Medicaid in Illinois: Will the state take both our assets?

See an attorney now. Also depends on how long you lived in the home as it is considered community property.

Linda49: Pose your question to an attorney.

Is the house in your name or the trust name, because if in your name, the trust doesn't own it. Meaning what the trust states about your house is not valid, as it would not be in the trust, unless your pour over will bequeaths it to the trust.

You can see how complicated this is if not done right.

Please see an attorney about this and ensure you have every thing titled and deeded correctly, or what you have set up isn't what you think you have set up.

Agree with Geaton.
Do not trust a Forum of caregivers with legal questions. For legal, financial and medical questions you need an expert. Put your son on researching this for you if you like but this is something that requires legal answers.

I think off top of my head if you have a home that was never in any way owned by the man you married, but was your HOME and he never contributed to Mortgage payment nor was on title and deed, and you put your home in YOUR trust for YOUR son, then your husband is not in any way involved in that home. But boy, that's pure and simple a GUESS on my part.

See an attorney. And best of luck.

This is a question for your trust attorney. Medicaid rules may vary by state and this is why you should ask your attorney. Medicaid can only recover payment from the assets owned by the people who used the benefit. If his name was never on the house title (so that he is outside their 5-yr "look back" period) and isn't joint on any other investments, they can't touch it. One of the reasons people create trusts is to make certain financial assets "invisible" to Medicaid. Still, I would ask the attorney since s/he would know all the specific details of your situation. This is a global forum and we are not attorneys.