My father is 92 , and entered a nursing home in broward county , fl . if he applies for medicaid , and establishes a trust

Asked almost 2 years ago - Boca Raton, FL

will medicaid re coup the money paid ... when he passes away ?

Attorney answers (3)

  1. Adam Troy Rauman

    Contributor Level 14

    3

    Lawyers agree

    Answered . More details are needed to properly address your question. In general, Medicaid has a 5 year look back period with regards to assets and qualifying for benefits. Depending on the situation, you may be able to establish an income trust, which upon death, would pay the remaining assets to the State as a reimbursement for services. In any event, if an individual is the recipient of Medicaid, the State does make a claim against their estate upon death.

    Please contact an estate attorney to better address your specific situation.

    Answer does not constitute legal advice. Please call (727) 471-0039 or contact me at arauman@protectyourfuture.... more
  2. Lawrence A Friedman

    Contributor Level 18

    2

    Lawyers agree

    Answered . Depends. Florida has Medicaid estate recovery but not everything is subject to estate recovery. It certainly is possible to arrange one's affairs to avoid ER issues. Your best bet is to consult a local elder law attorney for individual advice.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more
  3. Eric Jerome Gold

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Each situation is unique, and there is no way in this forum to provide you with a clear answer. Your most prudent course of action would be to consult with a local elder law attorney to explore your options. If you need help finding one, try the Avvo find a lawyer tool.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

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