Will a revocable trust protect my parents' assets from being counted against Medicaid?
They have a fare amount of assets that we are trying to protect. The trust was done in 2012. I just want to know if a revocable trust will protect them like an irrevocable trust?
Revocable means the person who created the Trust (the Grantor or Donor) can change, amend, and revise the Trust provisions, and take back any assets.
So, that person is still considered the owner of any assets that they titled as being owned by the Trustee.
Ownership and control of an asset makes it countable to the person who is applying for Medicaid.
Ask the attorney who drafted the Trust to explain how it works.
A Revocable Trust can become Irrevocable when the Grantor or Donor dies. Ask whether your parents have established a plan that would serve the long term care planning needs of the surviving spouse after death of one spouse.
If the purpose of the Revocable Trust was simply to avoid Probate, it's not designed to allow for Medicaid eligibility.
Revocable means it can be changed. Medicaid is for those with few assets, if you parents are well off they are responsible for paying for their care. If they spend all their money on their care, then they apply for Medicaid.
Applying Medicaid is not a way to ensure there is an inheritance for the next generation.
Nope. Not at all. a trust whether it is revocable or irrevocable does not shield or protect your assets from Medicaid. Whatever money your parents have now, they have to use for their care.
No, it will need to be revoked with the assets spent down. Unspooling a Trust is not a DIY and the law firm who did this back in 2012 would be the ones I’d suggest you call first to do this. AND CLEARLY ASK IF THEY UNDERSTAND LTC Medicaid Eligibility. If they don’t, then your folks need a different attorney.
also I’d suggest you really very carefully sift thru their financials to see what else might have been done in the past that will pose eligibility issues for Medicaid should they outlive their assets.
And please remember that Medicaid is “at need” for BOTH financials and medical. Just being old and needing help with ADLs or medication management is probably not going to be showing in their health chart to be “at need” medically for skilled nursing care. Most states Medicaid do not pay for AL or MC but only care in a SNF NH. Based on other posts, some states (CA) are now taking the approach that LTC Medicaid needs to have them admitted to & residing in a SNF as a post hospitalization discharge to a SNF for “rehab” in order for the Medicaid LTC application to be filed.
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So, that person is still considered the owner of any assets that they titled as being owned by the Trustee.
Ownership and control of an asset makes it countable to the person who is applying for Medicaid.
Ask the attorney who drafted the Trust to explain how it works.
A Revocable Trust can become Irrevocable when the Grantor or Donor dies. Ask whether your parents have established a plan that would serve the long term care planning needs of the surviving spouse after death of one spouse.
If the purpose of the Revocable Trust was simply to avoid Probate, it's not designed to allow for Medicaid eligibility.
Applying Medicaid is not a way to ensure there is an inheritance for the next generation.
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Unspooling a Trust is not a DIY and the law firm who did this back in 2012 would be the ones I’d suggest you call first to do this. AND CLEARLY ASK IF THEY UNDERSTAND LTC Medicaid Eligibility. If they don’t, then your folks need a different attorney.
also I’d suggest you really very carefully sift thru their financials to see what else might have been done in the past that will pose eligibility issues for Medicaid should they outlive their assets.
And please remember that Medicaid is “at need” for BOTH financials and medical.
Just being old and needing help with ADLs or medication management is probably not going to be showing in their health chart to be “at need” medically for skilled nursing care. Most states Medicaid do not pay for AL or MC but only care in a SNF NH. Based on other posts, some states (CA) are now taking the approach that LTC Medicaid needs to have them admitted to & residing in a SNF as a post hospitalization discharge to a SNF for “rehab” in order for the Medicaid LTC application to be filed.