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Can medicaid take money from an irrevocable living trust

Puxico, MO |

My Mom has an irrevocable living trust. If you needs to stay in a nursing home does Medicaid take the money in her irrevocable living trust

Attorney Answers 3


The matter would require a hearing if they file a claim against the estate. An experienced attorney can make an argument against the claim if your set of facts exists. Good luck.

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You are mixing up terms. There is no such thing as an irrevocable living trust. A "Living Trust" is a common name given to a revocable trust. This kind of trust has very little asset protection and would do nothing to protect assets from Medicaid reimbursement. Furthermore, all of the assets within such a trust are "countable" assets, for purposes of Medicaid qualification. You would never use this kind of trust for Medicaid purposes.

An Irrevocable Trust COULD protect assets and put them out of reach for Medicaid purposes, provided the transfer into trust was made MORE than 5 years prior to applying for Medicaid.

The Medicaid rules are immensely complicated and you do your mom and yourself a disservice, if you fail to meet with an attorney to address your concerns.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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Yes but not actually "take from the trust." Technically, what medicaid will do is deny any medicaid claim and decline to pay any benefits until the funds in the trust uses up its own funds.

This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.

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