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An Elder Law Attorney in your state can explain how you and your family can benefit from planning that includes an Irrevocable Trust.

The Irrevocable Trust can be written to protect Medicaid eligibility, avoid Probate, and keep the principal residence exclusion from income taxation in case you decide to sell your home during your lifetime.

As others have posted here, the many considerations include whether you have a spouse, or a disabled family member.

How you structure and fund the Trust depends on your current care needs, and your health. The planning involves a realistic look at how soon your might need Medicaid, and how much control of assets you are willing to give over to a Trustee.

The Elder Law Attorney who knows Medicaid and Estate Planning will be able to explain the options that make sense for you and your family.
Helpful Answer (2)
Reply to John L. Roberts
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At this point you may not to be able to protect your assets if you think Medicaid will be needed in next five years.

Like said, the "Community Spouse" will not be made impoverished. You will be able to stay in the house and have a car. Medicaid will put a lean on the house at time of DH passing. At time house is sold, the lean will need to be satisfied.
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Reply to JoAnn29
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needtowashhair Mar 15, 2019
This is not a correct statement.

Check the laws in your state. Many states will only attempt MERP during probate. If there is no probate, then there is no recovery. Medicaid will not be a lien on the house when the spouse dies. Since at the time of death, for most deeds, the surviving deed holder has full ownership of the property. Thus there is no probate on the house and nothing for medicaid to attempt recover on. Even if there is no one else on the deed, you can fill out a TOD as late as a the day before death and the property will be transferred upon death. Once again, there is no probate on the house and medicaid cannot attempt recovery.

Sweeping statements like "Medicaid will put a lean on the house at time of DH passing." are out of date and simply not true. Check the laws in each state since each state runs their own MERP.

As always, I have no idea what I am saying. I just spent all day the sun mowing the lawn. I'm a bit light headed. None of this is advice. Is Ike still president?
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Are you asking about Medicaid?
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Reply to tacy022
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If you are talking about your husband’s assets and Medicaid, there should be no need to protect assets. Medicaid will not leave a spouse impoverished. You will have to use some of the assets for his care but not all of them.
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Reply to worriedinCali
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