Living Trust And Medicaid Eligibility

Every advisor who recommends a trust or does estate planning should understand how the living trust affects the medicaid spenddown.

Living trust and medicaid eligibility.

Under the new law for decedents dying after january 1 2017 assets held in a living trust would be immune from recovery. During the look back period medicaid checks to ensure no assets were sold or given away for less than they are worth in order for one to meet the asset eligibility limit. The medicaid agency and a state court determined that her assets including those in the trust exceeded the allowable asset limit for medicaid eligibility. The living trust can cause major problems.

Medicaid will pay for a nursing home subject to some rules one of which concerns your assets. Under sb 833 medi cal s ability to seek reimbursement for amounts paid from a medi cal recipient s estate would be limited to assets which pass as part of the deceased medi cal recipients probate estate the. This can result in a period. A typical medicaid trust might cost between 5 000 and 10 000.

The cost of setting up a medicaid trust depends on its terms other planning and the number value and nature of assets being protected. The medicaid program will pay for long term care if you can obtain eligibility. Medicaid considers the principal of such trusts that is the funds that make up the trust to be assets that are countable in determining medicaid eligibility thus revocable trusts are of no use in medicaid planning. All living trusts are not created the same and this is a crucial issue if you re planning to use one as a way to qualify for medicaid for your long term care.

We all love the revocable living trust rlt. For medicaid purposes the transfer of assets to a medicaid asset protection trust is seen as a gift. Therefore it violates the look back rule. The countable assets limit for these benefits in mississippi is 4 000 for a single individual higher for a spouse at home.

Medicaid is a joint federal and state program that together with the children s health insurance program chip provides health coverage to over 72 5 million americans including children pregnant women parents seniors and individuals with disabilities. A revocable trust is one that may be changed or rescinded by the person who created it. You may be aware of the fact that this program is only available to people with very limited financial resources. Medicaid is the single largest source of health coverage in the united states.

Persons residing in assisted living residences receive assistance from medicaid either through hcbs waivers or through the state s aged blind and disabled abd medicaid.