1. What is the purpose of an irrevocable trust in the first place? What kind of assets have funded the trust? I.e., real estate or financial assets? What assets have specifically been retitled to be funded into the trust? If none have been retitled, the trust has NO assets.
2. The son whose name is "on the deed": in what capacity? Is title of a father, mother, or other person, jointly, with rights of survivorship? I.e., when anyone else named on the deed has passed, does title vest in the son's name?
3. Also importantly, is whether or not the deed has also been changed to read that the trust holds title, i.e., the deed has been amended so that the property is funded into the trust. If that wording hasn't been added, the deed isn't going to be affected by a trust, assuming it's prepared by a qualified estate planning or elder law attorney.
4. There are specific trusts that can address future medical debts, by sharing techniques, but I get the impression your goal is to shelter assets from medical debts. Is this the situation?
5. If the goal is to shelter the funds so that the son can still get medical care while maintaining assets, I think you might want to consider how reasonable and fair this is. It's not! If the funds exist for the son's medical care, that's what they should be used for, not squirreled away.
OTOH, are you concerned about the son not being responsible for debt incurred for the mother's care?
Some clarification would help answer your questions; it's not clear what the issues really are.
Felipejr, let me see if I am reading your question correctly.... your Mom has your name on the deed to her house?
This is all quite complex. I would highly recommend you seek the advice of an Elder Law Attorney.
Please note any grown child who is on the same deed as their parent(s) could face IRS Capital Gains Taxes. What happens is when the time comes to sell the house, the IRS will have you go all the way back to the buying price of the house by your Mom. Depending on the value of the house and how long your Mom has owned the house, you could face considerable taxes.
It is far better to inherit the house, as the IRS Capital Gains Taxes uses the date your inherited the house to base its tax if when the time comes to sell the house.
If your Mom needs to use Medicaid [which is different from Medicare] and she needs to go into a nursing home because she needs professional care, Medicaid would want to be reimbursed for that care. And usually if the patient has a house, the equity in the house will help pay that reimbursement.
And the time frame when all of this is done is very important [the financial look back required by Medicaid]. It depends on the State rules for your State as each State if different.
I am not knowledgeable about trusts. But I am sure that if set up before the five year look back by Medicaid the assets cannot be counted in a Medicaid application. There will be a problem if set up within the 5 yr look back.
Does Mom need LTC now or in the near future? If so, you will not be able to set up a trust. Any assets she has needs to be used for her care. A house and a car are exempt. If you have always lived with her or are her Caregiver, you may be able to stay in the home but may need to prove you can pay bills and upkeep. When she passes, a lean will be put on the house to recoup the money used for her care. You may be able to remain in the home, but if u leave, sell or die the lean will need to be satisfied.
You cannot be held responsible for your Moms debts. Medicaid will pay for her care in Longterm care and cover her medical needs after Medicare pays their share. If Mom has no money, then the debts will not get paid. Never give her creditors your information.
Once you are in LTC with Medicaid paying there are no medical or NH bills. Medicare pays 80% of what they feel is reasonable and Medicaid picks up the balance.
If Mom has money, then that is to be used for her care. You spend down her assets and when she starts to run out of money, you apply for Medicaid. You are not responsible to pay for her care but you are responsible to apply for things in a timely manner so there is no gap between when the money runs out and Medicaid begins. Don't trust a NH to keep on top of things. We have a thread going now where an OP was given the wrong info by a lawyer. If u use a lawyer, make sure he is well versed in Medicaid.
1. What is the purpose of an irrevocable trust in the first place? What kind of assets have funded the trust? I.e., real estate or financial assets? What assets have specifically been retitled to be funded into the trust? If none have been retitled, the trust has NO assets.
2. The son whose name is "on the deed": in what capacity? Is title of a father, mother, or other person, jointly, with rights of survivorship? I.e., when anyone else named on the deed has passed, does title vest in the son's name?
3. Also importantly, is whether or not the deed has also been changed to read that the trust holds title, i.e., the deed has been amended so that the property is funded into the trust. If that wording hasn't been added, the deed isn't going to be affected by a trust, assuming it's prepared by a qualified estate planning or elder law attorney.
4. There are specific trusts that can address future medical debts, by sharing techniques, but I get the impression your goal is to shelter assets from medical debts. Is this the situation?
5. If the goal is to shelter the funds so that the son can still get medical care while maintaining assets, I think you might want to consider how reasonable and fair this is. It's not! If the funds exist for the son's medical care, that's what they should be used for, not squirreled away.
OTOH, are you concerned about the son not being responsible for debt incurred for the mother's care?
Some clarification would help answer your questions; it's not clear what the issues really are.
This is all quite complex. I would highly recommend you seek the advice of an Elder Law Attorney.
Please note any grown child who is on the same deed as their parent(s) could face IRS Capital Gains Taxes. What happens is when the time comes to sell the house, the IRS will have you go all the way back to the buying price of the house by your Mom. Depending on the value of the house and how long your Mom has owned the house, you could face considerable taxes.
It is far better to inherit the house, as the IRS Capital Gains Taxes uses the date your inherited the house to base its tax if when the time comes to sell the house.
If your Mom needs to use Medicaid [which is different from Medicare] and she needs to go into a nursing home because she needs professional care, Medicaid would want to be reimbursed for that care. And usually if the patient has a house, the equity in the house will help pay that reimbursement.
And the time frame when all of this is done is very important [the financial look back required by Medicaid]. It depends on the State rules for your State as each State if different.
Does Mom need LTC now or in the near future? If so, you will not be able to set up a trust. Any assets she has needs to be used for her care. A house and a car are exempt. If you have always lived with her or are her Caregiver, you may be able to stay in the home but may need to prove you can pay bills and upkeep. When she passes, a lean will be put on the house to recoup the money used for her care. You may be able to remain in the home, but if u leave, sell or die the lean will need to be satisfied.
You cannot be held responsible for your Moms debts. Medicaid will pay for her care in Longterm care and cover her medical needs after Medicare pays their share. If Mom has no money, then the debts will not get paid. Never give her creditors your information.
Once you are in LTC with Medicaid paying there are no medical or NH bills. Medicare pays 80% of what they feel is reasonable and Medicaid picks up the balance.
If Mom has money, then that is to be used for her care. You spend down her assets and when she starts to run out of money, you apply for Medicaid. You are not responsible to pay for her care but you are responsible to apply for things in a timely manner so there is no gap between when the money runs out and Medicaid begins. Don't trust a NH to keep on top of things. We have a thread going now where an OP was given the wrong info by a lawyer. If u use a lawyer, make sure he is well versed in Medicaid.