When writing their will(s) in 2003, my parents created a revocable "family trust" in which they placed the family home and one other piece of real estate. In 2008, my siblings and I signed a document at their lawyer's office, involving the outright transfer of ownership of the properties contained in the trust - after a 5-year waiting period - to us children. The 5-year period has now passed, and I am wondering if my parents are eligible to receive financial assistance from medicaid to help pay for either a nursing home or in-home care to stay in the family home. Both need constant (24/7) supervision for safety reasons, and help with walking, feeding, bathing, etc. Dad receives a small workman's pension, and Mom receives some SS income from previous work. They have no major assets.
Elder Law Attorney
I would want to look at the document which you signed in 2008 to see exactly how it is phrased in order to answer your question. A little knowledge of elder law is a dangerous thing. I don't know if the attorney you saw then actually does elder law as a major component of his or her practice; however, if he doesn't, take the legal documents to an elder law attorney for review. An experienced elder law attorney can also discuss with you eligibility for MassHealth services in the community under the various programs that are available for that purpose.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.
Elder Law Attorney
It depends! Don't you love that answer? But it really does depend on what is actually in the documents that were executed as well as the law in your state. It is not impossible that the properties are now "off the table for MA purposes, but you must talk with an elder law attorney to be sure. Why not the attorney who drew up the documents in the first place?
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Family Law Attorney
As my brother stated, it depends. The key is going to depend on the wording of the trust and the style of transfer of the properties in your question.
No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
Estate Planning Attorney
I agree with the other attorneys and suggest you now hire a medicaid attorney to help with the application.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Elder Law Attorney
Medicaid varies from one state to another but here in Alabama, if the real estate had in fact been transferred 61 months or more out of your parent's name, it would be exempt from a Medicaid lien. There are exceptions to this and seeing the deed would be definitive so I strongly encourage you to search for an Elder Law attorney in your parents' state and consult with her/him on this to be 100% sure of what you have.