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.
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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.
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