain ways.
The primary goal is to protect assets from being completely depleted to pay for long-term care (e.g., a nursing home), which can cost over $100,000 per year.
Key Features and How a MAPT Works
- Irrevocable Nature
- Once you create and fund the trust, you generally cannot change or revoke it. This is the key trade-off: you give up direct ownership and control to protect the assets.
- Because you no longer legally “own” the assets (the trust does), Medicaid does not count them as your resources.
- The 5-Year Look-Back Period & Timing
- This is the most critical rule. Medicaid imposes a 60-month (5-year) “Look-Back Period”.
- If you transfer assets into a MAPT within 5 years of applying for Medicaid, it is considered an improper transfer of assets. This will trigger a penalty period—a length of time during which you will be ineligible for Medicaid benefits, even if you have no money left.
- Therefore, a MAPT must be established and funded well in advance of needing care to be effective. Planning ahead is absolutely essential.
- The Trustee
- You, the person creating the trust, cannot be the sole trustee. You must appoint an independent trustee (e.g., another family member, a trusted friend, or a professional/corporate trustee).
- The trustee manages the trust assets according to the rules you set out in the trust document.
- Rights and Benefits You Retain
Even though you don’t own the assets, you can still retain significant benefits:
- Income Beneficiary: The trust can be structured to pay you any income generated by the trust assets (e.g., stock dividends, rental income).
- Right to Live in the Home: This is a very common provision. You can retain the right to live in your home for the rest of your life, even though the trust now owns it.
- Power of Appointment: You can often retain the power to decide who ultimately inherits the trust assets after you pass away (the remainder beneficiaries).
How a MAPT Compares to Other Strategies We’ve Discussed
| Feature | Installment Sale (for Medicaid) | Medicaid Annuity | Medicaid Asset Protection Trust (MAPT) |
| Primary Goal | Convert property to income stream | Convert countable assets into an income stream | Shield assets from Medicaid spend-down |
| Best For | A single, non-residence asset sale | Married couples with excess assets | Single or married individuals planning in advance |
| Timing | Can be done at any time | Crisis planning; when applying for Medicaid | Proactive planning; 5+ years before needing care |
| Impact on Assets | Promissory note is a countable asset | Converts asset to non-countable income | Assets in trust are non-countable (after 5 years) |
| Control | You control the note terms | You give up the lump sum for an income stream | You give up legal ownership and control to a trustee |
| Home Protection | Does not directly protect the home | Does not protect the home | Yes, can specifically protect the home |
Pros and Cons of a MAPT
Advantages:
- Asset Protection: It is one of the most effective tools for protecting a home and other assets from nursing home costs.
- Peace of Mind: Allows for pre-planning, ensuring your legacy is passed to your heirs.
- Probate Avoidance: Assets held in the trust avoid the probate process upon your death.
Disadvantages:
- Irrevocable: You lose direct control and flexibility over the assets.
- Advanced Planning Required: Useless for a crisis situation unless it was set up more than 5 years prior.
- Cost and Complexity: Setting up a MAPT requires an experienced elder law attorney and has upfront legal costs.
- Capital Gains Considerations: When the home in the trust is eventually sold after your death, your heirs may lose the benefit of the “step-up in cost basis” that they would have received if they had inherited it directly. This is a complex trade-off that must be discussed with an attorney.
Crucial Recommendation
A Medicaid Asset Protection Trust is a powerful but complex legal instrument. It is not a do-it-yourself project.
You must consult with an experienced Elder Law Attorney in your state. They can:
- Advise if a MAPT is the right strategy for your specific situation.
- Draft the trust correctly to comply with both state and federal Medicaid laws.
- Explain the critical trade-offs, especially regarding the step-up in cost basis.
- Guide you on selecting a trustworthy trustee.
In summary, a MAPT is the cornerstone of proactive long-term care planning for individuals who have significant assets (especially a home) to protect and have the foresight to plan at least five years ahead.
Here is a curated list of essential links from authoritative sources like AARP, the IRS, and other key organizations for elder law and related financial matters.
These resources will help you explore the topics we’ve discussed—installment sales, Medicaid, trusts, and more—in greater depth.
Official Government Resources
- Internal Revenue Service (IRS.gov)
- Topic No. 701, Sale of Your Home: The definitive source for rules on the Section 121 exclusion.
- Publication 523, Selling Your Home: Provides detailed worksheets and examples for calculating gain and the exclusion.
- Publication 537, Installment Sales: Covers the rules for reporting income from installment sales.
- Form 6252, Installment Sale Income: The actual form used to report the sale.
- Medicaid – Official State Resources
Medicaid is state-run, so rules vary significantly. You must use your state’s official website.
- Medicaid.gov State Directory:
- Find Your State’s Medicaid Agency:
- A simple search for “[Your State] Medicaid agency” or “[Your State] Department of Health and Human Services” will lead you to the correct site.
Reputable Non-Profit & Advocacy Organizations
- AARP (American Association of Retired Persons)
AARP is one of the best starting points for consumer-friendly information on all aspects of aging.
- AARP Caregiving & Health: Covers long-term care, legal issues, and Medicare/Medicaid.
- AARP Money: Includes articles on retirement planning, taxes, and selling your home.
- National Academy of Elder Law Attorneys (NAELA)
This is the premier professional association for elder law attorneys. Their public resource center is excellent.
- NAELA Public Resource Center:
- “Find a Lawyer” Directory: The best way to locate a qualified elder law attorney in your area.
- Eldercare Locator (US Administration on Aging)
A public service of the U.S. Administration on Aging that connects you to local services for older adults and their families.
- Main Website:
- Phone Number: 1-800-677-1116
- Consumer Financial Protection Bureau (CFPB) – Older Americans
Provides resources and guides to help older adults manage their finances and avoid financial exploitation.
- Managing Someone Else’s Money Guides:
How to Use These Links
- For Tax Questions (Installment Sale, Section 121): Start with the IRS.gov links. They are the definitive source for tax rules.
- For Understanding Medicaid and Planning Concepts: Use AARP and the NAELA Public Resource Center for clear, explanatory information.
- For Finding Professional Help: Use the NAELA “Find a Lawyer” directory to locate a qualified elder law attorney and the Eldercare Locator to find local support services.
- For Your State’s Specific Medicaid Rules: Always refer to your official state Medicaid agency website. Do not rely on general summaries for your final decisions.
Important Disclaimer: The information provided by these resources is for educational purposes only and does not constitute legal or tax advice. The laws surrounding these topics are incredibly complex and personalized. You must consult with a qualified Elder Law Attorney for advice on Medicaid planning and a CPA or Tax Advisor for the tax implications of strategies like installment sales.