Mom needs long term care. Lives in NH. Home is in a revocable trust since 2006. How does she pay for it? - AgingCare.com

Mom needs long term care. Lives in NH. Home is in a revocable trust since 2006. How does she pay for it?

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selfishsib is on the right track - you need to see an experienced attorney. Who did the REVOCABLE trust paperwork? I'd go there first or if not them, then a elder law attorney. You do want to go into the meeting with all the data you can....like the trust paperwork, a copy of the filings on the property from the assessor's office (most counties have it so that you can just go on-line a pay a small fee to download this); the most recent tax assessor statement (this is usually sent in Oct/Nov for a January payment); mom's ID and if she can't be there, then you need your DPOA papers. Also plan on updating mom's will - you will need to do this for the change in paperwork.

Per chance, was this done as a life estate? and done via a quit claim?

Each state views trusts differently. Like TX accepts an Enhanced Benefit Trust (aka Lady Bird Deed) as an allowable exemption but other states don't. I think all states allow for a Miller Trust (aka Guaranteed Income Trust) to be done for Medicaid. But in general a revocable trust - since it can be changed - is viewed as an non-exempt asset for Medicaid while a irrevocable trust is good for Medicaid. The devil is in the state driven details. Good luck and keep a sense of humor.
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Assumption she is divorced or widowed, house is 100% hers thru the RT and paid in full?? Is any other fam member living in said home? What is her mefical condition? Do you live near or same state? Even in a good Nursing Home or Skilled Nursing Facilitu, you will want to oversee her care or appoint someone 2 dp it! Is there any additional money (checking, savings, investments)? If there's nought but the house (no cash to spesk of), you'll want to check out Medicaid (Federal but administered thru your state generally @ county level. Guidelines are that they look back 5 years (bank statements - they will ask you for them but they may also pull them electronically and compare what you give them with what they received, questioning any discrepancy, so be accurate). If you have money in joint tenancy with hers, that's counted as hers (l "think" if you can prove the money is yours, say it's where you deposit your earnings (and you never commingled your money with herd, and you had her name on the account for convenience, they may waive counting that. But if you put your name on her account for convenience and it's still there as a joint acct, it counts as hers. If she goes on medicaid, no othet fam lives in house and she isn't expected to recover & return home, you may b required 2 sell the home & use that money for room & board at a NH or SNF until you've spent down her funds, then she would go back on medicaid. If l were you, l'd talk to the (hopefully elder care) lawyer who drew up the trust.
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Your first step should be to contact an elder care attorney to review the trust papers with you and discuss your Mom's finances and the possibility of filing for Medicaid if she doesn't have enough savings or long term care insurance to pay for her care.

Each trust is different and state laws vary as well. Research elder care attorney's in your area. I went through a similar process and couldn't have done it without the lawyer's help and guidance. Well, well, worth the fee. Good luck!
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