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Can medicaid put a lean on a house that is under a Living trust . It has been under the trust since 1997.

Asked over 2 years ago - Lufkin, TX

My mother is on medicaid for her medicine now. To get her a provider she would have to go on medicaid for the provider. All she receives is social security. No bank acount only owns her home. The home is under a REvolcable Living Trust that become irrevocable at her death and will belong to her beneficiaries. Medicaid said if she received a provider when her exspenses reached $8,000 they could put a lean on her house. Is this possible with the trust which she has had since 1997?

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Attorney answers (1)

Robert Jeffrey Mueller

Reputation Level 10

Answered over 2 years ago. Trusts Attorney in San Antonio, TX.

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Yes.

When the Medicaid Estate Recovery Program first went into effect in 2005, few thought they would go after revocable living trusts. It seems they have changed their minds as I dealt with a case early this year where Health & Human Services demanded a copy of the trust and asset inventory. They eventually decided against pursuing the claim. But it seems that they are ramping up things to increase revenue into the nearly bankrupt system.

Robert

*** For educational purposes only and not intended nor meant to initiate an attorney client relationship. ***

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