Republican say they're defending family farms from the estate tax, but on the other hand, can't wait to take those family farms away if farmers had ever received Medicaid for long term care, among other reasons. This will also affect small businesses. Is this as cruel as it sounds?
Lawmakers Call for Repeal of New Wisconsin Death Tax: New
law threatens financial security of family farmers and creates potential
marriage penalty for seniors.
The state budget signed a month ago included several
important changes to the laws giving the state power to collect money and
property from families whose loved ones received Medicaid services when they
were alive, including the power to file foreclosures on properties. The law
changes received no public hearings.
Here's
Market to Market on Retiring Farmers:
Wisconsin attorneys say the changes will have the effect of
encouraging married seniors to get divorced or discouraging single older
couples to not get married. The changes may also prevent farming families from
passing their farm onto the next generation should the parents need long-term
care in the future.
Eau Claire attorney Peter Grosskopf, former chair of the
State Bar of Wisconsin’s Elder Law Section (said) “The new law makes sweeping changes
that will adversely impact family farms and small businesses. It will have the
likely effect of encouraging divorces among our elderly because it erodes the
spousal impoverishment protections that have existed for decades.”
Rep. Jon Richards (D-Milwaukee), a member of the Joint
Finance Committee (said) “The changes could force farmers and seniors all across
Wisconsin into having to make terrible choices between their families and their
financial security.”
Rep. Gary Hebl (D-Sun Prairie), the ranking Democrat on the
Assembly Judiciary Committee, said he was concerned that several of the changes
likely violate federal law, according to an analysis by State Bar of Wisconsin. “Experienced elder law attorneys have indicated
that several of these new provisions conflict with federal Medicaid law.”
Rep. Dana Wachs (D-Eau Claire) said, “If this is not rolled
back, it may become impossible to pass the family farm or small business on to
the new generation.”
Richards, Hebl, Wachs, Kahl and Doyle will soon be
introducing legislation to restore Wisconsin’s Medicaid estate recovery and
divestment laws to their original form before the budget was signed to help
Wisconsin seniors, farmers and their families.
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