It depends on the terms of the trust. If it is a living trust it is generally revocable which means that the person who created it can change it at will. If that is in fact the case then there is no asset protection associated with it. I would encourage you toseek advice from an attorney who practices in the elder law area.
Hope this helps. If you think this post was helpful, please check the answer was a good answer tab below. Thanks. Mr. Geffen is licensed to practice law throughout the state of Texas with an office in Dallas. He is authorized to handle IRS matters throughout the United States and is licensed to practice in US Tax Court as well as The Court of Claims. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
Typically, if you want to shield your estate from the costs of a nursing home, you must form and fund an irrevocable trust with your property. This involves naming someone else to act as trustee, and you can’t get change your mind and take your property back after you move it into the trust’s ownership. Your ownership of your property is severed so a nursing home can’t expect you to use these assets to pay for your care -- they’re not yours any longer. Moving your property into such a trust allows you to qualify for Medicaid. When you make the transfer of property, you effectively deplete your estate of disposable assets. However, this doesn’t have to leave you bereft -- the trust can provide you with income produced from the assets it holds. Seek out an Estate attorney--don't try this yourself.
DISCLAIMER: Please be advised that this communication does not establish an attorney-client relationship. The information provided by WFB Legal Consulting, Inc. is disseminated for educational purposes only, and is not to be construed as legal advice. Do not take any action, postpone any action, or decline to take any proposed action based on this information without first engaging the representation of a licensed attorney at law in your State of residence.
Yes, assuming it is an IRREVOCABLE trust and is written properly. However, most states had a 5-year lookback period in which they will look to see if the Medicaid applicant has transferred any property. Do this only with the guidance of an experienced elder law attorney.
In California, merely placing the title to real property into a Revocable living trust prevents the DHCS from recovery unlike other states that require moving the house into s MAPT. There's other planning with regard to moving non-real property assets in the name of the well-spouse does and possible the use of a 3100 petition. I suggest speaking to an elder law attorney before you carry out any of these planning ideas.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline