How Do I Sign Connecticut Assignment of Partnership Interest

How do i document type sign assignment of partnership interest connecticut

you Welcome I'm Jennifer Brown at the Dean of the law school and I'm very pleased that you all are here to listen to these two papers and to be with us for this which i think is the fourth in the series of student workshops are emerging scholars and this opportunity that we have to showcase our students work just think a very important part of what we do here I sometimes think about the final bench for a moot court or the final bench for mock trial as a great opportunity for the community to get together and congratulate people for all the hard work and to see the product of their labors and this is a very similar kind of thing for these students who have worked so hard on their research and writing to produce the scholarship and the new knowledge so welcome everyone and congratulations to Tyler into megan for for your work today thanks we so Tyler will do a little presentation on his note and there are commentators today our professor Michael John whom you all know and Michael clear whom I think a lot of you also know is a partner at wigan and Dana the in the firm's private client services department he is co-chair of the probate and estate section of the Fairfield County Bar Association a member of the board of directors of the Connecticut chapter of the exit planning xchange and a graduate of the quinnipiac university school of law where he was the executive managing editor of the probate law journal so welcome back thank you all right well thank you for coming tonight subject of my note or the title of my note is simplify the process why Connecticut should adopt the use of transfer on death deeds I have the first slide I sort of want to just start out by explaining why i chose this topic and you know sort of what interested interested me and researching and writing about this during my 2l year I had the opportunity to in the first semester take a legislation course which was then followed up as the second half of that was doing an internship up at the State Capitol in Hartford my particular placement up there was with the legislative Commissioner's Office which basically are just the staff attorneys who do all the bill drafting for each of the different committees of the up at the State Capitol so there's one attorney assigns each committee I had the opportunity to work with just about every attorney in the office in some way but I primarily worked with two attorneys who did energy and then the other turn you did education so not relevant to this but it gave me a lot of experience in build rafting we having a little problem of them but and so once I got the experience in build rafting and working in that field I wanted to try and find something that a way to incorporate that into my note and make that a part of my research here and but I didn't want to just write about any bill or any draft or anything like that I wanted to find something that I did have a true interest in within the probate field and one of my interest was real estate law I've had pleasure of taking mikko John's course the real estate transactions course here at the law school and I've also had the opportunity to intern for firm in Cheshire Balian hirschman which is one of the more prominent residential real estate firms I've worked over the summer and I'm still working there this semester so it's given me a lot of good experience on the practical side of real estate and how closings are operated and that sort of thing so basically what that led me to was finding the uniform real property transfer on death act death deed Act which was a uniform act that was proposed in two thousand are drafted in 2009 since that time about 24 states have taken the uniform act and adopted that into their state laws in some way with some minor changes but most states have essentially adopted the act as it was released from uniform law commission so basically I took a look at the uniform act and sort of did analysis of what exactly transfer on death deeds were what the effect of them were and why that why I think it would be a good thing for Connecticut to adopt such a law so basically just to give you a brief overview of what exactly a transfer on death it is very similar to a typical deed that you would use to purchase a piece of property most states that I've seen the examples of that have it it's a very simple one-page document includes a lot of the same formalities that you'd find in a typical warranty deed or something similar you know name it has to just name the Grand Tour and the beneficiaries have a legal description of the property that's being conveyed has to have a signature by the Grand Tour and have it be acknowledged so that's the first main element of a transfer on death d the second one is really what differentiates a transfer on death deed and differentiates it from other types of deeds is that it must contain a statement that the transfer will take place upon the grand towards death so you that's going to sort of apply to the third step where you record on the land records even though you're recording it it's not taking effect right away it's not until as I'll discuss later the beneficiary puts the land on puts the town on notice or town or county on notice by recording a death certificate which would then put the transfer on death deed in to act and transfer the property over to the beneficiary just looking at a couple of the benefits to the Grand Tour of using a transfer on death deed one of the main benefits that I found in my research was that there is no requirement that the Grand Tour give notice get acceptance or deliver the deed to the beneficiary this is strictly Grand Tours act they can do this on their own but make anybody they choose to be the beneficiary or beneficiaries and they have to don't have to give any notice I'll discuss a little bit later on why that could also be a negative there's some downfall to that which I'll get into a little bit later on but regardless the main appeal of this is that beneficiaries don't really have the ability to influence somebody transferring property or not transferring property to them and a lot of what I found in my research too was that this was a waste the reason a lot of states were adopting this was sort of an alternative to adult older adults who were adding on children as joint tenants with rights of survivorship to their property which would then sort of subject them to any possible judgments and the beneficiary would have interest in the property that could be attached in a judgment a divorce any sort of thing like that so there's some risk involved with the grantor Center the homeowner simply putting their child or somebody like a relative or somebody like that as a joint tenant on their property as opposed to this where the beneficiary doesn't have any rights until they take the property at the death of the the Grand Tour the main benefit which I focused on a lot in my paper was um that this document is revocable at any time before the grand towards death so they can you know fill this document out and give it to a particular beneficiary if life circumstances change over the course of time they can simply revoke this document which can be done by a subsequent transfer on death deed which would revoke by inconsistency it can be an outright clear document of revocation simply stating they're revoking the previous transfer on death deed or inter vivos key that would state clearly in there that it's overriding the transfer on death deed and transferring the property to that the person purchasing at that time there was a couple of notes of caution that they've talked about in the uniform act and some of the discussions that I had research was for people to will be aware if there's a couple or multiple grand tours that are doing a transfer on death deed revocation has to be by each grant or if it's safe it's a married couple doing it a husband cannot simply revoke and then have revocation apply to the wife they both do have to revoke in whatever way they choose to do so and it cannot be done by physical act as seems obvious once you record it on the land record you can't simply go home and rip it up and expect that you've revoked it because that's still going to show up on the land record and anybody who subsequently searches the land record will believe that that document is still valid so what happens with the effect of a transfer on death deed sort of during the life of the Grand Tour is that the transfer doesn't occur until all the Grand Tours have died so similar in a similar situation to which I just discussed with multiple Grand Tours a spouse would be protected so if a husband and wife did it transfer on death d to a particular beneficiary and one of the Grand Tours dies that doesn't affect that does not yet convey the property to the beneficiary you have to wait for all of the Grand Tours to died however many that may be what happens in one Grand Tour dies but another grant were to side then they want to revoke I believed in from what I understand of the laws so far they would be able to revoke i believe the entire transfer on death the grant to that beneficiary and they can choose a new beneficiary so it still does provide the living remaining grant or the ability to adjust the transfer on death deed to a new beneficiary if they feel that the old beneficiary is no longer worthy of getting the property there is a little bit yeah there is a possibility for that arm you know I think it's something relatively new like I said you know the uniform act was just in 2009 a lot of states have just been recently adopting you especially within the last year or two I think it's one of those things that's going to certainly adjust over time once it's sort of gets out into practice and a few people start using it and lawmakers and attorneys have a chance to see what type of situations arise like what you just mentioned and health of all might need to be amended based on that and I specifically want to highlight section 12 of the Uniform Act which I include in my paper more in-depth it does go into specifically what rights or what rights the transfer on death d does not affect during the life of the grants or it doesn't change anything with the Grand Tours rights it's still there still a property owner nothing has changed there as I mentioned the beneficiary acquires no rights until the death and another one I wanted to highlight was that it does not affect any of the Grand Tours creditors it doesn't affect their rights which is very important because as most people do they have there mortgage on their home which the the creditors will have a right to in the case of foreclosure or anything like that okay so once the Grand Tour dies like I said before they can simply go to the way and records most states have adopted the uniform act which they suggested was the method of simply recording a death certificate on the land records which would then put anybody on notice that they have taken property under the Trent the previously recorded transfer on death deed the thing that I found interesting about this was and this is what I mentioned earlier where although you're not required to put the beneficiary on notice I think that as long as you don't think it's going to be detrimental and may be good to put the beneficiary on notice that it they are entitled to this property under the trance from death deed because the uniform Act and the laws in a lot of states that have adopted it does say that the beneficiary takes the property subject to any conveniences encumbrances assignments contracts mortgage lien any other interests that are currently that the grantor has on the property so if the property is heavily encumbered I saw that as a you know the beneficiary is going to need to evaluate how they take this property and if they simply are overwhelmed by it and have no interest they could disclaim the interest altogether which is possibility under this law or they could it could be the difference between them deciding to keep it as a principal residence and maintain ownership or simply looking to sell the property right away hopefully to pay off all the outstanding debts on the property so some of the benefits of using a transfer on death deed I apologize for the technology but one of the major benefits highlighted which I know as we spoke could be a little bit controversial is that the beneficiary gets to step up in his tax basis on if they once they take the property so it's considered that the transfer obviously would occur at the time of the grand towards death and that's when the beneficiary would take the property so the beneficiary get the benefit of the value at the time that the grand tour is as died and they take the property obviously this could be a significant of money depending on how long the grantor is owned the home and how much they purchased it for this is a home that the Grand Tour is on for 20 25 years they may have bought it for a small sum of money and it now could be worth you know a couple hundred thousand dollars and the step-up could be pretty significant in that case another obviously benefit that I mentioned before is sort of the benefit of avoiding the possibility of adding your child on as a joint tenant with rights of survivorship you know as I mentioned that you just want to avoid the possibility of the beneficiary sort of taking advantage of the rights that they acquire when they're put on as a joint tenant and possibly taking advantage of the Grand Tour and putting them in a detrimental situation while the Grand Tour is still relying on that property as their home a couple of the concerns that a lot of people have raised in the states that have started to adopt transferring death the den states that I've kate's that have considered the law but not opted it is as much as it's a benefit that the Grand Tour can revoke at any point there also could be a downside to that in that the Grand Tour is the only person capable of revoking this obviously if a situation comes up where the Grand Tour becomes incapacitated then the transfer on death deed is essentially locked in and whoever the beneficiary is at that time if the Grand Tour never becomes capable again of revoking then and life and they wish later on to change the beneficiary they may not be able to if the Grand Tours in is incapacitated and then the other thing that has come up is that certain states have made Grand Tours in eligible for Medicaid benefits because what they have considered is that although they the idea of the law is that the transfer does not occur until the death of the Grand Tour if you once they say that you create the transfer on death d they're considering that that transfer at that time and they're saying that because of that asset transfer you are not they would not be eligible for Medicaid benefits specifically Colorado has drafted this into their laws and they specifically said if you do a transfer on death feed there's no question you were absolutely in eligible for Medicaid so again like the situation that I raised if somebody becomes incapacitated or needs significant Medicaid help later in their life but may be unable to revoke depending on their their capacity at the time on this could create an issue one possibility I thought of for solving this problem would be for the Grand Tour Grand Tours to execute a durable power of attorney at the time they do the transfer on death this was something that certain states have that have adopted the law such as Washington have amended their laws regarding the durable power of attorney to say that you can provide somebody else a power of attorney with the power to revoke a transfer on death deed as long as you explicitly state it in the document for the power of attorney so you know if Connecticut were to consider this law and consider adopting it they may also have to look at some complementary laws like the power of attorney laws to possibly add and add that section in so that everything complies and the Grand Tours have options in case certain situations like a capacity might come up later in their life I'm sorry yes sure I'm possible for the trustee just I awful more words can I convey my property to my trust in my research I did not find anybody who used it in that Hughes the transfer on death deed in that capacity like I said it's relatively new I did attempt to research to see get an idea of you know what who might be using these the most and you know what type of people does this benefit the most but there really isn't a lot out there yet in terms of statistics or dad on who is using it if it's in a trust capacity or if it is just individual Grand Tours who learn of the law and want to take advantage of it I think that might be something that comes out more over time so it may be possible for a trustee and again that might be something that state legislature state legislators need to address once they decide to adopt this one that's possible too okay finally there was a couple of relevant complementary laws that I sort of discussed in my paper that came up in a lot of states and with the uniform act now on that states at least want to take a look at and make sure that their laws are you know cohesive with adopting a transfer on death deed act would be the anti laps law you have to at least consider whether or not if a beneficiary does pre-deceased the Grand Tour if you you know how your auntie laps laws in that particular state may affect what happens to the property then the falls to the beneficiaries or if it falls into intestacy obviously that can have a big effect on where the property goes and whether or not that's complying with the intentions of the Grand Tour revocation by homicide I thought this was relatively as self-explanatory for this case since the property transfers on death you certainly don't want to incentivize anything so you want to make sure revocation by homicide your laws in your state are very clear that you cannot get rid of the Grand Tour to say and make sure that the property transfers to you sooner rather than later and then the simultaneous death statutes um you know obviously that can have an effect based on the fact that this is a death transfer you just need to be clear as to what happens in a situation where a Grand Tour and a beneficiary may die simultaneously or in close time with each other what's going to happen with the transfer on death in that situation and the final part of my paper was my recommendation I did something a little bit different than I think what most typical notes due for a recommendation section typically that's kind of your summation where you give your opinion on all the research that you just discussed and all the research you did I did a little something a little bit different where I decided to take a look at it and say if Connecticut was going to adopt this what should the law look like so i drafted the bill myself i didn't include a anything on the power point because it's a little bit lengthy it's a couple pages long but based on my experience with the legislative Commissioner's Office and taking the course in legislation I had a very little bit of experience drafting bills and I sort of wanted to take on the challenge of directing something more substantial myself so I took on that challenge and I was happy with how it came out and I don't know if kinetic Connecticut did consider this back in 2013 how the Judiciary Committee did take a look at it they had a public hearing on the bill but after the public hearing it didn't make it out of the committee at that point I did speak at my time with LCL with the attorney who represents the Judiciary Committee and who had done some work some research and some drafting of the potential bill and I asked him specifically what happened to this bill and why it didn't proceed in 2013 and he said really that year just the the legislators in the Judiciary Committee weren't very educated on it they it was something relatively new they hadn't had a lot of time to learn what exactly they were discussing here and it sort of just got passed out by more pressing matters that they were more interested in in pursuing through the judiciary bills yesterday so maybe coming back up this year thank you yeah but so it's something that may be coming up again this year and you know I certainly don't expect my draft to be the one considered but I hope hope I did a respectable job and again if you know if anybody does wish to take a look at any part of the note and in particular the section that I did where I drafted the bill you can owe you can certainly contact me or anybody with the probate journal we can get you a copy of the issue that's coming out I believe in the next week or so and that'll have my full note in it including the draft of the bill that I did so you talked briefly about who you thought would like it who won't like it I think in terms of who won't like it I think it's going to depend on how much exposure that's really guess I think it's good there's there's a certain amount of Education that needs to take place here you know in in my research and my thinking of drafting the note was this was just providing a what I thought was a good alternative to elderly people you know particularly later in life and they might be looking for some assistance in any kind from there there are you know adult children and that's the type of situation where they may add on a child on the joint tenant or something like that in terms of who won't like that I think there are some flaws in it where I think there's needs to be some stuff worked out where I think there could be some changes in terms of the process of how it's done on the land records I think that can be a little bit confusing i think you know title companies and people who deal in real estate on a regular basis might might need might have some input on this because i think the fact that you could have a transfer on death deed recorded you know say this year the Grand Tour may not die for another 20 years and then simply having a death certificate recorded you know that could cause I think a little bit of confusion on the land records so I know that was one thing that I found during my study other was I think there could be more discussion more thought into possibly how you handle the recording of it and sort of how it's dealt with on the land records because I know and thinking about it i was i was thinking who wouldn't like it and i have to imagine actually creditors aren't gonna like it attorneys aren't gonna like it to an extent you know funeral homes month might not like it and why it's because you you make an easy transfer at death of if yours if the tendon population of people would say who aren't going to have a connecticut estate tax problem so it states under 2 million dollars and you're trying to facilitate the probate probate process probate avoidance one of the things that probate protects our creditors and having sufficient funds to pay off somebody's debts the mortgage is easy right because the mortgage stays on stays on but if you could maybe talk about and I think this might go to one of your questions so sorry all right can you talk about what you what you think the process will be on when there aren't enough liquid assets in the state and you have more claims plus this property or other property that is I think this was Jeff sorry this might even something we talked about a little bit fessor where I think I think there still is the possibility on if there isn't enough assets for the estate to cover the debts I think there is still the possibility that you know a creditor could attach a lean to the property as long as you know property has enough value to cover whatever portion of that it might be so I think that process might still you know all this although that one of the primary goals of this is to sort of take you out of probate there is that possibility that the you know probate side could still be involved with attaching a lean to the property and you know sort of satisfying their debts to that way but if I could just pick up on that as I read your statue let's say you have a $300,000 stay and four hundred thousand dollars worth of debt the debts are not paid pro rata from all of the assets probate and non pro bang they're paid 300 thousand of the four hundred thousand dollars in debts would be paid from the estate and only a hundred thousand from the property that goes under the D Y favor the beneficiary under the D over the beneficiaries under the will or under an intestacy I think it may depend on the you know that particular situation and how many you know beneficiaries they are handling it on both the deed side and the probate side and you know I haven't seen specifically the states that have adopted this really deal with this issue and that's something I think you know when we had this discussion about this I think it's something that certainly needs to be addressed is how would the division of you know that that debt that lean be handled because there is a possibility for one side to benefit a lot more than the other so I think that's why I found this to be a good sort of basis of a law and a good idea in general but I think there's a lot more that goes into and that might be part of the process of you know the reason the legislators legislature in Connecticut is taking a couple years to consider this possibility is I think there's a lot that goes into amending other laws or making sure it complies with other laws to sort of a address all the situations and I think it's something that is still developing because I had I've had a very hard time I really didn't find any current litigation that involved transfer on death deeds where they might have been able to sort of weed out some of the issues that might come up with the use of these so I think as the years go on especially in the states that adopted it much more the beginning about five or six years ago I think they might see a little bit more litigation of people starting to pick out some of these issues like you've raised and we might start to see more clarity and how those sort of issues might be handled with this law on the one of one of those issues i think is especially in connecticut is the elective share for surviving for its further surviving spouse there's I always mess in my head I I mix these statutes for elective chair and intestacy but either way it's based on the probate estate so it's a it's an easy way for a bad spouse to knock out the other spouse maybe not their bad spouse it's about acting to knock out the other spouse in Connecticut so that is I thinking you'd pointed you pointed that out but it's one of those things in Connecticut that will cause their problems at least in drafting I think they're absolute you know there is I think like with any law there is certainly downsides and concerns there I think is the matter of how much that's being taken advantage of and obviously this is something that becomes something where then spouses are taking advantage other way too much that I'm sure it's something that this law you know handled why should the holder of a durable power of attorney be able to revoke one of these deeds I think you told me the holder of a durable power cannot revoke a will yes so if you've got an incompetent principal and the holder of a durable power of attorney that attorney-in-fact can revoke the transfer on dev feet even though he or she cannot revoke the person's will and I just wondered why the difference yeah I think where I kind of looked at it was you know they tend not they cannot revoke a whale which you know actually want to maintain what the testator's intentions were with creating the will but I did find that a lot of the states that I that currently have the law to allow durable power of attorneys to have some control over transfer on death deeds like I said if it's specifically list specifically stated in the power of attorney document and the way I looked at it too was that if you created a trust which is sort of another alternative to doing something like this you're going to give a trustee certain power over your assets in the power to to make pretty significant decision similar to something like this over a trust so I think if you're going to be able to to delegate power in that sense I don't think it's too far of a stretch as long as the Grand Tours in this case are you know overtly aware of what they're granting what power they're granting and I think that goes into part of this I think suggested law is that it's you know so simple a grand tour could simply grabbed the form document offline and do it themselves which i think is actually a major flaw on what the uniform act I was one of the major flaws I thought and how they drafted it was they seem to suggest that was one of the major benefits well I think that's pretty dangerous to actually suggest because I think even if the Grand Tour may fill out the document himself and and executed to the best of his knowledge I think it at the very least he needs to at least bring it to an attorney to have the attorney review it to make sure it's executed properly and I think to have a conversation with the attorney to make sure they fully understand this law of exactly what are they doing and what the effects are once they do record that on the land record and it becomes a valid document raises another question which is whether you think the formalities that are used for deeds are equivalent in terms of the formality the functions that formalities are generally supposed to serve to will formalities I think there I think these I think the formalities of a deed could serve in this case because you know the document is intended for the grantor to simply you know it's a simple diagram that the Grand Tour is just able to transfer property I think I would keep the you know the sort of keep it similar to a deed in that sense and not require the further requirements of executing a will you know again obviously there can always be situations where that becomes a little bit dangerous if you don't have witnesses testing to whatever is going on in the situation but I do think that the deed requirements would would satisfy in this case the lot I mean similar on those lines I think most powers of attorneys will allow you to change the beneficiary designations they might be a bit you may be able to change the Totten trust final owner so it it is somewhat similar in at least if it's a fiduciary dude doing it you then have a breach of duty action against that person which is a nice kind of run backdrop for more attorney work the thinking about I think the question on joint owners and just let me see if I got this right so we own a property together joint tenants right or survivorship together both of us pick a beneficiary there's a possibility to do sort of pull I think you could you know joint owners could pick what singular beneficiary but okay I think there's a there's the pasta body that you could choose multiple beneficiaries but then I died he's got the property he can change it again so he owned he now owns the whole he can he can what he couldn't do when I was living he can now do now that I'm dead to change the ultimate beneficiary right yeah I thought that's my understanding of no balls that have been adopted 2d I certainly don't think it's the best idea but it's interesting if they were tenants in common right right because then if I could revoke the whole thing I could change the designee of his half interest even though he and I have didn't own the property joint it may apply differently I think with tenants in common though because I think you you know your interests are separate in that case so I think you may just you know if you if you know say you and turn you clear you know owned it as tenants in common and you drafted a transfer on death d2 to me I think I that would be at you know upon your death it would transfer to me and then I believe my understanding of it is we would be tenants in common than with attorney clear so I think it would would change a bit in that situation if if that was the case i think one of the one of the great benefits is that getting client getting people not to add children as joint tenants with righteous fireship to ease the transition of death the negative they're the reason why we don't want to do it cuz clients will do that they avoid the probate process part of that problem though is that they often pick one child just thinking that oh they're just going to manage it so when they named beneficiaries to do they pull in the terms like per stirpes and or they are they going after specific people the forms that I've seen are very basic it's simply been named of grantor name of beneficiaries however many of them so I've seen a very basic I haven't seen the documents in the states that have used it so far I haven't seen them use that language but again I think that goes back to you really should see an attorney because you know that's at the point where an attorney might be able to review it and make sure not that not only that you executed it properly but say to you you know be able to give you a little piece of advice and say you know you might want to add this because there could be a detrimental effect and you might not be doing exactly what you think you're doing by drafting this document I guess related question is can the grant were determined how the beneficiary school I have not seen that they have the ability to grant or has the ability to control that in the deed they it seems that the they want it to be a very cut and dry where the Grand Tour is in control until death a death once the beneficiary takes it then they're in control I don't think they I think they want to leave it where the Grand Tour isn't capable of putting too many limits on the beneficiary because the beneficiary you know is taking on a little bit of liability there where you need to I think keep the flexibility that the beneficiary will have them to to do with it what they might need to or want to do with the property what happens if mentor andersonville hundred is sale is that an automatic and then I got another what happens in after the grantor hendersonville sale rent or dies and then finally what happens if interest coverage the type of company mrs. this keen on the record and a purchaser actually purchase it and then they grant so dancer I mean to answer your questions if they did say the revocation if you do an inter vivos deed of any other kind subsequent to doing the transfer on death deed that will revoke the transfer on death deed so thats answer that part of your question yes that if you enter a purchase of sales you know you sell your property to anybody else the transfer on death deed is not an issue at that point once you complete the deed and record that what about during the executor between the signing the contract if he dies during that period I think from my understanding of it is up until then inter vivos deed is recorded I believe the transfer on death deed is still effective so if you have a situation like that where that there's a death in between the contract and the execution and recording on the next deed I believe that transfer on death d would still have effect for mac toward warcraft cover periods event is sherry for this there is disclaimer there is a section on disclaimer in both the uniform Act and my draft there is not a specific period restricting the beneficiary to disclaiming the property we didn't put it there was no time limit placed on it that wasn't something I had considered in in drafting it or my research of the Uniform Act it's certainly something that may come up and that doesn't want doesn't know there are conferences for well then I mean at the time the grantor guys until they record the death certificate they technically have not taken the property according to the uniform act that was their suggestion you know their ideas that you don't have to give notice or any sort of idea to the beneficiary once you make this deed I didn't necessarily agree with that you know unless there's some circumstance where you really don't want to let them know I couldn't imagine one I I would sort of suggest to someone to give some notice to the beneficiary because of exactly what you talked about you want them to have the opportunity to evaluate the property particularly if unfortunately they know the Grand Tour is you know possibly going to be dying in the near future they may have time to speak with them and you know learn more about the property and what might what encumbrances might be on the property so that was somewhere where I differ a little bit from the idea of the uniform act in terms of giving not giving notice or giving notice to the to the beneficiaries child first your craft allegedly and saying which what ideas do you have for addressing this manatee problem I think one thing if it depends on where the state falls on it first of all I mean Colorado took that clear stance where they absolutely did not want these people who use these deese eligible for Medicaid so in my opinion yeah I would have it would have to be a discussion that the legislature has for me I think it once the legislature has the time to discuss that and if they make a distinct decision I think I have no issue with doing what Colorado did in drafting an explicit law that says you are or you are not eligible difficult practice for the time that happens he says his yeah now that was one of the significant issues that I think was being dealt with in Colorado was one of the first States to really jump on out in front of it and address that explicitly but I wouldn't be surprised if a lot of the other states that have it it really should get or should we should assume that this is going from the way to the applied so far that takes up yeah well just a comment I think it's very well done paper mr. Coble and so nice going thank you appreciate it