My assets are in a Living Trust, including my home. If I enter a nursing home, and all my money assets are spent to take care of

Estate Planning 3 views 3 answers
me, can the state take away my home, even though I do not live in it? Or can the benificies of the trust sell the home and keep the assets apon my death.

Attorney Answers

3
Steven Fromm ·
Mr Frederick really gives a complete answer. The only thing to add is to reinforce the need to get a qualified and experienced elder law to go over the sperifics of your situation as usually there is some planning that can be done in this area if you get on top of it early. Hope this helps. Please remember to designate a best answer to your question. Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336, his email address is [email protected] , for more tax, estate and business articles visit his website www.sjfpc.com. and blog
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James Frederick ·
The answer depends on the facts of your situation. Every state in America has a Medicaid Estate Recovery program, that is designed to at least partially reimburse the government for benefits paid to nursing home residents. For most people, the biggest asset is their home, which is an exempt asset for Medicaid qualification. So many of these recovery acts allow the state to place a lien on the property. That lien would need to be paid off, upon the death of the nursing home patient. For more information on this process, see here: http://www.azahcccs.gov/community/Downloads/Publications/DE-810_english.pdf There are some exceptions in cases of hardship, and there may be some planning techniques available to lessen or eliminate the potential for this lien. This is an immensely complicated area of the law, however, and the rules frequently change. You need to seek out a knowledgeable elder law attorney, if you have additional questions or wish to explore your options. James Frederick
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Bryan Jonathan AdlerElder Law AttorneyTrevose, PA ·
As discussed, Medicaid laws vary state to state. That being said, a qualified Elder Law Attorney will be best suited to discuss with you treatment of your home. In PA and NJ a home is "protected" only when a the spouse of the Medicaid recipient remains in the home. In some limited circumstances a single applicant may still qualify for Medicaid even when they own a home provided they have no other liquid assets, and they either (1) intend to return to the home after a short stay in a Nursing home, or (2) the home is listed for sale. Please note: As you reside in Arizona the laws may be entirely different and I encourage you to meet with an Elder Law Attorney (preferable a Certified Elder Law Attorney) to review you entire situation. He or she will be able to advise you how best to protect your assets.
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