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TV, contact the attorney who prepared the trust. That is a legal question that has lots of layers to it. The government takes nothing. A lien to get repaid any monies spent by Medicaid for a person's care out of that person's assets or sale of those is required by law in all states. How the debt is collected from an estate varies by state. An attorney familiar with Medicaid is your best resource.
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What about monies i the trust or going into the trust?
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Depends. If the Trust is less than five years old, Medicaid will impose a penalty for making the asset unavailable. Even if the Trust is older, if the patient had a "life tenant" status, they are entitled to a pro-rated portion of the proceeds if the house is sold while they are still alive.
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